JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
FEBRUARY 20, 2009 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Jacalyn L. Cilley |
Maurice L. Pilotte |
Martha Fuller Clark |
Peter B. Schmidt |
Amanda Merrill |
Betsey L. Patten |
Robert J. Letourneau |
Suzanne H. Gottling |
William P. Denley |
Alida I. Millham |
Kathleen G. Sgambati
(Alt.) |
Laurie J. Boyce (Alt.) |
Matthew S. Houde (Alt.) |
Kathleen N. Taylor (Alt.) |
Betsi DeVries (Alt.) |
Kimberley S. Casey (Alt.) |
Michael Downing (Alt.) |
Tara A. Sad (Alt.) |
Sharon M. Carson (Alt.) |
David H. Kidder (Alt.) |
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The times and
order specified for the agenda and items listed below are only tentative. The Committee may change the order or may
change the amount of time allotted for such items.
1. 9:00 am Convene and Review Minutes |
14. 11:15 am INT
2009-2 Env-A & |
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INT 2009-6 Env-Wq |
Consent
Agenda |
15. 12:00 pm INT
2009-4 Tre |
2. 9:05 am Final
Proposals |
16. 12:15 pm FP's
2008-251 & 252 Cub |
3. 9:10 am Objection
Responses |
17. 1:00 pm LUNCH
BREAK |
4. 9:12 am Preliminary
Objections |
18. 2:00 pm FP
2008-221 Res |
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19. 2:30 pm FP
2008-223 Env-Wq & |
Regular
Agenda |
FP 2008-225 Env-Dw |
5. 9:13 am Postpone
Items |
20. 3:00 pm INT
2009-1 & FP 2008-187 Ret |
6. 9:15 am FP
2008-168 Geo |
21. 3:15 pm INT
2009-5 Agr |
7. 9:20 am FP
2008-241 Den |
22. 3:30 pm FP
2008-141 Rec |
8. 9:40 am FP's
2008-246 & 247 Pari |
23. 3:45 pm FP's
2008-170 & 206 Phy |
9. 10:10 am INT
2009-3 Alc |
24. 4:00 pm OR's
from 1-9-09 Meeting |
10. 10:40 am FP
2008-236 Ins |
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11. 11:00 am FP
2008-222 He-Hea |
Other Business |
12. 11:05 am FP
2008-240 He-W |
25. 4:15 pm Other |
13. 11:10 am FP
2008-203 Fis |
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FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
1. Convene and Review
Minutes
JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
For
INT's: |
Deadline
is for approval or conditional approval. |
CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals: |
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(a) FP 2008-167 Approval |
BOARD OF PROFESSIONAL GEOLOGISTS Explanation After Adoption (JLCAR
Deadline February 20, 2009.) |
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(b) FP 2008-195 Approval |
GOVERNING BOARD OF
RECREATIONAL THERAPISTS Processing of Applications
for Initial Licensure; Multipart Application Form; Required Documents;
Letters of Reference; Eligibility Requirements; Purpose of Conditional
Licensure; Eligibility Requirements for Supervisors (JLCAR Deadline March 19, 2009.) |
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(c) FP 2008-196 Approval |
GOVERNING BOARD OF
RECREATIONAL THERAPISTS Reinstatement of Licenses (JLCAR
Deadline March 19, 2009.) |
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(d) FP
2008-197 Approval |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Ongoing Requirements (JLCAR Deadline
March 19, 2009). |
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(e) FP 2008-198 Approval |
GOVERNING BOARD OF
RECREATIONAL THERAPISTS Ethical Standards (JLCAR
Deadline March 19, 2009.) |
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(f) FP 2008-200 Approval |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Reinstatement of Licensure (JLCAR
Deadline February 23, 2009.) |
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(g) FP 2008-201 Approval |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS Ethical
Standards (JLCAR Deadline February 26, 2009.) |
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(h)
FP 2008-202 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Consolidated
Services (JLCAR Deadline March 9, 2009.) |
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(i) FP 2008-204 Approval |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Re-Taking
the National Physical Therapy Examination; The Board's Processing of Requests
to Re-Take the National Physical Therapy Examination for the Fourth Time (JLCAR Deadline March 16, 2009.) |
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(j)
FP 2008-205 Approval |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Materials
Required to Accompany the License Application Form; Basic Eligibility
Requirements for Full or Conditional Initial Licensure (JLCAR Deadline March 9, 2009.) |
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(k) FP 2008-214 Approval |
BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Organizational Rules (JLCAR Deadline February 23,
