JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 20, 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.  11:15 am    FP 2009-93 Nur

 

10.  11:30 am    FP's 2009-62 & 63 Tax

Consent Agenda

11.  11:45 am    INT 2009-16 & FP 2009-83 Fis

2.    9:05 am    Final Proposals

12.  12:15 pm    FP's 2009-82, 77, & 86 Saf-C

3.    9:10 am    Objection Responses

13.    1:00 pm    LUNCH BREAK

4.    9:12 am    Preliminary Objections

14.    2:00 pm    FP 2009-87 Opt

 

15.    2:15 pm    FP's 2009-17 & 18 Csp

Regular Agenda

16.    2:45 pm    FP 2008-185 Jus

5.    9:13 am    Postpone Items

17.    3:15 pm    OR's from 7-16-09 Meeting

6.    9:15 am    INT 2009-17 & FP 2009-52 Env-Wq

 

7.    9:40 am    FP's 2009-60 He-M & 2009-90 He-W

Other Business

8.  10:15 am    FP 2009-79 Puc

18.    3:30 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:

 

 

(a)  FP 2009-16

Approval

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

Organizational Statements of the College Tuition Savings Plan Advisory Commission

(JLCAR Deadline September 10, 2009.)

 

 

(b)  FP 2009-24

Approval

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fee Increase

(JLCAR Deadline September 14, 2009.)

 

 

(c)  FP 2009-61

Approval

BOARD OF TAX AND LAND APPEALS

Definition of Costs for the Board of Tax and Land Appeals

(JLCAR Deadline September 11, 2009.)

 

 

(d)  FP 2009-72

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Request for Board's Approval for Reasonable Accommodation

(JLCAR Deadline August 31, 2009.)

 

 

(e)  FP 2009-80

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Revocation, Suspension, and Other Sanctions

(JLCAR Deadline September 18, 2009.)

 

 

(f)  FP 2009-81

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Special Certifications, Documentation of Receipt of Special Certifications

(JLCAR Deadline September 18, 2009.)

 

 

(g)  FP 2009-92

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Breast and Cervical Cancer Program

(JLCAR Deadline September 14, 2009.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

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 July 16, 2009:

 

FP 2009-59

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Care Service Providers

(Response received 7-17-09 and confirmed 7-20-09.)

 

 

FP 2009-28

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Renewal, Continuing Education, Reinstatement, Ongoing Requirements

(Response not received yet.)

 

 

FP 2009-56

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax

(Response received 7-21-09 and confirmed 7-21-09.)

 

FP 2009-67

REAL ESTATE COMMISSION

Programs of Study Accreditation and Re-accreditation

(Response received 7-21-09 and confirmed 7-21-09.)

 

 

REGULAR AGENDA

 

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

 

 

6.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  INT 2009-17

Approval

Water Quality and Quantity Programs

Tidal Rivers Amendments

(JLCAR Deadline November 5, 2009.  Rule implements 2009, 201:17 (HB 102), effective July 15, 2009.)

 

 

(b)  FP 2009-52

Approval with Recommendation

Water Quality and Quantity Programs

Clean Water State Revolving Loan Fund Amendments

(JLCAR Deadline September 8, 2009. Existing interim rule will  expire August 28, 2009.)

 

 

7.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-60

Conditional Approval

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline August 20, 2009.)

(Formerly Item 16(c) on 6-19-09 and 6-26-09 agendas and Item 6(b) on 7-16-09 agenda.)

 

 

(b)  FP 2009-90

Conditional Approval

 

Former Division of Human Services

Expiring Rules Related to New Hampshire Employment Program Work Exemptions, and the Treatment of Resources, Utility Expenses, & Self-employment Income in the Food Stamp Program

(JLCAR Deadline September 21, 2009.)

 

 

8.   FP 2009-79

Postponed to 9/3/09 Continued Meeting

PUBLIC UTILITIES COMMISSION

Utility Pole Attachments

(JLCAR Deadline August 31, 2009.)

 

 

9.   FP 2009-93

Approval with Recommendation

BOARD OF NURSING

Licensure Renewal and Reinstatement of All Licensees

(JLCAR Deadline September 10, 2009.)

 

 

10. BOARD OF TAX AND LAND APPEALS

 

 

(a)  FP 2009-62

Postponed to 9/3/09 Continued Meeting

Procedural Rules for Specific Types of Appeals

(JLCAR Deadline September 11, 2009.)

 

 

(b)  FP 2009-63

Postponed to 9/3/09 Continued Meeting

Notice of Tax Date; Rules Governing Exemption Applications to Municipalities; Filing Fees

(JLCAR Deadline September 11, 2009.)

 

 

11. FISH AND GAME DEPARTMENT

 

 

(a)  INT 2009-16

Postponed to 9/3/09 Continued Meeting

Periods of Fish and Game License Revocation or Suspension for Various Violations

(JLCAR Deadline November 5, 2009.  Rule implements 2009,11 (HB 612), effective June 16, 2009.)

 

 

(b)  FP 2009-83

Postponed to 9/3/09 Continued Meeting

Pheasant License Fee Increase; Sporting Club Youth Pheasant Events

(JLCAR Deadline September 18, 2009.)

 

 

12. DEPARTMENT OF SAFETY

 

 

(a)  FP 2009-82

Postponed to 9/3/09 Continued Meeting

Various Watercraft Safety Rules

(JLCAR Deadline September 21, 2009.)

 

 

(b)  FP 2009-77

Postponed to 9/3/09 Continued Meeting

Driver Education Rules

(JLCAR Deadline September 21, 2009.)

 

 

(c)  FP 2009-86

Postponed to 9/3/09 Continued Meeting

Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules

(JLCAR Deadline September 21, 2009.)

 

 

13  LUNCH BREAK

 

 

14. FP 2009-87

Postponed to 9/3/09 Continued Meeting

BOARD OF REGISTRATION IN OPTOMETRY

Waiver of Rules, Explanation After Adoption of Rules, Application Form, Process and Qualifications for License as an Optometrist, Fee Schedule, Renewal and Reinstatement Process and Refractive Surgery Post Operative Care

(JLCAR Deadline September 18, 2009.)

 

 

15. COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

 

 

(a)  FP 2009-17

Postponed to 9/3/09 Continued Meeting

Practice and Procedures of the College Tuition Savings Plan Advisory Commission

(JLCAR Deadline September 10, 2009.)

 

 

(b)  FP 2009-18

Postponed to 9/3/09 Continued Meeting

Establishment, Operation and Administrative Rules for the College Tuition Savings Plan Advisory Commission

(JLCAR Deadline September 10, 2009.)

 

 

16. FP 2008-185

Postponed to 9/3/09 Continued Meeting

DEPARTMENT OF JUSTICE

Victims' Compensation

(JLCAR Deadline September 18, 2009.)

 

 

17. Response to Preliminary Objection Made in July 16, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2009-64

BANKING DEPARTMENT

Collateralization of Public Deposits

(JLCAR Deadline October 19, 2009.  Former interim rule expired December 21, 2008.)

 

 

OTHER BUSINESS

 

18. Other