REGULAR MEETING

TENTATIVE AGENDA

SEPTEMBER 18, 2003 - 9:00 a.m.

ROOMS 201/203 - LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Clifton C. Below, Vice-Chair

Betsey L. Patten, Chair

Iris W. Estabrook

Robert S. Mercer

Robert B. Flanders

Kathleen N. Taylor

Theodore L. Gatsas

Janet G. Wall

Sylvia B. Larsen

MaryAnn N. Blanchard (Alt.)

Lou D'Allesandro (Alt.)

Larry A. Emerton, Sr. (Alt.)

Robert K. Boyce (Alt.)

Dennis H. Fields (Alt.)

Burton J. Cohen (Alt.)

Dennis P. Vachon (Alt.)

Andre Martel (Alt.)

Nelson S. Allan (Alt.)

Jane O'Hearn (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

12. 12:00 pm LUNCH BREAK

Consent Agenda

13. 1:00 pm Disc. on Manual Appendix Forms

2. 9:05 am Final Proposals

14. 1:30 pm FP's 2003-101 & 102 He-M

3. 9:10 am Objection Responses

4. 9:15 am Preliminary Objections

15. 1:45 pm FP's 2003-51 & 58 Env-A, FP 2003-99 Wt & INT 2003-10 Env-Wm

 

16. 3:00 pm FP 2003-93 He-P, FP 2003-107 He-W & INT 2003-11 He-C

Regular Agenda

17. 3:45 pm OR 2003-14 Tra

5. 9:20 am Postpone Items

18. 4:15 pm OR 2003-44 Saf-C

6. 9:25 am OR 2003-30 Liq

19. 4:45 pm Disc. on joint resolutions Mhp

7. 9:45 am FP 2003-84 Ins

20. 5:00 pm OR's from 8-21-03 Meeting

8. 10:00 am FP 2003-91 Fis

21. 5:30 pm Disc. on Petition Responses

9. 10:15 am Disc. On FP's 2003-72 & 73 Den

 

10. 10:45 am FP 2003-34 Mhp

Other Business

11. 11:45 am INT 2003-9 Pas

22. 6:00 pm Other

 

 

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 2003-71

PESTICIDE CONTROL BOARD

Sale and Use of Pesticides, Disposal and Storage of Pesticides and Pesticide Containers, and Recordkeeping and Reporting

(JLCAR Deadline October 10, 2003)

 

 

(b) FP 2003-75

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Weights and Measures

(JLCAR Deadline October 6, 2003)

 

 

(c) FP 2003-76

POLICE STANDARDS AND TRAINING COUNCIL

Drug Sale Prohibition

(JLCAR Deadline October 13, 2003)

 

 

(d) FP 2003-85

INSURANCE DEPARTMENT

Ins 3700 Standards for Safeguarding Customer Information

(JLCAR Deadline October 9, 2003)

 

 

(e) FP 2003-88

REAL ESTATE COMMISSION

 

Fees

(JLCAR Deadline October 20, 2003)

 

 

(f) FP 2003-90

FISH AND GAME DEPARTMENT

Wildlife Disease - Chronic Wasting Disease (CWD)

(JLCAR Deadline October 17, 2003)

 

 

(g) FP 2003-94

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Requirements for the Transfer of Low-Level Radioactive Waste for Disposal at Land Disposal Facilities, Manifests, Records, Reports, Quality Assurance, and Audits

(JLCAR Deadline October 13, 2003)

 

 

(h) FP 2003-95

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Annual Limits of Intake (ALI) and Derived Air Concentration (DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for the Release to Sanitary Sewerage

(JLCAR Deadline October 13, 2003)

 

 

(i) FP 2003-96

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Quantities For Use with Decommissioning

(JLCAR Deadline October 13, 2003)

 

 

(j) FP 2003-97

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Quantities of Radioactive Material Requiring Labeling

(JLCAR Deadline October 13, 2003)

 

 

(k) FP 2003-103

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Human Services

Out-of-State Verification of Able Bodied Adult Without Dependents (ABAWD)

(JLCAR Deadline October 13, 2003)

 

 

3. Committee Acceptance of Agency Responses to Objections

 

(Selected items)

 

 

 

4. Committee Issuance of Preliminary or Revised Objections to Final Proposals

 

(Selected items)

REGULAR AGENDA

 

 

 

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

 

 

6. OR 2003-30 LIQUOR COMMISSION

 

Liquor Rules for Extension of Licensed Premises Under RSA 178:21

(JLCAR Deadline September 26, 2003)

