JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 17, 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

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.)

Michael Downing (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.  11:30 am    FP's 2009-103, 104, & 105 Ret

 

10.  12:00 pm    Disc. on electronic filing procedures

Consent Agenda

11.  12:15 pm    FP's 2009-115 He-P & 2009-94 He-W

2.    9:05 am    Final Proposals

12.    1:00 pm    LUNCH BREAK

3.    9:10 am    Objection Responses

13.    2:00 pm    FP's 2009-58 He-M, 2009-95 He-C,

4.    9:12 am    Preliminary Objections

                        2009-101 & 114 He-P

 

14.    3:15 pm    OR 2009-64 Ban

Regular Agenda

15.    4:00 pm    OR's from 9-3-09 Meeting

5.    9:13 am    Postpone Items

 

6.    9:15 am    FP's 2009-77 & 96 Saf-C

Other Business

7.  10:30 am    FP 2009-102 Ph

16.    4:15 pm    Other

8.  11:00 am    FP's 2009-91 & 98 Ins

 

 

 

 

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 2009-43

Approval

BOARD OF EDUCATION

Science for Middle and High School Certification and Teacher Preparation Programs

(JLCAR Deadline September 28, 2009.)

 

 

(b)  FP 2009-73

Approval

REAL ESTATE APPRAISER BOARD

Application Process and Classification Overview

(JLCAR Deadline October 9, 2009.)

 

 

(c)  FP 2009-74

Approval

REAL ESTATE APPRAISER BOARD

Fee Schedule

(JLCAR Deadline October 9, 2009.)

 

 

(d)  FP 2009-84

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Special Certifications, Documentation of Receipt of Special Certifications

(JLCAR Deadline October 2, 2009.)

 

 

(e)  FP 2009-89

Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Eligibility Requirements for Reinstatement of Lapsed Licenses

(JLCAR Deadline October 1, 2009.)

 

 

(f)  FP 2009-99

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Extensions to the FANF 60-Month Time Limit

(JLCAR Deadline October 9, 2009.)

 

 

(g)  FP 2009-100

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Distribution of Child Support Payments

(JLCAR Deadline October 19, 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 2009-28

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Renewal, Continuing Education, Reinstatement, Ongoing Requirements

(Response not received yet.)

 

 

Conditionally Approved August 20, 2009:

 

 

FP 2009-60

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(Response received 8-25-09 and confirmed 8-26-09.)

 

FP 2009-90

DEPARTMENT OF HEALTH AND HUMAN SERVICES

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

(Response received 8-25-09 and confirmed 8-26-09.)

 

 

Conditionally Approved September 3, 2009:

 

 

FP 2009-83

FISH AND GAME DEPARTMENT

Pheasant License Fee Increase; Sporting Club Youth Pheasant Events

(Response received 9-8-09 and confirmed 9-8-09.)

 

 

FP 2009-82

DEPARTMENT OF SAFETY

Various Watercraft Safety Rules

(Response received 9-9-09 and confirmed 9-9-09.)

 

 

FP 2008-185

DEPARTMENT OF JUSTICE

Victims' Compensation

(Response not received yet.)

 

 

REGULAR AGENDA

 

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

 

 

6.   DEPARTMENT OF SAFETY

 

 

(a)  FP 2009-77

Conditional Approval

Driver Education Rules

(JLCAR Deadline September 21, 2009.)

Formerly Item 12(b) on 8-20-09 and 9-3-09 agendas.)

 

 

(b)  FP 2009-96

Preliminary Objection

Board of Electricians Practice and Procedural Rules and Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline October 19, 2009.)

 

 

7.   FP 2009-102

Approval

 

PHARMACY BOARD

Pharmacist Administration of Influenza Vaccines

(JLCAR Deadline October 5, 2009.)

 

 

8.   INSURANCE DEPARTMENT

 

 

(a)  FP 2009-91

Postponed to 10/1/09 Continued Meeting

Purchasing Alliances

(JLCAR Deadline October 1, 2009.)

 

 

(b)  FP 2009-98

Postponed to 10/1/09 Continued Meeting

Minimum Standards for Medicare Supplement Policies

(JLCAR Deadline October 1, 2009.)

 

 

9.   N.H. RETIREMENT SYSTEM

 

 

(a)  FP 2009-103

Postponed to 10/1/09 Continued Meeting

Participation in the NHRS

(JLCAR Deadline October 19, 2009.)

 

 

(b)  FP 2009-104

Postponed to 10/1/09 Continued Meeting

Code of Ethics

(JLCAR Deadline October 19, 2009.  Interim rule will expire October 2, 2009.)

 

 

(c)  FP 2009-105

Postponed to 10/1/09 Continued Meeting

Filing of NHRS Forms

(JLCAR Deadline October 19, 2009.  Existing regular rules will expire October 10, 2009.)

 

 

10. Discussion on proposed electronic filing pilot program procedures pursuant to HB 252.

     Postponed to 10/1/09 Continued Meeting

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-115

Conditional Approval

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

(JLCAR Deadline October 19, 2009.)

 

 

(b)  FP 2009-94

Postponed to 10/1/09 Continued Meeting

Former Division of Human Services

Dental Services

(JLCAR Deadline October 19, 2009.)

 

 

12. LUNCH BREAK

 

 

13. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-58

Postponed to 10/1/09 Continued Meeting

Former Division of Mental Health and Developmental Services

Housing Security Guarantee Program

(JLCAR Deadline October 19, 2009.)

 

 

(b)  FP 2009-95

Postponed to 10/1/09 Continued Meeting

Commissioner

Allocation and Distribution of Incentive Fund Grants

(JLCAR Deadline October 19, 2009.)

 

 

(c)  FP 2009-101

Postponed to 10/1/09 Continued Meeting

Former Division of Public Health Services

Educational Health Centers and Adult Day Programs

(JLCAR Deadline October 19, 2009.)

 

 

(d)  FP 2009-114

Postponed to 10/1/09 Continued Meeting

Former Division of Public Health Services

Rules for Hospitals

(JLCAR Deadline October 19, 2009.)

 

 

14. OR 2009-64

Postponed to 10/1/09 Continued Meeting

BANKING DEPARTMENT

Collateralization of Public Deposits

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

(Formerly Item 17 on 9-3-09 agenda.)

 

 

15. Response to Preliminary Objection Made in September 3, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2009-79

PUBLIC UTILITIES COMMISSION

Utility Pole Attachments

(JLCAR Deadline December 8, 2009.)

 

 

OTHER BUSINESS

 

16. Other