Joint Legislative Committee on Administrative Rules
Action Minutes
NOVEMBER 17, 2005
Members Present: Representatives
Patten,
(**) Indicates where Part 1, Article 28-a was an
issue in the Committee’s discussions or decisions in this meeting. (See Items #18 through #22 below. However, those items were approved.)
1. The meeting was convened at 9:09 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps.
Taylor, Allan, Wall,
2. The Committee discussed the minutes of the Committee
meeting on October 27, 2005.
Rep. Taylor moved that the minutes be approved.
Rep. Wall seconded.
Rep. Patten appointed Rep. Carson, Millham,
Pilotte, and Mitchell as alternates, respectively, for Rep. Bicknell, Sen.
Letourneau, Sen. Estabrook, and Sen. Clark, who were absent.
The motion to approve the
minutes was adopted.
3. The
Committee discussed the following final proposals from the agencies indicated
(Consent Agenda – Final Proposals):
FP 2005-116 |
BOARD OF DENTAL EXAMINERS Pleadings |
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FP 2005-173 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public
Health Services Massage Therapists |
Sen. Flanders moved that the
Committee approve the final proposals.
Rep. Taylor seconded.
Adopted.
4. The
Committee discussed the following responses to prior Committee objections
(Consent Agenda – Responses to Objections):
OR 2005-48 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Requirements for the Control of
Radiation and Use of Radioactive Material |
Rep. Taylor moved that the Committee accept
the response and approve the rules.
Rep.
Wall seconded.
Adopted.
5. The
Committee discussed whether to postpone action on certain items to another
meeting.
No action to postpone was taken at this time.
6. The
Committee discussed Final Proposal 2005-167 from the Department of Revenue
Administration (Definitions, Contract Requirements, Compliance and
Satisfaction, and Monitoring Requirements).
Guy Petell, Robert Boley, Gail Bartlett,
and John Hays testified for the agency.
George Hildum, representing himself as a member
of the Concord Board of Assessors and contract assessor for Gilmanton,
Henniker, Milton, New Boston, Newport, Plainfield, and Springfield, submitted
written testimony but did not speak.
Sen. Clegg and Rep. Dokmo arrived during
the discussion of this item.
Paul Franklin testified as Chairman of the
Board of Tax and Land Appeals.
The Department had submitted an original
conditional approval request and a revised conditional approval request dated
November 11, 2005.
Rep. Patten appointed Sen. Clegg as an
alternate for Sen. Martel, who was absent.
Sen. Clegg moved that the Committee
conditionally approved Final Proposal 2005-167 as requested by the agency in
its revised conditional approval request of November 16, 2005 and editorially
change the citation found in Rev 602.11(b) from “Rev 602.06 (b)(1)” to “Rev
602.06 (c)(1).”
Rep. Carson seconded.
Rep. Taylor indicated for the record that
the Assessing Standards Board should look at the issues.
The motion was adopted.
Reps. Allan, Millham, and Pilotte left the
meeting at this time.
7. The
Committee discussed Final Proposal 2005-171 from the Department of Revenue
Administration (Electronic Transfers and Filings). John Hays testified for the agency.
The
agency had submitted an original conditional approval request and a revised
conditional approval request dated November 16, 2005.
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2005-171
as requested by the agency with the editorial change in Rev 2506.01(a) to
change “efile” to “forms option”.
Rep.
Wall seconded.
Adopted.
8. The
Committee discussed Proposed Interim Rule INT 2005-22 from the Board of
Managers of the N.H. Veterans Home (Housing Procedures; Admission Requirement;
Financial Rules). Trudy Mott-Smith of
the Department of Administrative Services testified for the Board.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2005-22.
Sen.
Clegg seconded.
Adopted.
9. The
Committee discussed Proposed Interim Rule INT 2005-23 from the Department of
Safety (Hazardous Materials Transportation Interim Rules). Sheri Kelloway testified for the agency.
Sen.
Clegg moved that the Committee approve Proposed Interim Rule INT 2005-23.
Rep.
Taylor seconded.
Adopted.
10.The
Committee discussed Proposed Interim Rule INT 2005-24 from the Department of
Safety (Vessel Registration Rules).
Sheri Kelloway testified for the agency.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2005-24.
Rep.
Wall seconded.
Adopted.
11.The Committee discussed Final Proposal 2005-69 from the Fish and Game Department (Fish and Game Department – State Managed Lands). Sandra Falicon testified for the agency.
The
agency had requested a conditional approval in a letter and attached rule dated
November 14, 2005.
Rep.
Wall moved that the Committee conditionally approve Final Proposal 2005-69 as
requested by the agency and by amending the introductory language to Fis
902.01(e) so that, with the agency’s changes, it reads: “Applicants for special use permits shall
submit an application in writing to the executive director including the
following:”.
Rep.
Taylor seconded.
Adopted.
12.The
Committee discussed Final Proposal 2005-115 from the Board of Dental Examiners
(Housekeeping, Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant
Duty Clarification, Changes to Ethical Duties).
Dr. Raymond Jarvis, Chairman of the Board, and Winn Arnold of the N.H.
Department of Justice testified for the Board.
Rep.
