JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

OCTOBER 16, 2008

 

 

Members Present:   Representatives Pilotte, Patten, MacKay, Schmidt, Gottling, Millham*, and Boyce*, and Senator Fuller Clark.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting.  (See Items #8 and #12 below.  However, Item #8 was approved, and Item #12 was conditionally approved.)

 

1.  The meeting was convened at 9:00 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, Gottling, Millham, and Boyce.

 

     Rep. Pilotte appointed Rep. Millham and Rep. Boyce as alternates, respectively, for Sen. Letourneau and Sen. Downing, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on October 2, 2008.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Gottling seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2008-94

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Limitation on Number of Occupational Therapy Assistants Under Supervision

 

 

FP 2008-114

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Roster Distribution

 

 

FP 2008-115

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Licensee Requirements

 

 

FP 2008-116

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Examination Requirements

 

 

FP 2008-132

DEPARTMENT OF EMPLOYMENT SECURITY

Practice and Procedure

 

 

FP 2008-152

FISH AND GAME DEPARTMENT

Various Marine Rules

 

 

FP 2008-156

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control Activities

 

     Rep. Patten moved that the final proposals be approved.

 

     Rep. Schmidt seconded

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another Committee meeting.

 

     Rep. Schmidt moved that the Committee request a waiver of the Committee deadline to act on the following final proposals from the Insurance Department so that the proposals could be on the Committee agenda for November 20, 2008:

 

FP 2008-85

Advertisements of Insurance

 

 

FP 2008-91

Filing for Life, Accident and Health Insurance

 

 

FP 2008-125

Health Maintenance Organizations

 

     Rep. Patten seconded.

 

     Adopted.

 

     Rep. Gottling moved that the Committee postpone action on the following items to the next Committee meeting, except for Item #15 which will be on the agenda for November 20, 2008:

 

13. POSTSECONDARY EDUCATION COMMISSION

 

 

(a)  FP 2008-131

Rules Governing the Evaluation of Institutions of Higher Learning

(JLCAR Deadline November 7, 2008.)

 

 

(b)  FP 2008-139

New Hampshire Incentive Program

(JLCAR Deadline November 10, 2008.)

 

 

(c)  FP 2008-140

Tuition Waivers for Foster Children

(JLCAR Deadline November 10, 2008.)

 

15. INSURANCE DEPARTMENT

 

 

(a)  FP 2008-85

Advertisements of Insurance

(JLCAR Deadline November 6, 2008.)

 

 

(b)  FP 2008-91

Filing for Life, Accident and Health Insurance

(JLCAR Deadline November 6, 2008.)

 

 

(c)  FP 2008-125

Health Maintenance Organizations

(JLCAR Deadline November 10, 2008.)

 

 

16. FP 2008-159

PASSENGER TRAMWAY SAFETY BOARD

Various Passenger Tramway Safety Board Rules

(JLCAR Deadline November 17, 2008.)

 

 

17. BOARD OF HEARING CARE PROVIDERS

 

 

(a)  FP 2008-119

Organizational Rules

(JLCAR Deadline November 10, 2008.)

 

 

(b)  FP 2008-120

Practice and Procedure - Non-Expiring Provisions

(JLCAR Deadline November 10, 2008.  Former rules expired January 29, 2007.)

 

 

(c)  FP 2008-121

Various 8-Year Practice and Procedural Rules; License Applications and Fees; License Renewal and Fees; and Ethical Standards

(JLCAR Deadline November 10, 2008.  Former rules expired January 29, 2007.)

 

 

18. FP 2008-154

PUBLIC UTILITIES COMMISSION

Underground Utility Damage Prevention Program

(JLCAR Deadline November 17, 2008.  Existing interim rulse will expire
February 12, 2009.)

 

 

19.         FP 2008-158

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Hospice House

(JLCAR Deadline November 17, 2008.)

 

 

20. OR 2007-220

LIQUOR COMMISSION

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

(Formerly Item #17 on 10-2-08 agenda.)

 

 

21. ROR 2008-72

BOARD OF REGISTRATION IN OPTOMETRY

Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-up Care

(JLCAR Deadline January 6, 2009.)

 

     Rep. Boyce seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2008-117 from the Board of Barbering, Cosmetology, and Esthetics (Renewal Form, Violation Points, and Administrative Fine Procedures).  Lynda Elliot represented the Board.

 

     The Board had submitted a conditional approval request in a letter and amended rule dated October 8, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-117 as requested.

 

     Rep. MacKay seconded.

 

     Adopted.

