JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 16, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

Spec Bowers (Alt.)

Lou D'Allesandro (Alt.)

David H. Kidder (Alt.)

James Forsythe (Alt.)

Tara A. Sad (Alt.)

Sylvia Larsen (Alt.)

Kathleen N. Taylor (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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 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


 

CONSENT AGENDA

 

2.   9:05 a.m.   Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2012-52

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Required Documents

(JLCAR Deadline August 27, 2012.)

 

 

(b)  FP 2012-63

Approval

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

Capacity Development Grants for Regional Development Corporations

(JLCAR Deadline August 20, 2012.)

 

 

(c)  FP 2012-67

Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Pre-Hearing Disclosure of Witnesses and Exhibits

(JLCAR Deadline August 27, 2012.)

 

 

(d)  FP 2012-68

Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Required Documents

(JLCAR Deadline August 27, 2012.)

 

 

(e)  FP 2012-73

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Charging for Benefits in Cases of Two or More Concurrent Employers

(JLCAR Deadline August 27, 2012.)

 

 

(f)  INT 2012-6

Approval

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Certification of Processors and Handlers of Organic Commodities

(JLCAR Deadline October 24, 2012.  Former rules expired February 10, 2012.)

 

 

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

 

(a)  FP 2012-69

Conditional Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Definitions, License Renewal, and License Reinstatement

(JLCAR Deadline August 27, 2012.)

 

 

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 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 July 19, 2012:

 

 

FP 2012-47

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Certification Seal Rules

(Response received 7-30-12 and confirmed 7-30-12.)

 

 

FP 2012-37

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Dating Prewrapped Sandwiches

(Response received 7-25-12 and confirmed 7-26-12.)

 

 

FP 2012-51

BOARD OF PODIATRY

Rules Regarding Explanation after Adoption of Rules, Educational and Continuing Educational Requirements for Licensure, Severance of Connection of Practice, Replacement of Wall Certificates, and Ethical Guidelines for Podiatrists

(Response not yet received.)

 

 

FP 2012-11

DEPARTMENT OF TRANSPORTATION

Driving While Impaired (DWI)

Victim Fatality Sign Program

(Response received 7-26-12 and confirmed 7-26-12.)

 

 

FP 2012-16

PHARMACY BOARD

Pharmacist Administration of Vaccines

(Response received 8-15-12 and confirmed 8-15-12.)

 

 

FP 2012-72

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Children Left at Hospitals and Safe Havens

(Response received 7-25-12 and confirmed 7-25-12.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2012-54

Conditional Approval

Division of Elderly and Adult Services

Adult Protective Services Program

(JLCAR Deadline August 16, 2012.)

(Formerly Item #12-b on 7-19-12 agenda.)

 

 

(b)  FP 2012-59

Approval

Former Division of Human Services

Expiring Rules Related to Electronic Funds Transfer and Paper Checks

(JLCAR Deadline August 16, 2012.)

(Formerly Item #12-d on 7-19-12 agenda.)

 

 

(c)  FP 2012-85

Preliminary Objection

Former Division of Public Health Services

Individual Home Care Service Providers

(JLCAR Deadline September 17, 2012.)

 

 

(d)  OR 2012-71*

Postponed to 9/20/12 Regular Meeting

Division of Elderly and Adult Services

Bureau of Elderly and Adult Services State Registry

(JLCAR Deadline October 24, 2012.)

*Response not yet received.

 

 

8.   10:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2012-20

Approval

Air Related Programs

Ambient Air Quality Standards

(JLCAR Deadline August 30, 2012.)

 

 

(b)  FP 2012-48

Conditional Approval

Air Related Programs

Statewide Air Permit System

(JLCAR Deadline September 17, 2012.)

 

 

9.   11:00 a.m. DEPARTMENT OF SAFETY

 

 

FP 2012-82

Approval

Driver Licensing Rules

(JLCAR Deadline September 10, 2012.)

 

 

10. 11:30 a.m. PHARMACY BOARD

 

 

(a)  FP 2012-60

Conditional Approval

Transmission of Prescription Drug Order by Prescriber

(JLCAR Deadline September 7, 2012.)

 

 

(b)  FP 2012-61

Preliminary Objection

Institutional Practices

(JLCAR Deadline September 7, 2012.)

 

 

11. 12:15 p.m. DEPARTMENT OF LABOR

 

 

OR 2011-161*

Postponed to 9/20/12 Regular Meeting

Employee Leasing Companies

(JLCAR Deadline October 24, 2012.)

*Response not yet received.

 

 

OTHER BUSINESS

12. 1:00 p.m.   Other

Rulemaking Petition to Police Standards and Training Council