2009.) |
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(l) FP 2008-215 Approval |
BOARD OF LICENSING FOR
ALCOHOL AND OTHER DRUG USE PROFESSIONALS Definitions; Presiding Officer; Commencement of Proceedings;
Emergency Suspension; Recording; Evidence; Fact Findings, Law Conclusions;
Disposition; Public Comment Hearings; Declaratory Rulings (JLCAR
Deadline February 23, 2009.) |
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(m) FP 2008-216 Approval |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Procedures
for Submission and Processing of Complaints of Misconduct; Settlements (JLCAR Deadline February 23, 2009.) |
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(n) FP 2008-217 Approval |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Appearances (JLCAR Deadline February 23, 2009.) |
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(o) FP 2008-218 Approval |
BOARD
OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Ethical
Standards (JLCAR Deadline February 23, 2009.) |
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(p) FP 2008-224 Approval |
POLICE
STANDARDS AND TRAINING COUNCIL Physical
Examination (JLCAR Deadline March 16, 2009.) |
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(q) FP 2008-237 Approval |
INSURANCE
DEPARTMENT Use
of Senior-Specific Certification and Professional Designations in the Sale of
Life Insurance and Annuities (JLCAR Deadline March 9, 2009.) |
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(r) FP 2008-238 Approval |
INSURANCE
DEPARTMENT Advertisements
of Medicare Supplement Insurance with Interpretive Guidelines (JLCAR Deadline March 20, 2009.) |
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(s) FP 2008-239 Approval |
INSURANCE
DEPARTMENT Network
Adequacy (JLCAR Deadline March 2, 2009.) |
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(t) FP 2008-242 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Permit to Operate for Public Water Systems (JLCAR
Deadline March 16, 2009.) |
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(u) FP
2008-245 Approval |
RACING
AND CHARITABLE GAMING COMMISSION Rules
of Practice (JLCAR Deadline February 27, 2009.) |
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(v) FP 2008-249 Approval with
Recommendation |
CURRENT
USE BOARD Forms
and Criteria Availability (JLCAR Deadline March 16, 2009.) |
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(w) FP 2008-250 Objection |
CURRENT
USE BOARD Conduct
of a Forum (JLCAR Deadline March 16, 2009.) |
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(x) FP 2008-253 Approval |
FISH AND GAME DEPARTMENT Fish and Game Rules Relative to Wildlife
Damage, Sealing Fur, Training Bear Dogs and Closed Areas Near Fishways (JLCAR
Deadline March 23, 2009.) |
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(y) FP 2008-254 Approval |
DEPARTMENT
OF SAFETY Fingerprint
Processing Fee Rules (JLCAR Deadline March 16, 2009.) |
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(z) FP 2008-258 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Birth Conditions Program (JLCAR
Deadline March 23, 2009.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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NOTE: The
following proposals were conditionally approved by the Committee on the dates
indicated. Also noted are whether
there are agency responses and subsequent confirmation by the Office of
Legislative Services that the proposals have been amended as conditionally
approved. No further Committee action
is required in that case. |
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Conditionally
Approved November 6, 2008: |
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FP 2008-131 |
POSTSECONDARY EDUCATION
COMMISSION Rules Governing the Evaluation of Institutions of
Higher Learning (Response
not received yet.) |
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Conditionally
Approved December 18, 2008: |
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FP 2008-193 |
BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND
EMBALMERS Fee Schedule and Continuing Education Requirements (Response
received 1-15-09 and confirmed 1-16-09.) |
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Conditionally
Approved January 9, 2009: |
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FP 2008-186 |
BOARD OF NURSING Various Provisions Related to: Qualifications, Examinations,
Renewals, On-going Requirements, Nursing and Nursing Assistant Education
Programs, Nursing Education Program Fees, and LNA Medication Administration
Certification (Response
received 1-22-09 and confirmed 1-23-09.)
