JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 18, 2007
Members Present: Representatives
Pilotte, MacKay, Schmidt, Millham*, and Powers*, and Senators Fuller Clark,
Letourneau, Cilley, and Downing. (*) Indicates alternate members.
(**)
Indicates where Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Item
#16. However, that item was
conditionally approved.)
1. The meeting was convened at 9:03 a.m. by Rep.
Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Schmidt, and Powers, and Sens. Cilley and Downing.
2. The Committee discussed meeting dates in March through December, 2007, and ending meetings at a specific time certain.
Sen. Fuller Clark arrived during this discussion.
No action was taken at this time.
Rep. Pilotte appointed Rep. Powers as an alternate for Rep. Mitchell, who was absent.
3. The Committee discussed the minutes of the Committee meeting on January 5, 2007.
Sen. Fuller Clark moved that the Committee approve the minutes.
Rep. MacKay seconded.
Adopted.
4. The Committee discussed the following Final Proposals (Consent Agenda – Final Proposals):
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FP 2006-95 |
REAL ESTATE COMMISSION Organizational Definitions |
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FP 2006-96 |
REAL ESTATE COMMISSION Adjustment by Conciliation Procedures |
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FP 2006-97 |
REAL ESTATE COMMISSION Fees, Filing
Requirements, Accreditation Requirements, Examinations & |
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FP 2006-98 |
REAL ESTATE COMMISSION Brokerage Contracts |
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FP 2006-99 |
REAL ESTATE COMMISSION Agency Code of Ethics |
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FP 2006-100 |
REAL ESTATE COMMISSION Agency & Non-Agency Disclosure, Trust Accounts and Cooperating Brokerage Agreements |
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FP 2006-112 |
COMMISSION FOR HUMAN RIGHTS Organization |
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FP 2006-135 |
NATUROPATHIC BOARD OF EXAMINERS Fees |
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FP 2006-136 |
NATUROPATHIC BOARD OF EXAMINERS Biennial Renewal |
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FP 2006-156 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Eligibility and the Process of Providing Services |
Sen. Fuller Clark moved that the Committee approve the final proposals.
Rep. MacKay seconded.
Adopted.
5. The Committee discussed the following responses to preliminary objections made by the Committee in prior meetings (Consent Agenda – Responses to Objections):
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OR 2006-123 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Livestock Events |
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OR 2006-151 |
DEPARTMENT OF SAFETY 2006 Watercraft Restriction Rules |
Sen. Letourneau arrived during the discussion of this item.
Rep. MacKay moved to accept the responses and approve the rules.
Sen. Downing seconded.
Adopted.
6. The
Committee discussed whether to postpone certain items to another Committee
meeting.
Rep. MacKay moved that the following items
be postponed to the continued meeting on
February 2, 2007:
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15. FP 2006-81 |
BOARD
OF NURSING Licensing
Requirements; Continued Status; Ethical Standards; Education; Nursing
Assistants; Certificate of Medication Administration for Licensed Nursing
Assistants and Medication Administration Education Program (JLCAR Deadline February 5, 2007. Former interim rules expired December 21,
2006.) |
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16. FP 2006-165 |
DEPARTMENT
OF SAFETY Plea
by Mail and Telephone Rules (JLCAR Deadline February 22, 2007. Former regular rules expired November 25,
2006.) |
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17. FP 2006-117 |
DEPARTMENT
OF REVENUE ADMINISTRATION Definition
of Manual; Equalization Manual; Forms and Data Sheets (JLCAR Deadline February 19, 2007.) |
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18. FP 2006-153 |
DEPARTMENT
OF TRANSPORTATION Relocation
Assistance (JLCAR Deadline February 19, 2007.) |
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19. Remaining
Responses to Preliminary Objections made in January 5, 2007 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2006-134 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Durable Medical Equipment, Prosthetic and
Orthotic Devices, and Medical Supplies (JLCAR
Deadline April 20, 2007. Former
regular rules expired December 29, 2003.) |
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(b)
OR 2006-150 |
BOARD OF MEDICINE Rules
Regarding Practice and Procedures for Physicians Licensed in (JLCAR Deadline April 20, 2007. Existing interim rules expired December 13,
2006.) |
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OTHER
BUSINESS |
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20. Other |
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Sen. Letourneau seconded.
