JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 19, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Kathleen G. Sgambati (Alt.)

Alida I. Millham

Matthew S. Houde (Alt.)

Laurie J. Boyce (Alt.)

Betsi DeVries (Alt.)

Kathleen N. Taylor (Alt.)

Michael Downing (Alt.)

Kimberley S. Casey (Alt.)

Sharon M. Carson (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (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

  9.  10:30 am    FP 2009-13 Ed

 

10.  10:45 am    FP 2009-36 Cor

Consent Agenda

11.  11:00 am    FP 2009-38 Sw

2.    9:05 am    Final Proposals

12.  11:15 am    FP's 2008-263 & 2009-57 Saf-C

3.    9:10 am    Objection Responses

13.  12:00 pm    OR 2009-19 Env-Dw

4.    9:12 am    Preliminary Objections

14.  12:30 pm    LUNCH BREAK

 

15.    1:30 pm    FP's 2009-47 & 50 Home

Regular Agenda

16.    3:00 pm    FP's 2009-53, 54, 60, & 39 He-M

5.    9:13 am    Postpone Items

                        & 2009-59 He-P

6.    9:15 am    INT 2009-12 He-A

 

7.    9:30 am    FP's 2009-1, 40, 41, & 51 Ins

Other Business

8.  10:15 am    FP 2009-29 Gal

17.    5:30 pm    Other

 

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 2008-257

Approval

DEPARTMENT OF SAFETY

Electronic Toll Collection Hearings

(JLCAR Deadline July 10, 2009.)

 

 

(b)  FP 2009-35

Approval

DEPARTMENT OF CORRECTIONS

Practice and Procedure

(JLCAR Deadline July 6, 2009.)

 

 

(c)  FP 2009-37

Approval

DEPARTMENT OF CORRECTIONS

Offender Classification

(JLCAR Deadline July 6, 2009.)

 

 

(d)  FP 2009-42

Approval

INSURANCE DEPARTMENT

Claim Settlement for Property and Casualty Insurance

(JLCAR Deadline June 26, 2009.)

 

 

(e)  FP 2009-44

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Clean Lakes Program Amendments

(JLCAR Deadline July 20, 2009.)

 

 

(f)  FP 2009-45

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Hazardous Air Pollutants, Federal Standards Update

(JLCAR Deadline June 29, 2009.)

 

 

(g)  FP 2009-46

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Financial Assistance to Needy Families Standard of Need

(JLCAR Deadline June 29, 2009.)

 

 

(h)  FP 2009-48

Approval

BOARD OF HOME INSPECTORS

Rules Regarding Practice and Procedure

(JLCAR Deadline July 6, 2009.)

 

 

(i)  FP 2009-49

Approval

BOARD OF HOME INSPECTORS

Explanation After Adoption

(JLCAR Deadline July 6, 2009.)

 

 

(j)  FP 2009-55

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Reports Required

(JLCAR Deadline July 13, 2009.)

 

 

(k)  FP 2009-65

Approval

FISH AND GAME DEPARTMENT

Recreational Length Limit for Haddock

(JLCAR Deadline July 20, 2009.)

 

 

(l)  FP 2009-70

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Disbursement of Child Support Payments

(JLCAR Deadline July 20, 2009.)

 

 

(m)  INT 2009-13

Approval

REAL ESTATE COMMISSION

Programs of Study Accreditation and Re-accreditation

(JLCAR Deadline September 3, 2009.  Existing rule will expire June 29, 2009.)

 

 

(n)  INT 2009-14

Approval

FISH AND GAME DEPARTMENT

Fish and Game Boat Access Rules

(JLCAR Deadline September 10, 2009.  Former rules expired May 19, 2009.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

ROR 2008-221

Accepted/Approved

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

(JLCAR Deadline August 18, 2009.)

 

 

4.   Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

NOTE:

 

No proposals were conditionally approved by the Committee in its prior meeting on May 15, 2009.

