JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

NOVEMBER 6, 2008

 

 

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

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:06 a.m. by Rep. Pilotte as Chair.

 

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

 

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

 

2.  The Committee discussed the minutes of the Committee meeting on October 16, 2008.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

3.  The Committee discussed the response of the Liquor Commission to the Committee’s preliminary objection to Final Proposal 2007-220 (License Information Requirements).  Eddie Edwards represented the Commission.

 

     Rep. Patten moved that the Committee recess this item so that Mr. Edwards and Committee staff could review the existing Commission rules.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2008-131 from the Postsecondary Education Commission (Rules Governing the Evaluation of Institutions of Higher Learning).  Kathryn Dodge testified for the Commission.

 

     The Commission had requested a conditional approval in a letter dated November 4, 2008 and amended rule dated October 31, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-131 as requested.

 

     Rep. Gottling seconded.

 

     Adopted. 

 

5.  The Committee discussed Final Proposal 2008-139 from the Postsecondary Education Commission (New Hampshire Incentive Program).  Judy Knapp testified for the Commission.  Kathryn Dodge also represented the Commission.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-139 with the recommendation that the Commission seek legislation to define “residency” for purposes of determining eligibility for grants relative to the N.H. Incentive Program.

 

     Rep. Schmidt seconded.

 

     Adopted. 

 

6.  The Committee discussed Final Proposal 2008-140 from the Postsecondary Education Commission (Tuition Waivers for Foster Children).  Judy Knapp testified for the Commission.  Kathryn Dodge also represented the Commission.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-140.

 

     Rep. Millham seconded.

 

     Adopted.

 

     It was the consensus of the Committee that it discuss in its scheduled work session on November 13, 2008, the Committee’s concern that fiscal benefits and not only costs clearly be addressed in a fiscal impact statement.

 

7.  The Committee discussed again the response of the Liquor Commission to the Committee’s preliminary objection to Final Proposal 2007-220 (License Information Requirements).  Eddie Edwards testified for the Commission.

 

     Rep. Boyce moved that the Committee accept the response and approve the rules.

 

     Rep. Patten seconded.

 

     Adopted. 

 

8.  The Committee discussed Final Proposal 2008-159 from the Passenger Tramway Safety Board (Various Passenger Tramway Safety Board Rules).  Sheri Kelloway of the Department of Safety and Selden Hannah, Chairman of the Board, represented the Board.

 

        Rep. Schmidt moved that the Committee approve Final Proposal 2008-159.

 

        Rep. Patten seconded.

 

        Adopted.

 

9.  The Committee discussed Final Proposal 2008-119 from the Board of Hearing Care Providers (Organizational Rules).  Board Chairman Herbert J. Hodgdon, David P. Dachowski, and consultant Richard Nusbaum represented the Board.

 

     The Board had requested a conditional approval with an amended rule dated September 30, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-119 as requested.

 

     Rep. Gottling seconded.

 

     Adopted.

 

10. The Committee discussed Final Proposal 2008-120 from the Board of Hearing Care Providers (Practice and Procedure Non-Expiring Provisions).  Board Chairman Herbert J. Hodgdon, David P. Dachowski, and consultant Richard Nusbaum testified for the Board.

 

      The Board had requested a conditional approval with an amended rule dated September 30, 2008.

 

      Rep. Boyce moved that the Committee conditionally approve Final Proposal 2008-120 as requested.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

11.        The Committee discussed Final Proposal 2008-121 from the Board of Hearing Care Providers (Various 8-Year Practice and Procedure Rules; License Applications and Fees; License Renewal and Fees; and Ethical Standards).  Board Chairman Herbert J. Hodgdon, David P. Dachowski, and consultant Richard Nusbaum testified for the Board.

 

      The Board had requested a conditional approval with an amended rule dated September 30, 2008.

 

      Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-121 as requested and petition the Board to undertake a new rulemaking proceeding to adopt as rules a schedule of administrative fines as required by RSA 137-F:6, XIV and RSA 137-F:31.

 

      Rep. Millham seconded.

 

      Adopted. 

 

12.  The Committee discussed Final Proposal 2008-154 from the Public Utilities Commission (Underground Utility Damage Prevention Program).  Suzanne Amidon and Randy Knepper testified for the Commission.

 

      Rep. Millham moved that the Committee approve Final Proposal 2008-154.

 

      Rep. Patten seconded.

 

      Adopted. 

 

13.  The Committee discussed Final Proposal 2008-158 from the Department of Health and Human Services (Former Division of Public Health Services, Hospice House). 

 

      The Committee took no action at this time but went to the next item.

 

14.  The Committee discussed an emergency rule He-W 699.05(b) filed by the Department of Health and Human Services (Former Division of Human Services, Emergency Assistance Home Heating Fuel Cap Increase) and effective October 21, 2008 (Document #9300). 

 

      Rep. Millham moved that the Committee take no action.

 

      Rep. Patten seconded.

 

      Adopted.

 

           

15.  The Committee discussed the response by the Board of Pharmacy to the Committee’s petition on October 2, 2008 to amend Ph 905.01 to insert all criteria applied by the Board in determining whether to deny or revoke a petition.

 

      The Board had denied the petition.

 

      It was the consensus of the Committee to discuss this matter in terms of legislation at the work session on November 13, 2008. 

 

16.  The Committee resumed discussion of Final Proposal 2008-158 from the Department of Health and Human Services (Former Division of Public Health Services, Hospice House).  John Martin and Michael Holt testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-158.

 

      Rep. Millham seconded.

 

      Adopted.

 

17.  The Committee discussed the response of the Board of Registration in Optometry to the Committee’s revised objection to Final Proposal 2008-72 (Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-Up Care).  Keith Emery, Board President, represented the Board.

 

      Valerie Acres, representing the National Association of Optometrists and Opticians, testified.

 

      Rep. Patten moved that the Committee postpone action on this item to the regular Committee meeting on November 20, 2008, with the understanding that this item would be first on the regular agenda.

 

      Rep. Gottling seconded.

 

      Adopted. 

 

18.  Rep. Schmidt moved that the Committee adjourn.

 

      Rep. Patten seconded.

 

      The Committee adjourned at 11:36 a.m.