 

     Sen. Fuller Clark arrived in the meeting at this time. 

 

6.  The Committee discussed Final Proposal 2008-135 from the Department of Employment Security (Time and Place for Filing Initial Claims).  Lon Siel represented the Department.

 

     The Department submitted a conditional request in an amended rule dated October 16, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-135 as requested.

 

     Sen. Fuller Clark seconded.

 

     Adopted. 

 

7.  The Committee discussed Proposed Interim Rule INT 2008-37 from the Department of Environmental Services (Division of Water, Certification of Water Works Operators).  Gretchen Hamel testified for the Department.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-37 with the recommendation that the Department seek legislation to address the issue in the annotation by Committee staff to Env-Ws 367.08(a) regarding RSA 332-E:9.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

**8. The Committee discussed Final Proposal 2008-150 from the Department of Environmental Services (Air Related Programs, Asbestos Management and Control).  Gretchen Hamel and Barbara Hoffman testified for the Department.

 

        Rep. Patten moved that the Committee approve Final Proposal 2008-150 with a recommendation to the Director of the Office of Legislative Services that she accept as an editorial change in the adopted rule the replacement of the word “enclosure” in Env-A 1805.12(e) with the words “encapsulated RACM”. 

 

        Rep. Gottling seconded.

 

        Adopted.

 

9.  The Committee discussed Proposed Interim Rule INT 2008-39 from the Board of Nursing (Nursing Education Program Fees).  Margaret Walker testified for the Board.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2008-39.

 

     Rep. Gottling seconded.

 

     Adopted.

 

10.  After a break, with Reps. Pilotte, Patten, MacKay, Schmidt, Gottling, Millham, and Boyce, and Sen. Fuller Clark present, the Committee discussed Final Proposal 2008-66 from the Fire Standards and Training Commission (Readoption and Amendment of Fire Standards and Training Commission Rules).  Marta Modigliani of the Department of Safety and Richard Mason of the Department of Safety testified for the Commission.

 

      Sen. Fuller Clark left during the discussion of this item.

 

      Rep. Patten moved that the Committee approve Final Proposal 2008-66 with a recommendation that the Commission look at a possible conflict between RSA 21-P:27 and RSA 541-A:21, I,(r) and examine the legislative history of those provisions.

 

      Rep. Schmidt seconded.

 

      Adopted. 

 

11.  The Committee discussed Final Proposal 2008-157 from the Department of Revenue Administration (Property Tax Credits, Exemptions and Deferrals).  John Hays and Steve Hamilton represented the Department.

 

      The Department had requested a conditional approval in a letter and amended rule dated October 15, 2008.

 

      Rep. MacKay moved that the Committee conditionally approve Final Proposal 2008-157 as requested.

 

      Rep. Patten seconded.

 

      Adopted.

 

**12.   The Committee discussed Final Proposal 2008-155 from the Department of Health and Human Services (Commissioner, N.H. Child Care Program Licensing Rules).  John Martin and Denise Corvino testified for the Department.

 

      The Department requested a conditional approval with an amended rule dated October 15, 2008.

 

      Sen. Fuller Clark returned to the meeting during the discussion of this item.

 

      The following persons also testified:

            Rep. Anne Grassie, also representing Dover Children’s Center.

            Rep. Mary Jane Wallner.

            Muriel B. Allard, representing Alpha Bits Learning Center of Manchester, N.H.

            Gail Gettens representing Children’s Learning Center at St. Paul’s School, Concord, N.H.

            Jackie Cowell, representing Early Learning N.H.

            Susan F. Duncan.

            Julie Sackett, representing Lakes Region Child Care Services and Early Learning N.H.

            Rebecca Johnson, representing Community Action Program—Belknap and Merrimack Counties, Inc.

 

      The following persons appeared in support of the rules but did not speak:

            Susan Sullivan, representing Minds in Motion Child Care of Nashua, N.H.

            Katie Brissette, representing Early Learning N.H.

            Sally Wood, representing First Start Children’s Center of Concord, N.H.

 

      Sen. Fuller Cark moved that the Committee conditionally approve Final Proposal 2008-155 as requested.

 

      Rep. Patten seconded.

 

      Adopted.

 

      Rep. Pilotte noted for the record that Rep. MacKay and Rep. Millham voted “no”.

 

13.  Rep. Patten moved that the Committee recess to November 6, 2008.

 

      Rep. Boyce seconded.

 

      Adopted.

 

      The Committee recessed at 1:05 p.m., effectively postponing the following item to the Committee meeting on November 6:

 

OTHER BUSINESS

 

22. Other