JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

May 21, 2021 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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, Remote Meeting Script, Roll Call, 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 Revisions to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

 

 

2.   9:05 a.m.   Committee Approval of Final Proposal, Proposed Interim Rule, and Proposed Expedited Revisions to Form:

 

 

 

(a)  FP 2021-12

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Standards Applicable to Certain New or Modified

Facilities and Sources of Hazardous Air Pollutants

(JLCAR Deadline June 21, 2021.)

 

 

(b)  INT 2021-1

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Registration of Legally Existing

Docking Structures in Non-Tidal Waters

(JLCAR Deadline July 21, 2021.)

 

 

(c)  EXRF 2021-6

Approval

DEPARTMENT OF SAFETY

Commissioner

New Hampshire Bureau of EMS

Provider License Application

(No JLCAR Deadline.)

 

 

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

 

 

 

(a)  FP 2021-21

Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Permits for Hospital Emergency Lights

(JLCAR Deadline June 14, 2021.)

 

 

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 is whether there is an agency response 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 December 17, 2020:

 

 

 

FP 2020-78

BOARD OF MENTAL HEALTH PRACTICE

Ethical and Professional Standards, Responsibilities of Licensees

(Response not yet received.)

 

 

Conditionally Approved April 16, 2021:

 

 

FP 2020-100

BOARD OF EDUCATION

Chartered Public Schools

(Response received May 19, 2021 and confirmed May 19, 2021.)

 

 

FP 2020-108

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Psychiatric Residential Treatment Program

(Response received April 19, 2021 and confirmed April 20, 2021.)

 

 

FP 2021-4

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Active in the Profession and Application Process

(Response not yet received.)

 

 

FP 2021-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Method of Issuance

(Response received April 19, 2021 and confirmed April 20, 2021.)

 

 

REGULAR AGENDA

 

 

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

 

 

7.   9:20 a.m.   DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2021-3

Approval

Cost of Care

(JLCAR Deadline June 7, 2021.)

 

 

8.   9:25 a.m.   HOUSING APPEALS BOARD

 

 

(a)  FP 2021-19

Preliminary Objection

Housing Appeals Board Organizational Rules and

Rules of Procedure

(JLCAR Deadline June 7, 2021.)

 

 

(b)  FP 2021-20

Preliminary Objection

Housing Appeals Board Rules on Fees

(JLCAR Deadline June 7, 2021.)

 

 

9.   9:30 a.m.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2020-106

Conditional Approval

Commissioner

Therapeutic Cannabis Program—Registry Rules

(JLCAR Deadline June 21, 2021.)

 

 

(b)  Discussion on the following emergency rule:

 

 

ER Doc. #13206

No Further Action

Former Division of Public Health Services

Rules for Hospitals

(Effective May 14, 2021.  Scheduled to expire November 10, 2021.)

 

 

10. 9:45 a.m.   REAL ESTATE APPRAISER BOARD

 

FP 2020-103

Approval

Appraiser Qualification Criteria, Educational

Requirements for Certification/Licensure

(JLCAR Deadline June 7, 2021.)

 

 

11. 9:50 a.m.   BOARD OF MEDICINE

 

 

FP 2021-8

Postponed to 6/18/21 Regular Meeting

Physician Assistants

(JLCAR Deadline June 29, 2021.)

 

 

12.  10:00 a.m.  N. H. PHARMACY BOARD

 

 

OR 2020-53

Revised Objection

Mail Order/Nonresident Pharmacies

(JLCAR Deadline July 21, 2021.)

 

 

13.  10:15 a.m.  FISH AND GAME DEPARTMENT

 

 

FP 2021-22

Conditional Approval

Wildlife Seasons Biennial Rulemaking

(JLCAR Deadline June 29, 2021.)

 

 

OTHER BUSINESS

 

14. 10:45 a.m.