JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
JULY 15, 2010 - 9:00 a.m.
MOVED
TO ROOM 100 STATE HOUSE*
*Room 103 State House is available as a work room for agencies.
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 |
Sharon M. Carson |
Alida I. Millham |
Kathleen G. Sgambati
(Alt.) |
Laurie J. Boyce (Alt.) |
Matthew S. Houde (Alt.) |
Kathleen N. Taylor (Alt.) |
Betsi DeVries (Alt.) |
Kimberley S. Casey (Alt.) |
|
Tara A. Sad (Alt.) |
Peter E. Bragdon (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 |
8. 9:45 am INT
2010-6 Env-Ws |
|
9. 10:00 am FP
2010-39, INT 2010-7, |
Consent
Agenda |
FP 2010-38, & ER
Saf-C |
2. 9:05 am Final
Proposals |
10. 11:00 am FP's 2010-54 & 17 Ban |
3. 9:10 am Objection
Responses |
11. 12:00 pm Disc. on Manual |
4. 9:12 am Preliminary
Objections |
12. 12:30 pm LUNCH BREAK |
|
13. 1:30 pm OR's 2008-165 & 166 Mhp - To be |
Regular
Agenda |
postponed |
5. 9:13 am Postpone
Items |
|
6. 9:15 am FP's
2010-26 He-C & 2010-59 He-W |
Other Business |
7. 9:30 am FP
2010-24 Nuh |
14 2:30 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. |
CONSENT
AGENDA |
|
|
|
2. Committee
Approval of Final Proposals: |
|
|
|
(a) FP 2010-48 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Drinking Water Programs Amendments Relating to
Proposed Env-Dw 720 Inspections; Significant Deficiencies (JLCAR Deadline August 16, 2010.) |
|
|
(b) FP 2010-49 Conditional Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Drinking Water Programs (JLCAR Deadline August 16, 2010.) See * below |
|
|
* The only issue with this final proposal is that
there is a concern regarding a potential violation of Part 1, Article 28-a of
the N.H. Constitution, but these rules appear to implement a pass-through of
federal requirements. |
|
|
|
3. Committee
Acceptance of Agency Responses to Objections: |
|
|
|
(a) ROR 2009-176 Approval |
LIQUOR COMMISSION (JLCAR Deadline September 7, 2010.) |
|
|
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 June 25, 2010: |
|
|
|
FP 2010-33 |
DEPARTMENT OF EMPLOYMENT
SECURITY Overpayment Without
Fault,; Waiting Week (Response
received 6-29-10 and confirmed 6-29-10.) |
|
|
FP 2010-35 |
DEPARTMENT OF EMPLOYMENT
SECURITY Termination of Employment (Response
received 6-29-10 and confirmed 6-29-10.) |
|
|
REGULAR
AGENDA |
|
|
|
5. Consider postponing action on certain items
to another meeting. |
|
|
|
6. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
|
|
|
(a) FP 2010-26 Objection |
Commissioner (JLCAR Deadline July 19, 2010.) (Formerly Item
9.(b) on 6-18-10 and 6-25-10 agendas.) |
|
|
(b) FP 2010-59 Conditional Approval |
Former Division of Human
Services Food Stamp Employment and
Training Program (JLCAR Deadline August 16, 2010.) |
|
|
7. FP 2010-24 Conditional Approval |
BOARD OF EXAMINERS
OF NURSING HOME ADMINISTRATORS (JLCAR Deadline August 2, 2010.) |
|
|
8. INT 2010-6 Approval |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Division of Water (JLCAR Deadline September 23, 2010. Most of the existing rules will expire
August 2, 2010.) |
|
|
9. DEPARTMENT
OF SAFETY |
|
|
|
(a) FP 2010-39 Approval with
Understanding |
Various Voluntary Certification
of Oil Heating Technicians Rules (JLCAR Deadline August 2, 2010.) |
|
|
(b) INT 2010-7 Approval with Understanding |
Interim Various DNA
Database Records Rules (JLCAR Deadline September 30, 2010. Existing rules will expire August 17,
2010.) |
|
|
(c) FP 2010-38 Conditional Approval |
Display Fireworks Rules (JLCAR Deadline August 16, 2010.) |
|
|
(d) Discussion on emergency rule effective July
1, 2010: No Further Action |
|
|
|
Doc. #9750 |
Saf-C 5017.02(a) Emergency Distance from Audience Firework
Rule |
|
|
10. BANKING DEPARTMENT |
|
|
|
(a) FP 2010-54 Approval |
Trust and Banking
Companies (JLCAR Deadline August 16, 2010.) |
|
|
(b) FP 2010-17 Conditional Approval |
Fidelity Coverage
Requirements (JLCAR Deadline August 16, 2010.) |
|
|
11. Discussion on status of amendments to Drafting
and Procedure Manual for Administrative Rules. |
|
|
|
12. LUNCH BREAK |
|
|
|
13. BOARD OF MENTAL HEALTH PRACTICE – Agency requests postponement to 8-19-10 Meeting |
|
|
|
(a) OR 2008-165 Postponed to 8/19/10
Regular Meeting |
Practice and Procedure
Rules (No JLCAR deadline, because agency's objection
response deadline was waived.) |
|
|
(b) OR 2008-166 Postponed to 8/19/10
Regular Meeting |
Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions,
Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's objection
response deadline was waived.) |
|
|
OTHER
BUSINESS |
|
14. Other |
|