JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
FEBRUARY 21, 2020 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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Sen. John Reagan, Vice-Chair |
Rep. William A. Hatch,
Chair |
Sen. Jeanne Dietsch |
Rep. Kathleen Hoelzel |
Sen. Jay Kahn |
Rep. Carol M. McGuire |
Sen. Ruth Ward |
Rep. Peter B. Schmidt |
Sen. David Watters |
Rep. Kermit Williams |
Sen. Regina
Birdsell (Alt.) |
Rep. Alan Bershtein (Alt.) |
Sen. Shannon
Chandley (Alt.) |
Rep. Timothy Fontneau (Alt.) |
Sen. Martha Fuller
Clark (Alt.) |
Rep. David Karrick (Alt.) |
Sen. Lou
D'Allesandro (Alt.) |
Rep. Timothy Lang (Alt.) |
Sen. James Gray (Alt.) |
Rep. Dianne E. Schuett
(Alt.) |
The
times and order specified for the agenda 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 a.m. Convene, Seating
of Alternates, and Review Minutes
JLCAR Deadlines Noted in Agenda: |
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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. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
EXRF - Expedited Revision to Form
EXIR – Expedited Amendment to Incorporation by
Reference
CONSENT AGENDA |
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(a) FP 2019-165 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs SO2 and NOx Annual Budget Trading and Banking Program (JLCAR Deadline March 13,
2020.) |
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(b) FP
2019-208 Approval |
DEPARTMENT OF LABOR Responsibilities of Employers and Their Representatives (JLCAR
Deadline March 16, 2020.) |
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(c) FP 2019-211 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Indoor
Smoking - Definitions (JLCAR Deadline March 23, 2020.) |
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(d) FP 2019-215 Approval |
DEPARTMENT
OF REVENUE ADMINISTRATION Communications
Services (JLCAR Deadline March 16, 2020.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(No Items.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items.) |
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5. 9:16 a.m. 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 January 17, 2020: |
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FP 2019-160 |
BOARD OF ACUPUNCTURE
LICENSING Application Process,
Renewal, and Contrinuing Educaiton Units (Response not yet received.) |
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FP 2019-181 |
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Former Division of Public
Health Services End Stage Renal Disease
Dialysis Centers (Response
received January 23, 2020 and confirmed January 24, 2020.) |
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FP 2019-201 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Wetlands Programs Further Amendments
to Adopted Wetlands Rules (Response received January 17, 2020 and confirmed
January 17, 2020.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a) FP 2019-210 Conditional Approval with Request |
Former
Division of Human Services Medical
Assistance Services Provided by Education Agencies (JLCAR Deadline March 23, 2020. Most of the existing rule is an emergency
rule which will expire February 24, 2020.) |
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(b) FP 2019-197 Conditional Approval |
Former
Division of Human Services Physician
Services (JLCAR Deadline March 13, 2020.) |
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(c) OR 2019-145 Postponed to |
Former Division of Public
Health Services Lead Poisoning Prevention
and Control (JLCAR Deadline April 21, 2020.) (Response due March 2, 2020 but not yet filed.) |
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8. 9:45
a.m. BOARD OF PSYCHOLOGISTS |
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FP 2019-135 Preliminary Objection |
Informal
Resolution, Post-Doctoral Supervision, Application Process, Temporary
License Application, and Written Applications (JLCAR Deadline February 21, 2020.) (Formerly Item #8 on 1-17-20 Agenda.) |
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9. 9:50
a.m. BOARD OF BARBERING, COSMETOLOGY,
AND ESTHETICS |
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(a) FP 2019-178 Conditional Approval |
School and Shop
Requirements, Licensee Standards, Fines, and Inspection Notices (JLCAR Deadline February 21, 2020.) (Formerly Item #2(d) on 1-17-20 Agenda) |
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(b) FP
2019-177 Postponed to |
Mobile Barbershops (JLCAR Deadline March 9, 2020) |
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10. 10:00
a.m. BOARD OF MEDICAL IMAGING AND
RADIATION THERAPY |
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FP 2019-140 Approved |
Processing
of Applications, Required Documents, Temporary Licenses (JLCAR Deadline March 6, 2020.) |
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11. 10:10
a.m. BOARD OF DENTAL EXAMINERS |
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FP 2019-134 Conditional Approval |
Qualified Dental Assistants'
Duties, Dental Hygienists Duties, Continuing Education (JLCAR Deadline March 13, 2020.) |
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12. 10:20
a.m. BOARD OF EDUCATION |
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FP 2019-161 Conditional Approval |
Confidentiality Requirements
for Education of Children with Disabilities (JLCAR
Deadline February 28, 2020.) |
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13. 10:30
a.m. LOTTERY COMMISSION |
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(a) FP 2019-153 Preliminary Objection |
Bingo Rules (JLCAR Deadline March 2, 2020.) |
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(b)
FP 2019-154 Preliminary Objection |
Lucky 7 Rules (JLCAR Deadline March 2, 2020) |
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14. 10:50
a.m. PUBLIC UTILITIES COMMISSION |
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FP 2019-158 Conditional Approval |
Uniform
Administration of Utility Customer Relations (JLCAR Deadline March 9, 2020.) |
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15. 11:00
a.m. DEPARTMENT OF SAFETY |
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(a) FP 2019-198 Postponed to |
Commissioner Substance Abuse Reduction
Initiative (JLCAR
Deadline March 9, 2020.) |
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(b) FP 2019-188 Postponed to |
Commissioner Oil
Pollution Control Fund Licensing and Fees Rules (JLCAR Deadline March 23, 2020.) |
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(c) FP 2019-189 Postponed to |
Commissioner Oil
Discharge and Disposal Fund Licensing and Fees Rules (JLCAR Deadline March 23, 2020.) |
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(d) FP 2019-190 Postponed to |
Commissioner Fuel Oil
Discharge Cleanup Fees Rules (JLCAR
Deadline March 23, 2020.) |
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(e)
FP 2019-191 Postponed to |
Commissioner Automobile Oil Fee and Motor
Oil Discharge Cleanup Fund Rules (JLCAR Deadline March 23,
2020.) |
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(f)
EXRF 2020-1 Preliminary Objection |
Commissioner Form DSSP 311 for
Registration of Criminal Offenders (No JLCAR Deadline.) |
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(g) Discussion on the following emergency rule: |
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ER (Doc. #12982) No Further
Action |
Commissioner Exceptional
Disaster Relief Rules (Effective January 23, 2020. Scheduled to expire July
21, 2020.) |
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16. 11:15
a.m. PHARMACY BOARD |
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ROR 2019-74 Postponed to |
Inspections (JLCAR Deadline April 21, 2020.) (Response due March 2, 2020 but not yet filed.) |
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17. 11:30
a.m. Discussion on Petition Responses: |
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(a) Petition January 17, 2020
to the Department of Environmental Services relative to repeal of emergency
rule Postponed to Continued Meeting |
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(b) Petition January 17, 2020
to the Board of Accountancy relative to amending Ac 301.04 and Ac 301.05 on
initial certification and reciprocity to address JLCAR staff comments
regarding the authority under RSA 309-B of the National Association of State
Boards of Accountancy (NASBA). (Response not yet filed.) Postponed to Continued Meeting |
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OTHER BUSINESS |
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18. 11:45
a.m. |