Adopted.
7. The Committee discussed Final Proposal
2006-140 from the Department of Health and Human Services (Former Division of
Public Health Services, Financial Assistance to Partially Fund Towns or Cities
for Mosquito Control Activities).
Kathryn Frey and Dr. Jason Stull testified for the Department.
Robert Wolff and Wendy Chapley, Director of the Division of Pesticide
Control in the Department of Agriculture, testified for the Department of
Agriculture.
Rep. Millham arrived during the discussion
of this item.
Rep. Pilotte appointed Rep. Millham as an
alternate for Rep. Patten, who was absent.
Sen. Fuller Clark moved that the Committee
approve Final Proposal 2006-140.
Sen. Letourneau seconded.
Adopted.
8. The Committee discussed Final Proposal
2006-164 from the Department of Health and Human Services (Former Division of
Public Health Services, Requirements for the Control of Radiation and Use of
Radioactive Material).
Michael Holt, Dennis O’ Dowd, and
Lisabritt Solsky testified for the Department.
Sen. Fuller Clark and Rep. Powers left
during the discussion of this item.
Sen. Cilley moved that the Committee approve
Final Proposal 2006-164 and recommend that the Department clarify in future rulemaking
what constitutes “good cause” in He-P 4019.08(c).
Sen. Downing seconded.
Adopted.
Sen. Letourneau left the meeting at this
time.
9. The Committee discussed Proposed Interim Rule
INT 2006-47 from the Department of Health and Human Services (Former Division
of Public Health Services, Requirements for the Control of Radiation and Use of
Radioactive Materials). Michael Holt and
Dennis O’Dowd testified for the Department.
Sen. Downing moved that the Committee
approve Proposed Interim Rule INT 2006-147 with the understanding that the
agency address in the regular rulemaking process the issues outlined in the
annotations to the Proposed Interim Rule by Administrative Rules Director
Eaton.
Rep. MacKay seconded.
Adopted.
Sen. Letourneau returned to the meeting
prior to the vote but did not vote himself.
10. The Committee discussed an emergency rule He-C
701 (Document #8784, effective 1-1-07) filed by the Department of Health and
Human Services (Commissioner, Assessment and Evaluation of Persons Eligible for
Involuntary Civil Commitment as Sexually Violent Predators). Geoffrey Souther and Michael Holt testified
for the Department.
Sen. Fuller Clark returned during the
discussion of this item.
Sen. Letourneau moved that the Committee
approve the rule.
Rep. MacKay seconded.
After further discussion, Sen. Letourneau
withdrew his motion, and Rep. MacKay his second, because approval by the Committee
of an emergency rule is not required under RSA 541-A:18, and only a petition to
repeal the rule pursuant to RSA 541-A:18, IV would be available to the
Committee.
No further action was taken.
11. The Committee briefly discussed Final Proposal
2006-161 from the Department of Health and Human Services (Commissioner,
Adoption Subsidies), which had been listed on the agenda in the January 12,
2007 Rulemaking Register but was incomplete and would be re-filed for
the February 16, 2007 meeting.
No further action was taken.
12. The Committee discussed Final Proposal
2006-119 from the Fish and Game Department (Use of Leashed Dogs for Tracking
Big Game Animals). Sandra Falicon
testified for the Department.
Rep. Schmidt left the meeting during the
discussion of this item.
Sen. Fuller Clark moved that the Committee
approve Final Proposal 2006-119.
Sen. Downing seconded.
Adopted.
13. The Committee discussed Proposed Interim Rule
INT 2006-42 from the Public Utilities Commission (N.H. Code for Energy Conservation
in New Building Construction). Suzanne
Amidon and Jonathan Osgood testified for the Commission.
Sen. Fuller Clark moved that the Committee
approve Proposed Interim Rule INT 2006-42 with the understanding, based on the
Commission staff’s testimony, that the Commission would address in the regular
rulemaking process the annotations to the Proposed Interim Rule by
Administrative Rules Director Eaton.