(Formerly Item 15(b) on 8-21-03 Agenda)

 

 

7. FP 2003-84

INSURANCE DEPARTMENT

 

Ins 100 Organizational Rules

(JLCAR Deadline October 9, 2003)

 

 

8. FP 2003-91

FISH AND GAME DEPARTMENT

Marine Rules - Haddock

(JLCAR Deadline October 17, 2003)

 

 

9. Discussion on the following final proposals*:

 

BOARD OF DENTAL EXAMINERS

 

 

(a) FP 2003-72

Definition of Certification and Licensure

(JLCAR Deadline October 23, 2003)

 

(b) FP 2003-73

Licensure Applications, Background Checks, Military Service, Coronal Polishing, Anesthesia, Continuing Education, Ethics Code and Patient Access to Records

(JLCAR Deadline October 23, 2003)

*Because these proposals were not completely filed until September 8, 2003, less than 14 days prior to the meeting, they are placed only as discussion items. To approve or object, the Committee must suspend rules 302.01(a)(2) and 303.01(b)(2), respectively.

 

 

10. FP 2003-34

BOARD OF MENTAL HEALTH PRACTICE

Mental Health Counselor Course Requirements and Practical Experience and Patient's Bill of Rights

(JLCAR Deadline September 22, 2003)

 

 

11. INT 2003-9

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Fees Rule

(JLCAR Deadline November 27, 2003)

 

 

12. LUNCH BREAK

 

 

 

13. Discussion on amendments to appendices to Drafting and Procedure Manual due to 2003 legislation.

 

 

14. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2003-101

Former Division of Mental Health and Developmental Services

Administration of Medications in Developmental Services Programs

(JLCAR Deadline October 20, 2003)

 

 

(b) FP 2003-102

Former Division of Mental Health and Developmental Services

Administration of Medications in Behavioral Health Programs

(JLCAR Deadline October 20, 2003)

15. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2003-51

Division of Air Resources

Conformity to Transporation Projects and of General Federal Actions to the State Implementation Plan

(JLCAR Deadline October 6, 2003)

 

 

(b) FP 2003-58

Division of Water

Wetlands Bureau

Wetlands Permit-by-Notification Rules

(JLCAR Deadline October 6, 2003)

 

 

(c) FP 2003-99

Division of Water

Underground Injection Control Rule

(JLCAR Deadline October 20, 2003)

 

 

(d) INT 2003-10

Division of Waste Management

 

Hazardous Waste Small Quantity Generator Self-Certification Program

(JLCAR Deadline December 4, 2003)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2003-93

Former Division of Public Health Services

Radiological Health Rules Relating to the Transportation of Radioactive Material

(JLCAR Deadline October 20, 2003)

 

 

(b) FP 2003-107

Former Division of Human Services

Food Stamp Mileage Reimbursement and Reporting Requirements

(JLCAR Deadline October 20, 2003)

 

 

(c) INT 2003-11

Commissioner

Residential Child Care Ratesetting

(JLCAR Deadline December 4, 2003)

 

 

17. OR 2003-14

DEPARTMENT OF TRANSPORTATION

 

Aircraft, Commercial Aviation Operator and Aircraft Dealer Registration

(JLCAR Deadline October 22, 2003)

 

 

18. OR 2003-44

DEPARTMENT OF SAFETY

Vehicle Registration Rules

(JLCAR Deadline October 22, 2003)

 

 

19. Discussion on joint resolution relative to ROR 2001-3 and ROR 2001-4 of the Board of Mental Health Practice (Mhp 103.05 on quorum, and select rules of practice and procedure Mhp 201.04, Mhp 205.02(d), Mhp 206.11(a)(1), Mhp 206.15(e), and Mhp 212.01(b)(3)). (Formerly Item 6 on 5-5-03 agenda, Item 14 on 5-19-03 agenda, Item 17 on 6-23-03 agenda, Item 13 on 7-17-03 agenda, and Item 17 on 8-21-03 agenda).

 

20. Remaining Responses to Preliminary Objections Made in August 21, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline November 25, 2003).

 

(a) OR 2003-21 UNIVERSITY SYSTEM OF NEW HAMPSHIRE

Classification of Students for Tuition Purposes

(b) OR 2003-78

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

NH Title XIX Pharmacy Co-Payments

 

 

(c) OR 2003-19

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Beverage and Bottled Water

 

 

21. Discussion on Response to Petitions

 

OTHER BUSINESS

22. Other