 

The following final proposal filed for the June 19, 2009 meeting has been withdrawn.  No further Committee action is necessary.

 

FP 2009-66

FISH AND GAME DEPARTMENT

Wildlife Control Operator Annual Report Form; Fur Sealing Form

(JLCAR Deadline July 20, 2009.)

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   INT 2009-12

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs

(JLCAR Deadline September 3, 2009.  Most of the former rules expired May 23, 2009.  Remaining existing rules will expire November 20, 2009.)

 

 

7.   INSURANCE DEPARTMENT

 

 

(a)  FP 2009-1

Approval with Understanding

Uniform Reporting System for Health Care Claims Data Sets

(JLCAR Deadline June 22, 2009.)

 

 

(b)  FP 2009-40

Approval

Mortality Tables for Use in Determining Reserve Liabilities for Annuities

(JLCAR Deadline July 17, 2009.)

 

 

(c)  FP 2009-41

Conditional Approval

Third Party Administrators

(JLCAR Deadline June 22, 2009.)

 

 

(d)  FP 2009-51

Conditional Approval

Standard Wellness Plan Rate and Form Filing Standards

(JLCAR Deadline July 20, 2009.)

 

 

8.   FP 2009-29

Approval

GUARDIAN AD LITEM BOARD

Revisions of GAL Rules on Allegations of Misconduct, Certification Requirements, and Continued Status

(JLCAR Deadline June 25, 2009.)

 

 

9.   FP 2009-13

Approval

BOARD OF EDUCATION

English Language Arts and Social Studies for Middle and High School Certification and Teacher Preparation Programs

(JLCAR Deadline July 10, 2009.)

 

 

10. FP 2009-36

Conditional Approval

DEPARTMENT OF CORRECTIONS

Operation and Management of Correctional Department Activities

(JLCAR Deadline July 6, 2009.  Existing interim rule will expire August 3, 2009.)

 

 

11. FP 2009-38

Approval

N.H. LOTTERY COMMISSION

Rules of New Hampshire Powerball

(JLCAR Deadline July 10, 2009.)

 

 

12. DEPARTMENT OF SAFETY

 

(a)  FP 2008-263

Approval

Licensing of Private Detectives and Security Guard Rules

(JLCAR Deadline July 13, 2009.)

 

 

(b)  FP 2009-57

Approval

Administrative Fees Rules

(JLCAR Deadline July 13, 2009.)

 

 

13. OR 2009-19

Accepted/Approved

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Water Supply Land Protection Grant Program

(JLCAR Deadline July 21, 2009.)

 

 

14. LUNCH BREAK

 

 

15. BOARD OF HOME INSPECTORS

 

 

(a)  FP 2009-47

Postponed to 6/26/09 Continued Meeting

Organizational Rules

(JLCAR Deadline July 6, 2009.)

 

 

(b)  FP 2009-50

Postponed to 6/26/09 Continued Meeting

Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards and Standards of Conduct

(JLCAR Deadline July 6, 2009.)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-53

Postponed to 6/26/09 Continued Meeting

Former Division of Mental Health and Development Services

Clinical Records

(JLCAR Deadline July 20, 2009.)

 

 

(b)  FP 2009-54

Postponed to 6/26/09 Continued Meeting

Former Division of Mental Health and Development Services

Admissions to Glencliff Home

(JLCAR Deadline July 20, 2009.)

 

 

(c)  FP 2009-60

Postponed to 6/26/09 Continued Meeting

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline July 20, 2009.)

 

 

(d)  FP 2009-39

Postponed to 7/16/09 Regular Meeting

Former Division of Mental Health and Developmental Services

Medical and Psychiatric Emergencies.

(JLCAR Deadline July 20, 2009.)

 

 

(e)  FP 2009-59

Postponed to 7/16/09 Regular Meeting

Former Division of Public Health Services

Home Care Service Providers

(JLCAR Deadline July 20, 2009.)

 

 

OTHER BUSINESS

 

17. Other