JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 19, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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

10.  10:30 am    Disc. on FP 2007-55 Puc

 

11.  10:50 am    Disc. on FP 2007-63 Saf-C

Consent Agenda

12.  11:20 am    FP 2007-78 He-P & OR 2007-29 He-P

2.    9:05 am    Final Proposals

13.  12:00 pm    OR 2007-19 Ahp

3.    9:10 am    Objection Responses

14.  12:15 pm    LUNCH BREAK

4.    9:12 am    Preliminary Objections

 

 

Other Business

Regular Agenda

15.    1:15 pm    Other

5.    9:13 am    Postpone Items

 

6.    9:15 am    FP 2007-36 Ins

 

7.    9:20 am    FP 2007-71 Den

 

8.    9:45 am    FP 2007-41 Env-Wq

 

9.  10:15 am    FP 2007-74 Emp

 

 

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule


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:

 

 

(a)  FP 2007-14

Approval

 

BOARD OF CHIROPRACTIC EXAMINERS

Officers

(JLCAR Deadline July 23, 2007.)

 

 

(b)  FP 2007-16

Approval

 

PEASE DEVELOPMENT AUTHORITY

State Owned Commercial Piers and Associated Facilities

(JLCAR Deadline August 10, 2007.)

 

 

(c)  FP 2007-39

Approval

 

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Re-examinations, Fees, and Disciplinary Matters

(JLCAR Deadline August 13, 2007.)

 

 

(d)  FP 2007-69

Approval

 

INSURANCE DEPARTMENT

Actuaries

(JLCAR Deadline July 30, 2007.)

 

 

(e)  FP 2007-72

Approval

 

BOARD OF DENTAL EXAMINERS

Clarification of Existing Rules and General Housekeeping Issues

(JLCAR Deadline August 6, 2007.)

 

 

(f)  FP 2007-75

Approval

 

DEPARTMENT OF EMPLOYMENT SECURITY

Employer Requirements, Administration and Claimant Requirements

(JLCAR Deadline August 20, 2007.)

 

 

(g)  FP 2007-76

Approval

 

DEPARTMENT OF EMPLOYMENT SECURITY

Application of Wages

(JLCAR Deadline August 20, 2007.)

 

 

(h)  FP 2007-77

Approval

 

DEPARTMENT OF EMPLOYMENT SECURITY

Leaving Employment Necessary Due to Domestic Abuse

(JLCAR Deadline August 20, 2007.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

NOTE:  The following final proposal has been withdrawn in response to the Committee's preliminary objection on June 1, 2007.  No further Committee action is required.

 

 

OR 2007-40

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)

 

 

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 dates of receipt of 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.

 

Conditionally Approved May 18, 2007:

 

FP 2007-2

DEPARTMENT OF JUSTICE

 

Office of the Chief Medical Examiner

(Response received 6-14-07 and confirmed 6-19-07.)

 

Conditionally Approved June 1, 2007:

 

 

FP 2007-33

PARI-MUTUEL COMMISSION

Duties of Licensees

(Response received 6-13-07 and confirmed 6-14-07.)

 

 

Conditionally Approved June 15, 2007:

 

 

FP 2007-11

DEPARTMENT OF TRANSPORTATION

State Bridge Aid

(Response received 6-21-07 and confirmed 6-21-07.)

 

 

FP 2007-12

DEPARTMENT OF TRANSPORTATION

State Highway Aid

(Response received 6-21-07 and confirmed 6-21-07.)

 

 

FP 2007-37

INSURANCE DEPARTMENT

Hazardous Financial Conditions, Licensed Companies

(Response received 6-19-07 and confirmed 6-20-07.)

 

 

Conditionally Approved June 29, 2007:

 

 

FP 2006-202

GUARDIAN AD LITEM BOARD

Amendments to Certification Requirements and Fees; Renewal of Certification, Sanctions, Continuing Education and Ongoing Requirements

(Response received 7-13-07 and confirmed 7-13-07 .)

 

 

FP 2007-43

INSURANCE DEPARTMENT

Property and Casualty Rate and Supplementary Information Filings

(Response received 7-3-07 and confirmed 7-5-07.)

 

 

FP 2007-35

INSURANCE DEPARTMENT

Producers and Adjusters

(Response received 7-3-07 and confirmed 7-5-07.)

 

 

FP 2007-38

INSURANCE DEPARTMENT

Fiduciary Obligation of Producers

(Response received 7-3-07 and confirmed 7-5-07.)

 

 

FP 2007-47

FISH AND GAME DEPARTMENT

Wildlife Rules for 2007/2008

(Response received 7-3-07 and confirmed 7-5-07.)

 

 

REGULAR AGENDA

 

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

 

 

6.   FP 2007-36

Postponed to 8/16/07 Reguarl Meeting

INSURANCE DEPARTMENT

Continuing Care Retirement Communities

(JLCAR Deadline August 6, 2007.)

 

 

7.   FP 2007-71

Approval with Recommendation

 

BOARD OF DENTAL EXAMINERS

Definition of Moral Turpitude

(JLCAR Deadline August 6, 2007.)

 

 

8.   FP 2007-41

Approval

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Groundwater Discharge Permits and Registrations

(JLCAR Deadline August 17, 2007.  Existing interim rules will expire August 24, 2007.)

 

 

9.   FP 2007-74

Approval

 

DEPARTMENT OF EMPLOYMENT SECURITY

Notice of Employment; Trade, Business, and Workforce Transfer Report; Computation Date and Tax Rate in Event of Successorship; Transfers of Experience and Assignment of Rates

(JLCAR Deadline August 20, 2007.)

 

 

 

Discussion Item:

10. FP 2007-55

Conditional Approval

 

PUBLIC UTILITIES COMMISSION

NH Code for Energy Conservation in New Building Construction

(JLCAR Deadline August 20, 2007.  Final Proposal subject to JLCAR vote only if the 14-day Final Proposal filing deadline under RSA 541-A:12, I is waived pursuant to RSA 541-A:40, IV.  Existing interim rules will expire August 1, 2007.)

 

 

 

Discussion Item:

11. FP 2007-63

 

DEPARTMENT OF SAFETY

Commissioner

Licensing of Fuel Gas Fitters

(JLCAR Deadline August 20, 2007.  Final Proposal subject to JLCAR vote only if the 14-day Final Proposal filing deadline under RSA 541-A:12, I is waived pursuant to RSA 541-A:40, IV.)

 

 

12. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2007-78

 

Former Division of Public Health Services

Requirements for the Control of Radiation and Use of Radioactive Material

(JLCAR Deadline August 20, 2007.  Existing interim rules will expire July 31, 2007.)

 

 

(b)  OR 2007-29

 

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline August 30, 2007.)

 

 

13. OR 2007-19

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(JLCAR Deadline August 30, 2007.)

 

 

14. LUNCH BREAK

 

 

OTHER BUSINESS

 

15. Other