JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

APRIL 15, 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
Fenton Groen	Carol M. McGuire
Molly Kelly	Andrew J. Manuse
Gary Lambert	Maurice L. Pilotte
	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 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. 10:15 am INT's 2011-6 & 8 Env-A
	FP 2011-2 Env-Wq
Consent Agenda	10. 10:45 am FP 2011-11 Fis
2. 9:05 am Final Proposals	11. 1:00 pm LUNCH BREAK
3. 9:10 am Objection Responses	12. 2:00 pm FP 2011-13 He-W
4. 9:12 am Preliminary Objections	13. 2:30 pm FP 2011-15 Rev
	14. 3:00 pm INT 2011-9 Int
Regular Agenda	15. 3:15 pm FP 2011-14 Frl
5. 9:13 am Postpone Items	16. 3:45 pm FP 2010-154 Liq
6. 9:15 am FP 2010-152 Puc
7. 9:30 am INT 2011-12 Juv	Other Business
8. 9:45 am FP's 2010-123, 124, & 125 Odb	17. 4:30 pm

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. Otherwise, agency cannot adopt the interim rule.

CONSENT AGENDA
2. Committee Approval of Final Proposals and Proposed Interim Rules:
(a) FP 2011-1 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Prevention, Abatement, and Control of Open Source Air Pollution (JLCAR Deadline April 28, 2011.)
(b) FP 2011-6 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Amendments to Certification of Water Works Operators Rule (JLCAR Deadline May 9, 2011.)
(c) FP 2011-9 Approval	INSURANCE DEPARTMENT Privacy of Consumer Financial and Health Information (JLCAR Deadline April 29, 2011.)
(d) FP 2011-12 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Permit Fee System (JLCAR Deadline May 2, 2011. Existing rules will expire April 26, 2011.)
(e) FP 2011-16 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Medicaid Enhancement Tax (MET) (JLCAR Deadline May 16, 2011.)
(f) FP 2011-18 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Payments to Non-Public Disproportionate Share Hospitals and Uncompensated Care Fund Reporting (JLCAR Deadline May 16, 2011. Existing rules will expire May 18, 2011.)
(g) FP 2011-19 Approval	DEPARTMENT OF SAFETY Various Bureau of Electrical Safety and Licensing Rules (JLCAR Deadline May 16, 2011.)
(h) INT 2011-7 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Permit Application Forms (JLCAR Deadline June 30, 2011. Existing rules will expire May 3, 2011.)
(i) INT 2011-10 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Physician Services (JLCAR Deadline July 7, 2011. Existing rules will expire May 21, 2011.)
(j) INT 2011-11 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Adult Medical Day Care Services (JLCAR Deadline July 7, 2011. Existing rules will expire May 1, 2011.)
3. Committee Acceptance of Agency Responses to Objections: NOTE: The following proposal has been withdrawn by the agency in response to the Committee's preliminary objection. No further Committee action is required:
FP 2010-153	DEPARTMENT OF SAFETY Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules
4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:
(No Items)
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.
Conditionally Approved March 18, 2011:
FP 2010-143	PESTICIDE CONTROL BOARD Supervisory-Level Certificate Eligibility for Commercial For-Hire Pesticide Applicators and Establishment of a Maximum Number of Educational Credits Required for Commercial Applicator Re-certification (Response not received yet.)
INT 2011-14	PUBLIC UTILITIES COMMISSION Organizational Rules and Rules of Practice and Procedure (Response received 3-23-11 and confirmed 3-23-11.)
FP 2010-156	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Certified Other Qualified Agencies (Response received 3-24-11 and confirmed 3-25-11.)
FP 2010-149	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Elderly and Adult Services Nursing Facility Services (Response received 3-18-11 and confirmed 3-18-11.)
FP 2011-7	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Child Placing Agency Licensing Requirements (Response received 3-21-11 and confirmed 3-22-11.)
FP 2011-8	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Certification of Adult Family Care Residences (Response received 3-22-11 and confirmed 3-23-11.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. FP 2010-152 Conditional Approval	PUBLIC UTILITIES COMMISSION Affiliate Transactions Rules (No JLCAR Deadline. Deadline has been waived.) (Formerly Item #9(a) on 3-18-11 agenda.)
7. INT 2011-12 Approval	JUVENILE PAROLE BOARD Juvenile Parole Board: Explanation, Parole Process, Revocation of Parole (JLCAR Deadline July 7, 2011. The former rules expired March 6, 2011.)
8. OIL FUND DISBURSEMENT BOARD
(a) FP 2010-123 Approval	Information Management (JLCAR Deadline April 25, 2011.)
(b) FP 2010-124 Approval	Retention of Records; Import Fee Waivers (JLCAR Deadline April 25, 2011.)
(c) FP 2010-125 Conditional Approval	Rules for Reimbursement (JLCAR Deadline April 25, 2011.)
9. DEPARTMENT OF ENVIRONMENTAL SERVICES
(a) INT 2011-6 Approval	Air Related Programs Statewide Permit System (JLCAR Deadline June 30, 2011. Existing rules will expire April 26, 2011.)
(b) INT 2011-8 Approval	Air Related Programs Multiple Pollutant Annual Budget Trading and Banking Program (JLCAR Deadline June 30, 2011. Existing rules will expire May 13, 2011.)
(c) FP 2011-2 Approval	Water Quality and Quantity Programs Subdivision and Individual Sewage Disposal System Design Rules--Amendments (JLCAR Deadline May 13, 2011.)
10. FP 2011-11 Preliminary Objection	FISH AND GAME DEPARTMENT Moose Lottery and Bear Guide Permit Allocation (JLCAR Deadline May 16, 2011.)
11. LUNCH BREAK
12. FP 2011-13 Postponed to 5/6/11 Continued Meeting	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Child Support Disbursement Fee (JLCAR Deadline May 16, 2011.)
13. FP 2011-15 Postponed to 5/6/11 Continued Meeting	DEPARTMENT OF REVENUE ADMINISTRATION Excavation Tax (JLCAR Deadline May 9, 2011.)
14. INT 2011-9 Postponed to 5/6/11 Continued Meeting	BOARD OF LICENSING FOR INTERPRETERS OF THE DEAF AND HARD OF HEARING Licensing Rules for the Deaf and Hard of Hearing Interpreters (JLCAR Deadline June 30, 2011. Many of the existing rules expired March 12, 2011.)
15. FP 2011-14 Postponed to 5/6/11 Continued Meeting	BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS Practice and Procedure (JLCAR Deadline May 16, 2011. Former interim rules expired March 21, 2011.)
16. FP 2010-154 Postponed to 5/6/11 Continued Meeting	LIQUOR COMMISSION Rules for Direct Shipment into NH (JLCAR Deadline May 16, 2011.)
OTHER BUSINESS 17. Other