Taylor moved that the Committee make a preliminary objection to Final Proposal
2005-115 on the grounds that Federal law requires the Board to provide notice
to applicants regarding use of the applicants’ social security numbers, and
that specific authority does not currently exist for the provisions in Den
302.05(u) and (v).
Rep.
Carson seconded.
Adopted.
13.After
a break, with Reps. Patten,
Rep.
Patten appointed Rep. Dokmo as an alternate for Sen. Flanders, who was absent.
The
agency had requested a conditional approval in a letter and attached rule dated
November 8, 2005.
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2005-161
as requested.
Rep.
Carson seconded.
Adopted.
14.The
Committee discussed Final Proposal 2005-143 from the Department of Labor
(Compensation Appeals Advisory Board).
The
agency had requested a conditional approval in a letter and attached rule dated
November 14, 2005.
Sen.
Clegg moved that the Committee conditionally approve Final Proposal 2005-143 as
requested.
Rep.
Taylor seconded.
Adopted.
15.The
Committee discussed Final Proposal 2005-187 from the Installation Standards
Board (Organizational Rules). Marta
Modigliani from the Department of Safety and Gary Francoueur, Board Chairman,
testified for the Board.
Jodi
Grimbilas, representing the N.H. Manufactured Housing Association, registered
his support for Final Proposals 2005-187 through 189 but did not speak.
Sen.
Clegg moved that the Committee approve Final Proposal 2005-187.
Rep.
Taylor seconded.
Adopted.
16.The
Committee discussed Final Proposal 2005-188 from the Installation Standards
Board (Practice and Procedure Rules). Marta Modigliani from the Department of Safety
and Gary Francoeur, Board Chairman, testified for the Board.
Sen.
Clegg moved that the Committee approve Final Proposal 2005-188 with the request
that the Board would address through subsequent rulemaking in the near future
the issues outlined in the annotations to the final proposal by Committee
Attorney Morrell.
Rep.
Wall seconded.
Adopted
17. The
Committee discussed Final Proposal 2005-189 from the Installation Standards
Board (Manufactured Housing Installation Standards Board Rules). Marta Modigliani from the Department of
Safety and Gary Francoeur, Board Chairman, testified for the agency.
Sen.
Clegg moved that the Committee approve Final Proposal 2005-189 with the request
that the agency would address through subsequent rulemaking in the near future the
issues outlined in the annotations to the final proposal by Committee Attorney
Morrell.
Rep.
Taylor seconded.
Adopted.
**18. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-134 (Division of Water, Introduction to Public Drinking
Water Rules).
Rep.
Dokmo moved that the Committee accept the response and approve the rules.
Rep.
Taylor seconded.
Adopted.
**19. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-125 (Division of Water, Variance, Exception, and BAT
Rules).
Rep. Taylor moved that the Committee accept the response and
approve the rules.
Rep. Wall seconded.
Adopted.
Rep. Carson left the meeting at this time.
**20. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-132 (Division of Water, Protecting the Purity of
Regulated Watersheds).
Sen. Clegg moved that the Committee accept the response and
approve the rules.
Rep. Taylor seconded.
Adopted.
**21. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-129 (Division of Water, Design Standards for Small
Community Public Water Systems).
Rep. Dokmo moved that the Committee accept the response and
approve the rules.
Rep. Taylor seconded.
Adopted.
**22. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-130 (Division of Water, Design Standards for
Non-Community Public Water Systems).
Rep. Dokmo moved that the Committee accept the response and
approve the rules.
Rep. Taylor seconded.
Adopted.
23. The Committee discussed postponement of
remaining items to the continued Committee meeting on December 1, 2005.
Rep.
Taylor moved that the Committee postpone action on the following items to the
continued Committee meeting on December 1, 2005.
16. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) INT 2005-25 |
Ambulance Services (JLCAR Deadline February 2,
2006. Regular rules will expire
November 27, 2005.) |
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(b) FP 2005-152 |
Former Division of Public
Health Services Electrologists (JLCAR Deadline December 12,
2005.) |
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17. FP 2005-168 |
DEPARTMENT OF REVENUE ADMINISTRATION Form PA-42, Applications for Exemption of a Residence in a Commercial
Industrial Zone (JLCAR Deadline December 19,
2005.) |
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18. FP 2005-102 |
DEPARTMENT OF SAFETY Display, Consumer And Permissible Fireworks Rules (JLCAR Deadline December 12,
2005.) |
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19. OR 2005-136 |
WETLANDS
COUNCIL Wetlands
Council Practice and Procedure (JLCAR Deadline January 24, 2006. Existing rules expire December 12, 2005.) |
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20. OR 2005-88 |
BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Licensing Requirements (JLCAR Deadline January 3, 2006.) |
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21. Remaining
Responses to Preliminary Objections Made in October 27, 2005 Meeting But Not
Yet Reviewed by Committee Staff. (JLCAR Deadline January 31, 2006.) |
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OR 2005-150 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Newborn Screening and Newborn Hearing Screening |
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OTHER BUSINESS |
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22. Other |
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Rep.
Wall seconded.
Adopted.
24. The Committee recessed at 11:58 a.m.