Sen. Letourneau seconded.
Adopted.
14. The Committee discussed Final Proposal
2006-137 from the Naturopathic Board of Examiners (Revocation, Suspension, and
Other Sanctions). Trudy Mott-Smith of
the Department of Administrative Services and Dr. Deborah Sellars testified for
the Board.
Sen. Fuller Clark left the meeting during
the discussion of this item.
Rep. Millham moved that the Committee
approve Final Proposal 2006-137.
Rep. MacKay seconded.
Adopted.
15. The Committee discussed the following final
proposals from the Commission for Human Rights:
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FP 2006-113 |
Proceedings Prior to Public Adjudicative
Hearing |
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FP
2006-114 |
Public Adjudicative Hearings and Other
Practices and Procedures. |
Trudy Mott-Smith of the Department of
Administrative Services, and Katharine Daly, Executive Director of the
Commission, testified for the Commission.
Sen. Fuller Clark returned during the
discussion of this item.
Rep. Schmidt had returned by the
discussion of this item.
Sen. Downing moved that the Committee
approve Final Proposal 2006-113.
Rep. Schmidt seconded.
Adopted.
Rep. MacKay moved that the Committee
approve Final Proposal 2006-114.
Rep. Schmidt seconded.
Adopted.
**16. The Committee discussed Final Proposal
2006-140 from the Department of Environmental Services (Oil and Remediation
Programs, Contaminated Site Management and Groundwater Release Detection
Permits). Gretchen Hamel and Robin
Mongeon testified for the Department.
Gretchen Hamel submitted a request
for conditional approval on behalf of the Department in a letter and attached
rule dated January 18, 2007.
Sen. Fuller Clark moved that the
Committee conditionally approve Final Proposal 2006-146 as requested.
Rep. Millham seconded.
Adopted.
17. The Committee discussed Final Proposal
2006-147 from the Department of Environmental Services (Oil and Remediation
Programs, Brownfields Program under RSA 147-F).
Gretchen Hamel and Michael McCluskey testified for the Department.
Sen. Letourneau moved that the Committee
approve Final Proposal 2006-147.
Sen. Downing seconded.
Adopted.
Sen. Letourneau left the meeting at this
time.
18. The Committee discussed the response by the
Pari-Mutuel Commission to the Committee’s preliminary objection to Final
Proposal 2006-154 (Games of Chance).
Executive Director Paul Kelley and Sheri Eldridge testified for the
Commission.
Richard L. Bouley, representing Universal
Gaming, testified.
Sen. Cilley moved that the Committee, in
lieu of a vote to sponsor a joint resolution, make a final objection to Final Proposal
2006-154 on the ground, based on public comment, that the rules were contrary
to the public interest by the Commission failing to consider fully all public
comment because the Commission allotted insufficient time to consider the public
comment before the final proposal was established.
Rep. MacKay seconded.
A roll call vote was called. The vote was as follows:
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YES |
NO |
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Sen. Fuller Clark |
X |
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Sen. Cilley |
X |
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Sen. Downing |
X |
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Rep. Schmidt |
X |
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Rep. Millham |
X |
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Rep. MacKay |
X |
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Rep. Pilotte |
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X |
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Total |
6 |
1 |
The vote was 6 “yes” and 1 “no”. The motion was adopted.
Sen. Fuller Clark left at this time.
19. The Committee discussed Proposed Interim Rule
INT 2007-1 from the Board of Accountancy (Rules of the Board of Accountancy
(Except Fees)). Louise Romeo, Executive
Director of the Board, testified for the Board.
Richard Nusbaum, contracting attorney for the Board, appeared with Ms.
Romeo to give technical testimony.
Sen. Downing moved that the Committee
approve Proposed Interim Rule INT 2007-1 and recommend that the agency address
in the regular rulemaking process the comments in the annotations to the rules
by Administrative Rules Director Eaton.
Sen. Cilley seconded.
Adopted.
20. Rep. Schmidt moved that the Committee recess.
Sen. Downing seconded.
Adopted.
The Committee recessed at 1:17 p.m.