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FP 2008-124 |
INSURANCE DEPARTMENT Suitability in Annuity Transactions (Response
received 1-20-09 and confirmed 1-22-09.) |
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FP 2008-174 |
INSURANCE DEPARTMENT Medical Malpractice Liability Insurance (Response
received 1-26-09 and confirmed 1-27-09.) |
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Conditionally
Approved January 16, 2009: |
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FP 2008-213 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Medicaid-Covered Home and Community-Based Care Services
for Persons with Developmental Disabilities and Acquired Brain Disorders (Response
received 1-16-09 and confirmed 1-20-09.) |
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FP 2008-229 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Secure Psychiatric Unit Transfers (Response
received 1-16-09 and confirmed 1-20-09.) |
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FP 2008-211 |
DEPARTMENT OF EMPLOYMENT SECURITY Form; Dishonored and Application; Interest on
Overpayments; Electronic Communications (Response
received 2-12-09 and confirmed 2-13-09.) |
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REGULAR AGENDA |
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5. Consider postponing action on certain items
to another meeting. |
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6. FP 2008-168 Approval |
BOARD OF
PROFESSIONAL GEOLOGISTS Applications and Qualifications
for Licensure, Fees, Disciplinary Matters, Continuing Education and Ethical
Standards (JLCAR Deadline February 20, 2009.) |
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7. FP 2008-241 Conditional
Approval |
BOARD OF DENTAL EXAMINERS Board Organization, Financial Interests, Pleadings, Complaints,
Adjudicatory Proceedings, Authority of Presiding Officer, Licensure, Fees,
Qualifications, Duties, and General Housekeeping (JLCAR
Deadline February 26, 2009.) |
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8. RACING AND CHARITABLE GAMING COMMISSION |
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(a) FP 2008-246 Conditional Approval |
Bingo and Lucky 7 Rules (JLCAR
Deadline February 27, 2009.) |
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(b) FP 2008-247 Conditional Approval |
Games of Chance (JLCAR
Deadline February 27, 2009.) |
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9. INT 2009-3 Approval with Recommendation |
BOARD OF LICENSING
FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Initial Licensure; Examinations; Written Case Study;
Application Procedures; Felony Convictions (JLCAR
Deadline May 14, 2009. Proposed rule implements Chapter 189 of the Laws of
2008 (HB 1633-FN), effective July 1, 2008.) |
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10. FP
2008-236 Conditional Approval |
INSURANCE
DEPARTMENT Life Insurance
Illustrations (JLCAR Deadline March 2, 2009.) |
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11. FP
2008-222 Conditional Approval |
HEALTH SERVICES
PLANNING AND REVIEW BOARD Positron Emission
Tomography Scanners (JLCAR Deadline March 9, 2009.) |
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12. FP
2008-240 Approval |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former Division of Human Services Medicaid for Employed Adults with
Disabilities (MEAD) (JLCAR
Deadline March 23, 2009.) |
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13. FP
2008-203 Conditional Approval |
FISH AND GAME
DEPARTMENT Marine Rules - Commercial Haddock Length Limit;
Commercial Lobster Helpers (JLCAR
Deadline March 23, 2009.) |
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14. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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(a) INT 2009-2 Approval |
Air Related Programs Voluntary Greenhouse Gas Emissions Reductions
Registry (JLCAR
Deadline May 14, 2009. Existing rules
will expire February 24, 2009.) |
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(b) INT 2009-6 Approval |
Water Quality and Quantity Programs State Water Pollution Control Revolving Loan Fund
Amendments (JLCAR
Deadline May 14, 2009. Proposed rule designed
to address proposed federal economic stimulus legislation.) |
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15. INT
2009-4 Approval with Recommendation |
STATE TREASURER Treasury – Abandoned
Property Rules (JLCAR Deadline May 14, 2009. Former rules expired January 25, 2009.) |
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16. CURRENT
USE BOARD |
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(a) FP 2008-251 Approval |
Assessment Ranges for
Forest Land (JLCAR Deadline March 23, 2009.) |
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(b) FP 2008-252 Approval |
Developments and the Land
Use Change Tax (JLCAR Deadline March 16, 2009.) |
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18. FP
2008-221 Postponed to 3/6/09 Continued
Meeting |
DEPARTMENT OF
RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Job Training
Program (JLCAR Deadline March 23, 2009. Former interim rule expired March 12,
2008.) |
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19. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2008-223 |
Water Quality and Quantity Programs Youth Recreation Camps (JLCAR
Deadline March 23, 2009. Most of the
existing rules will expire February 28, 2009.) |
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(b) FP 2008-225 |
Drinking Water Programs Certification of Water Works Operators (JLCAR
Deadline March 23, 2009.) |
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20. N.H. RETIREMENT SYSTEM |
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(a) INT 2009-1 |
Code of Ethics of the
Retirement System (JLCAR Deadline May 7, 2009. Existing rules will expire April 10, 2009.) |
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(b) FP 2008-187 |
Minimum Participation Standards
- Group I State and Political Subdivision Employees (JLCAR Deadline March 23, 2009.) |
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21. INT
2009-5 |
DEPARTMENT OF
AGRICULTURE, MARKETS, AND FOOD Weights and Measures (JLCAR Deadline May 14, 2009. Most of the existing rules will expire
March 21, 2009.) |
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22. FP
2008-141 |
GOVERNING BOARD OF
RECREATIONAL THERAPISTS Continued Status (JLCAR Deadline March 19, 2009.) |
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23. GOVERNING
BOARD OF PHYSICAL THERAPISTS |
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(a) FP 2008-170 Postponed to 3/6/09
Continued Meeting |
Continued Status (JLCAR
Deadline March 9, 2009.) |
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(b) FP 2008-206 Postponed to 3/6/09
Continued Meeting |
Reinstatement of Licenses; Conditionally
Reinstated Licenses (JLCAR
Deadline March 16, 2009.) |
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24. Responses
to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet
Reviewed by Committee Staff: |
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OR 2008-163 Postponed to 3/6/09
Continued Meeting |
BOARD OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR
Deadline April 20, 2009.) |
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OTHER
BUSINESS |
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25. Other |
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