JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
APRIL
15, 2005 - 9:00 a.m.
ROOMS 306/308 LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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Robert B. Flanders |
Betsey L. Patten, Vice
Chair |
Andre A. Martel |
Kathleen N. Taylor |
Robert J. Letourneau |
Janet G. Wall |
Iris W. Estabrook |
Elbert I. Bicknell |
Martha Fuller Clark |
Nelson S. Allan |
Robert E. Clegg, Jr.
(Alt.) |
Robert K. Dodge (Alt.) |
Bob Odell (Alt.) |
Sharon M. Carson (Alt.) |
Peter E. Bragdon (Alt.) |
Alida I. Millham (Alt.) |
Sylvia B. Larsen (Alt.) |
MaryAnn N. Blanchard
(Alt.) |
Lou D'Allesandro (Alt.) |
Maurice L. Pilotte (Alt.) |
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 |
10. 12:45 pm FP
2004-190 Puc |
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11. 1:00 pm LUNCH
BREAK |
Consent
Agenda |
12. 2:00 pm FP
2004-180 Ed |
2. 9:05 am Final
Proposals |
13. 3:30 pm FP
2004-194 Ath |
3. 9:10 am Objection
Responses |
14. 4:00 pm FP's
2004-197, 198 & 199 Env-Ws |
4. 9:15 am Preliminary
Objections |
& 2005-20 Env-Wm |
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15. 4:45 pm FP
2005-16 Saf-C |
Regular
Agenda |
16. 5:00 pm OR
2004-212 Ins |
5. 9:17 am Postpone
Items |
17. 5:30 pm Disc.
on emergency rules |
6. 9:20 am FP
2004-157 Ed |
18. 5:45 pm Disc.
on Saf-C petition |
7. 9:25 am FP
2005-23 Saf-C |
19. 6:00 pm Petition
Responses |
8. 9:30 am FP's
2004-210 & 211 & 2005-1 Env-Ws, |
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2005-4 & 5 Wt, OR
2004-181 Env-Ws, & INT 2005-6 Env-Wm |
Other Business 20. 6:45 pm Other |
9. 10:40 am FP
2004-213 & OR 2004-174 He-M |
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FP - Final Proposal
OR - Preliminary Objection
Response
ROR - Revised Objection
Response
ER - Emergency Rule
INT - Interim Rule
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. |
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CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals and Proposed Interim Rule: |
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(a) FP 2004-183 Approved |
BOARD
OF LICENSED DIETITIANS Explanation of Adopted Rules;
License Requirements; Continued Status and Ethical Standards (JLCAR Deadline May 13,
2005.) |
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(b) FP 2004-191 Approved |
GOVERNING
BOARD OF ATHLETIC TRAINERS Organizational
Rules (JLCAR Deadline May 9, 2005.) |
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(c) FP 2004-192 Approved |
GOVERNING
BOARD OF ATHLETIC TRAINERS Procedural
Rules (JLCAR Deadline May 9, 2005.) |
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(d) FP 2004-193 Approved |
GOVERNING
BOARD OF ATHLETIC TRAINERS Procedures for the Receipt of
Misconduct Complaints and the Conduct of Disciplinary Hearings; Settlements;
Explanation of Adopted Rules; Voluntary Surrender of License (JLCAR Deadline May 9, 2005.) |
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(e) FP 2004-206 Approved |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Division
of Air Resources Fuel Specifications for Air
Pollution Control (JLCAR Deadline May 5,
2005.) |
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(f) FP 2004-207 Approved |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Division of Air
Resources Fuel
Burning Devices (JLCAR Deadline May 16, 2005.) |
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(g) FP 2005-12 Approved |
DEPARTMENT
OF AGRICULTURE, MARKETS AND FOOD Rabies
Control (JLCAR Deadline May 16, 2005.) |
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(h) FP 2005-19 Approved |
DEPARTMENT
OF SAFETY Watercraft
Restrictions (JLCAR Deadline May 16, 2005.) |
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(i) FP 2005-21 Approved |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Redeterminations
and Interviews (JLCAR Deadline May 13, 2005.) |
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(j) FP 2005-22 Approved |
DEPARTMENT
OF SAFETY Bureau
of Title and Anti-Theft Rules (JLCAR Deadline May 16, 2005.) |
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(k) INT 2005-5 Approved |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Division
of Air Resources Clean
Air in State Buildings (JLCAR Deadline July 7, 2005. Regular rules will expire April 22, 2005.) |
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3. Committee Acceptance of Agency Responses to
Objections |
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(a) OR 2004-118 Accepted/Approved |
NATUROPATHIC
BOARD OF EXAMINERS Licensing
and Certification Requirements (Formerly Item 2(a) on 4-1-05 agenda.) (JLCAR Deadline April 26, 2005. A conditional approval had converted to an
objection pursuant to RSA 541-A:13, V(a).) |
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4. Committee Issuance of Preliminary or
Revised Objections to Final Proposals: |
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(Selected items) |
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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 2004-157 Conditional
Approval |
BOARD
OF EDUCATION Rules of Practice and Procedure (JLCAR Deadline April 15,
2005.) (Formerly Item 4(a) on
4-1-05 agenda.) |
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7. FP 2005-23 Conditional
Approval |
DEPARTMENT
OF SAFETY Various
Carnival Amusement Ride Rules (JLCAR Deadline May 16, 2005.) |
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8. DEPARTMENT OF ENVIRONMENTAL SERVICES (8(a) through 8(f) were formerly Items 5(a) through
