JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
FEBRUARY 4, 2011 - 9:00 a.m.
ROOMS 305/307
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
Amanda Merrill, Vice-Chair |
Betsey L. Patten, Chair |
Tom De Blois |
Carol M. McGuire |
Fenton Groen |
Andrew J. Manuse |
Molly Kelly |
Maurice L. Pilotte |
Gary Lambert |
Peter B. Schmidt |
Sharon Carson (Alt.) |
David H. Kidder (Alt.) |
Lou D'Allesandro (Alt.) |
Tara A. Sad (Alt.) |
James Forsythe (Alt.) |
Kathleen N. Taylor (Alt.) |
Sylvia Larsen (Alt.) |
Stella Tremblay (Alt.) |
Nancy Stiles (Alt.) |
Steven J. Winter (Alt.) |
THE NUMBERS
ON THE AGENDA ITEMS, EXCEPT FOR ITEMS #3(o), #3(p), #9, AND #11, ARE THE same as for the
regular meeting ON january 21, 2011, which had been cancelled.
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
& Review Minutes |
9.
9:40 am INT 2011-2 Env-A |
2. 9:05 am Amend
Proposed Meeting Schedule |
8.
10:00 am INT 2010-19 He-E,
INT 2011-1 He-A, |
for 2011 |
& FP's 2010-146
& 150 He-W |
|
10. 12:00 pm LUNCH
BREAK |
Consent
Agenda |
|
3. 9:10 am Final
Proposals & Proposed Interim Rule |
Other Business |
4. 9:15 am Objection Responses |
11. 1:00 pm Other |
5. 9:16 am Preliminary Objections |
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|
Regular
Agenda |
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6. 9:17 am Postpone Items |
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7. 9:20 am FP's 2010-134 & 135 Lab |
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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: |
|
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. |
2. Amend Proposed Meeting Schedule
for 2011
CONSENT
AGENDA |
|
|
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3. Committee
Approval of Final Proposals: |
|
|
|
(a) FP 2010-90 Approval |
GOVERNING BOARD OF ATHLETIC TRAINERS Clarification of Physician and Definition of
Direction of a Physician (JLCAR
Deadline February 22, 2011.) |
|
|
(b) FP 2010-103 Automatic Approval |
BOARD OF ARCHITECTS Rules Regarding the Definition of
"Architect Retired" (JLCAR Deadline
January 21, 2011. Automatically
approved. No further Committee action
necessary.) |
|
|
(c) FP 2010-104 Automatic Approval |
BOARD OF ARCHITECTS Rules Regarding the Fee for Retired Status,
Licensed Architect Seal/Stamp and Reinstatement (JLCAR Deadline
January 21, 2011. Automatically
approved. No further Committee action
necessary.) |
|
|
(d) FP 2010-116 Approval |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Code of Ethics (JLCAR Deadline February 10, 2011.) |
|
|
(e) FP 2010-122 Approval |
RACING AND CHARITABLE GAMING COMMISSION Submission, Review and Approval
of Games of Chance Procedures (JLCAR Deadline February 22, 2011) |
|
|
(f) FP 2010-131 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Rights Protection Procedures for Developmental
Services (JLCAR
Deadline February 22, 2011.) |
|
|
(g) FP 2010-136 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Federal Standards Annual
Update (JLCAR
Deadline February 7, 2011.) |
|
|
(h) FP 2010-137 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Programs Regulated Toxic Air Pollutants (JLCAR
Deadline February 7, 2011.) |
|
|
(i)
FP 2010-138 Approval |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS Reinstatement
of Licensure (JLCAR Deadline February 22, 2011.) |
|
|
(j) FP 2010-139 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Division of Water Control of Lead and Copper - Repeal (JLCAR
Deadline February 22, 2011.) |
|
|
(k) FP 2010-140 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Control of Lead and Copper (JLCAR
Deadline February 22, 2011.) |
|
|
(l) FP 2010-141 Approval |
FISH AND GAME DEPARTMENT Clarification to Certain Furbearer Rules; Amend Lists
Relative to Importation and Possession of Certain Wildlife; and Readopting
Wildlife Rehabilitation Rules (JLCAR
Deadline February 22, 2011.) |
|
|
(m)
FP 2010-144 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Medical
Assistance for Children with Severe Disabilities (JLCAR
Deadline February 22, 2011.) |
|
|
(n) FP 2010-145 Approval |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Medical Services Clinics (JLCAR
Deadline February 22, 2011.) |
|
|
(o)
FP 2010-109 Approval |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Jurisprudence
Examination (JLCAR Deadline March 7, 2011.) |
|
|
(p)
FP 2010-110 Approval |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Ethical
Standards (JLCAR Deadline March 7, 2011.) |
|
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4. Committee
Acceptance of Agency Responses to Objections: |
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(No
Items) |
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5. 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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|
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Conditionally Approved January 7, 2011: |
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FP
2010-93 |
PEASE
DEVELOPMENT AUTHORITY Port
Captains, Pilots, and Pilotage (Response
received 1-24-11 and confirmed 1-24-11.) |
|
|
FP
2010-132 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Rights
Protection Procedures (Response
received 1-11-11 and confirmed 1-11-11.) |
|
|
FP 2010-102 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services NH Nursing Home Rules (Response
received 1-13-11 and confirmed 1-14-11.) |
|
|
FP
2010-130 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Social
Service Block Grant (Title XX) (Response
received 1-11-11 and confirmed 1-11-11.) |
|
|
FP 2010-107 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of
Public Health Services Sanitary Production and Distribution of Food (Response
received 1-14-11 and confirmed 1-18-11.) |
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REGULAR
AGENDA |
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6. Consider
postponing action on certain items to another meeting. |
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7. DEPARTMENT
OF LABOR |
|
|
|
(a) FP 2010-134 Conditional Approval |
Compensation Appeals Board Hearing Rules (JLCAR
Deadline February 18, 2011.) |
|
|
(b) FP 2010-135 Conditional Approval |
Regulation of Third Party Administrators (JLCAR
Deadline February 18, 2011.) |
|
|
9. INT
2011-2 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Prevention, Abatement and Control of Open
Source Air Pollution (JLCAR
Deadline April 28, 2011. Existing
rules will expire March 12, 2011.) |
|
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8. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
|
|
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(a) INT 2010-19 Approval |
Division of Elderly and Adult Services Home and Community-Based Care for the Elderly and
Chronically Ill (HCBC-ECI) (JLCAR
Deadline March 23, 2011. Existing
rules will expire February 8, 2011.) |
|
|
(b) INT 2011-1 Conditional Approval |
Former Office of Alcohol and Drug Abuse Prevention Access to Recovery Program (JLCAR
Deadline April 14, 2011. Interim rule
designed to conform to federal law 42 U.S.C. 290aa(d)(5) and 290bb-2 by
January 28, 2011.) |
|
|
(c) FP 2010-146 Approval |
Former Division of Human Services Hospice Services – Waiver of Rights (JLCAR
Deadline February 22, 2011.) |
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(d) FP 2010-150 Preliminary Objection |
Former Division of Human Services Service Limits – Caps and Exemptions (JLCAR
Deadline February 22, 2011.) |
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10. LUNCH
BREAK |
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OTHER
BUSINESS |
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11. Other |
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