Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

NOVEMBER 17, 2005

 

 

Members Present:   Representatives Patten, Taylor, Allan, Wall, Carson*, Mitchell*, Millham,* Dokmo*, and Pilotte*, and Senators Flanders and Clegg*. (*) Indicates alternate member.

 

(**)  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, Carson, Mitchell, Millham, and Pilotte, and Sen. Flanders.

 

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

 

 

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, Taylor, Mitchell, Wall, Carson, and Dokmo and Sen. Clegg present, the Committee discussed Final Proposal 2005-161 from the Community Development Finance Authority (Community Development Block Grant Rules).

 

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.

 

Gretchen Hamel, representing the Department of Environmental Services, testified briefly.

 

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).  Gretchen Hamel testified for the agency.

 

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).  Gretchen Hamel testified for the agency.

 

      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).  Gretchen Hamel testified for the agency.

 

      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).  Gretchen Hamel testified for the agency.

 

      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).  Gretchen Hamel testified for the agency.

 

      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

 

(a)  INT 2005-25

Ambulance Services

(JLCAR Deadline February 2, 2006.  Regular rules will expire November 27, 2005.)

 

 

(b)  FP 2005-152

Former Division of Public Health Services

Electrologists

(JLCAR Deadline December 12, 2005.)

 

 

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.)

 

 

18.    FP 2005-102

DEPARTMENT OF SAFETY

Display, Consumer And Permissible Fireworks Rules

(JLCAR Deadline December 12, 2005.)

 

 

19.    OR 2005-136

WETLANDS COUNCIL

Wetlands Council Practice and Procedure

(JLCAR Deadline January 24, 2006.  Existing rules expire December 12, 2005.)

 

20.    OR 2005-88

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Licensing Requirements

(JLCAR Deadline January 3, 2006.)

 

21.    Remaining Responses to Preliminary Objections Made in October 27, 2005 Meeting But Not Yet Reviewed by Committee Staff.

         (JLCAR Deadline January 31, 2006.)

 

OR 2005-150

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Newborn Screening and Newborn Hearing Screening

 

 

OTHER BUSINESS

22.    Other

 

 

Rep. Wall seconded.

 

Adopted.

 

24.   The Committee recessed at 11:58 a.m.