5(f) on 4-1-05 agenda.) |
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(a) FP 2004-210 Approved |
Division
of Water Rivers
Management and Protection Program (JLCAR Deadline April 18, 2005.) |
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(b) FP 2004-211 Approved |
Division
of Water Shoreland
Protection Rules (JLCAR Deadline April 18, 2005.) |
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(c) FP 2005-1 Approved |
Division
of Water Certification
of Wastewater Treatment Plant Operators (JLCAR Deadline April 18, 2005.) |
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(d) FP 2005-4 Conditional
Approval |
Division
of Water Wetlands
Organization and Definitions (JLCAR Deadline April 18, 2005.) |
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(e) FP 2005-5 Conditional
Approval |
Division
of Water Wetlands
Rules (JLCAR Deadline April 18, 2005.) |
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(f) OR 2004-181 Accepted/Approved |
Division
of Water Standards
for the Pretreatment of Industrial Wastewater (JLCAR Deadline April 26, 2005.) |
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(g) INT 2005-6 Approved |
Division
of Waste Management Control
of Aboveground Petroleum Storage Facilities (JLCAR Deadline July 7, 2005. Regular rules will expire April 25, 2005.) |
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9. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2004-213 Objection |
Former
Division of Mental Health and Developmental Services Establishment
and Operation of Area Agencies (JLCAR Deadline May 5, 2005.) |
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(b) OR 2004-174 Accepted/Approved |
Former
Division of Mental Health and Developmental Services Day
Services (JLCAR Deadline May 10, 2005.) (Formerly Item 6 on 4-1-05 agenda.) |
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10. FP 2004-190 Objection |
PUBLIC
UTILITIES COMMISSION Rules
for Telephone Utility Service and Local Telecommunications Competition (JLCAR Deadline April 25,
2005.) |
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11. LUNCH BREAK |
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12. FP 2004-180 Postponed
to 5/6/05 Meeting |
BOARD
OF EDUCATION Standards
for School Approval (JLCAR Deadline May 16,
2005.) |
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13. FP 2004-194 Postponed
to 5/6/05 Meeting |
GOVERNING
BOARD OF ATHLETIC TRAINERS Requirements
for Licensure (JLCAR Deadline May 9,
2005.) |
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14. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2004-197 Postponed
to 5/6/05 Meeting |
Division
of Water Water
Conservation Rules (JLCAR Deadline May 16, 2005.) |
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(b) FP 2004-198 Postponed
to 5/6/05 Meeting |
Division
of Water Filtration,
Disinfection, Treatment Plant and Waste Recycling Rule (JLCAR Deadline May 16, 2005.) |
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(c) FP 2004-199 Postponed
to 5/6/05 Meeting |
Division
of Water Minor
Corrections and Clarification to NH Drinking Water Rules (JLCAR Deadline May 16, 2005.) |
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(d) FP 2005-20 Postponed
to 5/6/05 Meeting |
Division
of Water Control
of Aboveground Petroleum Storage Facilities (JLCAR Deadline May 16, 2005.) |
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15. FP 2005-16 Postponed
to 5/6/05 Meeting |
DEPARTMENT
OF SAFETY Road Toll
Administration Rules (JLCAR Deadline May 16, 2005.) |
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16. OR 2004-212 Postponed
to 5/6/05 Meeting |
INSURANCE
DEPARTMENT Ins
1905 Minimum Standards for Medicare Supplement Policies (JLCAR Deadline June 20, 2005.) |
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17. Discussion
on emergency rules. Postponed to 5/6/05 Meeting |
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(a) Department
of Resources and Economic Development Rules
for Forest Fire Service and Administrative Fines |
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(b) Department
of Safety Electrical Requirements for
Carnival Amusement Ride Rules |
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18. Discussion
on proposed rulemaking petition for the Department of Safety relative to
amending Saf-C 5203.04 on maximum rates for hazardous materials incident
response. (Formerly Item 7 on 4-1-05 agenda.) Postponed to 5/6/05 Meeting |
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19. Discussion
on responses to petitions: Postponed
to 5/6/05 Meeting |
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(a) Petition to the Department of Environmental
Services relative to Env-Ws 905 concerning standards for management of mercury-containing
amalgam. (Petition made October 28,
2004. See response dated December 10, 2004). (Formerly Item 8(a) on 4-1-05 agenda.) |
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(b) Petition to the Board of Education to undertake
a new rulemaking proceeding relative to standards for educational personnel
and approval of professional preparation programs in order to conform with
federal law regarding the use of Social Security Numbers. (Petition made November 19, 2004. See
response dated December 16, 2004). (Formerly Item 8(b) on 4-1-05 agenda.) |
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OTHER BUSINESS |
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20. Other |