JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 20, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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:

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.

 

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

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2017-145
Approval

LOTTERY COMMISSION

Repeal of Racing Rules

(JLCAR Deadline April 30, 2018.)

 

 

(b)  FP 2018-8
Approval

BOARD OF MENTAL HEALTH PRACTICE

Application Process for Those Licensed in Another State

(JLCAR Deadline May 14, 2018.)

 

 

(c)  FP 2018-16
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline May 18, 2018.  Former interim rules expired March 22, 2018.)

 

 

(d)  FP 2018-18
Approval

DEPARTMENT OF SAFETY

Commissioner

Various Sexual Offender/Offender Against Children Registration Rules

(JLCAR Deadline May 21, 2018.)

 

 

(e)  FP 2018-19
Approval

DEPARTMENT OF SAFETY

Commissioner

Preliminary Breath Test Devices Rules

(JLCAR Deadline May 3, 2018.)

 

 

(f)  FP 2018-34
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Admissions to Glencliff Home

(JLCAR Deadline May 14, 2018.  Existing interim rule will expired April 22, 2018.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(No Items)

 

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5.   9:16 a.m.    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 not previously reported 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 16, 2018:

 

 

FP 2017-119

BOARD OF LICENSING FOR ALCOHOL AND DRUG USE PROFESSIONALS

Ongoing Requirements; Ethical Standards

(Response received March 29, 2018 and confirmed March 30, 2018.)

 

 

FP 2017-140

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Large Groundwater Withdrawals

(Response received March 19, 2018 and confirmed March 19, 2018.)

 

 

FP 2017-147

BOARD OF EDUCATION

Alternative Education and Career and Technical Education

(Response received April 12, 2018 and confirmed April 12, 2018.)

 

 

FP 2017-148

DEPARTMENT OF SAFETY

Commissioner

Driver Education Rules

(Response received April 2 and April 4, 2018 and confirmed April 4, 2018.)

 

 

FP 2017-176

DEPARTMENT OF CORRECTIONS

Standards of Operation, Management and Administration of State Correctional Facilities

(Response received March 21, 2018 and confirmed March 22, 2018.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2017-159
Approval

Drinking Water Programs

Groundwater Monitoring and Treatment

(JLCAR Deadline April 20, 2018.)

 

 

8.   9:25 a.m.    LOTTERY COMMISSION

 

 

FP 2017-146
Conditional Approval

Live and Simulcast Racing

(JLCAR Deadline April 30, 2018.)

 

 

9.   9:30 a.m.    BOARD OF NURSING

 

 

FP 2017-182
Conditional Approval

Meetings; Quorum; Committees

(JLCAR Deadline April 23, 2018.)

 

 

10. 9:40 a.m.    INSURANCE DEPARTMENT

 

 

FP 2017-166
Approval

Annuity Disclosure

(JLCAR Deadline May 14, 2018.  Former rules expired February 16, 2009.)

 

 

11. 9:50 a.m.    BOARD OF EDUCATION

 

 

FP 2018-2
Approval

Specialist in Assessment of Intellectual Functioning

(JLCAR Deadline May 7, 2018.)

 

 

12. 10:00 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2018-29
Conditional Approval

Commissioner

Monitoring of License-Exempt Facilities, and Family and Friends Child Care Providers Accepting Child Care Scholarship

(JLCAR Deadline May 21, 2018.)

 

 

 

(b)  EXRF 2018-1
Preliminary Objection

Commissioner

Expedited Revision to Form 1715 “Foster Care/Adoption Application”

(No JLCAR Deadline.)

 

 

13. 10:15 a.m.  DEPARTMENT OF SAFETY

 

 

(a)  FP 2018-5
Approval

Commissioner

Various Road Toll Administration Rules

(JLCAR Deadline May 21, 2018.  Most rules expired June 30, 2017 as interim rules.)

 

 

(b)  FP 2018-13
Approval

Commissioner

Hazardous Material Transportation Rules

(JLCAR Deadline May 21, 2018.  Former interim rules expired February 27, 2018.)

 

 

(c)  FP 2018-17
Conditional Approval

Commissioner

Alcohol and Controlled Drug Rules

(JLCAR Deadline June 4, 2018.)

 

 

(d)  FP 2018-24
Conditional Approval

Commissioner

Opioid Grant Rules

(JLCAR Deadline May 21, 2018.)

 

 

OTHER BUSINESS

14. 10:45 a.m.