Joint Legislative Committee on Administrative Rules
Action Minutes
JUNE 16, 2006
Members Present: Representatives
Patten,
(**)
Part 1, Article 28-a was not an issue in
the Committee’s discussions or decisions in this meeting.
1. The meeting was convened at 9:00 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Allan, Carson, Pilotte, Dokmo, and Millham, and Sen.
Flanders.
Rep. Patten appointed Reps. Pilotte,
Carson, and Dokmo as alternates, respectively, for Rep. Taylor, Sen.
Letourneau, and Sen. Estabrook, who were absent.
2. The Committee discussed the minutes of the
continued meeting on June 2, 2006.
Rep.
Allan moved that the minutes be approved.
Rep.
Millham seconded.
Adopted.
3. The Committee discussed the following final
proposals (Consent Agenda – Final Proposals):
FP 2006-35 |
DEPARTMENT OF EMPLOYMENT SECURITY Records to be Kept by Each Employing Unit
and Each Employer |
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FP
2006-36 |
DEPARTMENT OF EMPLOYMENT SECURITY Payment Vouchers, Mass Layoffs, Part-time
Work Information) |
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FP 2006-38 |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time
Availability and Shift Availability |
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FP 2006-45 |
DEPARTMENT OF SAFETY Default Bench Warrant Fund Disbursement Rules |
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FP 2006-46 |
FISH AND GAME DEPARTMENT 2007 Fishing Rules |
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FP
2006-51 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Temporary Assistance to Needy Families Standard of Need |
Sen.
Flanders moved that the Committee approve the final proposals.
Rep.
Carson seconded.
Adopted.
4. The Committee discussed the following response
by the agency indicated to the prior preliminary objection made by the
Committee (Consent Agenda – Responses to Objections):
OR 2005-214 |
LIQUOR
COMMISSION Procedural Rules and Enforcement Policy |
Ivan Bass testified for the agency.
Rep. Wall arrived during the discussion of
this item.
Rep. Carson moved that the Committee accept
the response and approve the rules.
Rep. Pilotte seconded.
Adopted.
5. The Committee discussed whether to postpone
action on certain items to another meeting.
No action to postpone was made at this
time.
6. The Committee discussed Proposed Interim Rule
INT 2006-24 from the Department of Labor (Elevator Accessibility Lifts
Inspection, Licensing and Reporting Procedures). Christine Farmer represented the agency.
The Department had requested in a letter
dated June 8, 2006 that the Committee postpone action on the item to the
regular Committee meeting on July 20, 2006.
Sen. Flanders moved that the Committee
postpone action on this item to the Committee meeting on July 20, 2006.
Rep.
Wall seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule
INT 2006-21 from the Department of Labor (Appeals Hearings, Rules of Practice;
Workers Compensation Insurance Coverage Requirements and Procedures; Workers
Compensation Self-Insurance Requirements; Workers Compensation Claims
Procedures and Responsibilities of Parties).
Kathryn Barger testified for the agency.
Sen. Flanders moved that the Committee
approve Proposed Interim Rule INT 2006-21.
Rep. Carson seconded.
Adopted.
8. The Committee discussed Final Proposal
2005-223 from the Board of Dental Examiners (National Board Requirement,
Temporary Transcript, Levels of Sedation, Addition of Qualified CPR Providers,
and Housekeeping). Dr. Raymond Jarvis
testified for the agency.
Rep. Taylor and Sen. Clegg arrived during
the discussion of this item.
Since Rep. Taylor was now present, Rep.
Patten appointed Rep. Pilotte as an alternate for Sen. Clark, who was absent.
Rep. Allan moved that the Committee approve
Final Proposal 2005-223.
Rep. Taylor seconded.
Adopted.
9. The Committee discussed an emergency rule relative
to teacher certification adopted and filed by the Board of Education under
Document #8611, effective June 14, 2006.
Dr. Judith Fillion and Virginia Irwin testified for the Board.
Rep. Dokmo moved that the Committee
petition the Board to repeal the emergency rule pursuant to RSA 541-A:18, IV because
the statement of emergency filed pursuant to RSA 541-A:18, III (e) did not
demonstrate that the rule was necessary to prevent an imminent peril to public
health or safety.
Rep. Carson seconded.
Adopted.
Sen. Clegg left the meeting at this time.
10. The Committee discussed Final Proposal 2006-1
from the Board of Education (Specialist in Assessment of Intellectual
Functioning (SAIF)). Dr. Judith Fillion
and Virginia Irwin testified for the Board.
Dr. Fillion submitted a request for
conditional approval with an amendment to Ed 507.19(b)(8) and (b)(9) c.
Rep. Dokmo moved that the Committee
conditionally approve Final Proposal 2006-1 to amend Ed 507.19(b)(8) and (b)(9)
c., and to file an Incorporation by Reference Statement for the document cited
in the requested amendment to Ed 507.19(b)(8).
Rep. Wall seconded.
Adopted.
Rep. Patten noted for the record that Rep. Allan voted “no”.
11. The
Committee discussed Proposed Interim Rule INT 2006-22 from the Health Services
Planning and Review Board (Long Term Care Facilities). Cynthia Carrier testified for the agency.
Rep.
Millham moved that the Committee approve Proposed Interim Rule INT 2006-22.
Rep.
Taylor seconded.
After
further discussion, Rep. Millham withdrew her motion and Rep. Taylor withdrew
her second.
Rep.
Millham moved that the Committee conditionally approve Proposed Interim Rule
INT 2006-22 on the condition that the Board insert existing rule He-Hea 901.02
except for paragraph (m).
Rep.
Pilotte seconded.
Adopted.
12. The
Committee discussed Proposed Interim Rule INT 2006-23 from the Health Services
Planning and Review Board (ESWL Services).
Cynthia Carrier testified for the agency.
Rep.
Wall moved that the Committee conditionally approve Proposed Interim Rule INT
2006-23 on the condition that the agency insert existing rule He-Hea 1403.01
except for paragraph (j).
Rep.
Carson seconded.
Adopted.
13. The
Committee discussed Proposed Interim Rule INT 2006-25 from the Fish and Game
Department (Fish and Game Rules: Baitfish; Guidelines for License Revocations;
Reptiles).
Sandra
Falicon of the Department had requested a conditional approval in a letter and
attached rule dated June 15, 2006.
Sen.
Clegg returned to the meeting during the discussion of this item.
Rep.
Taylor moved that the Committee conditionally approve Proposed Interim Rule INT
2006-25 as requested.
Rep.
Carson seconded.
Adopted.
14. The
Committee discussed Proposed Interim Rule IINT 2006-26 from the Department of
Safety (Interim Administrative License Suspension Rules). Marta Modigliani testified for the agency.
Sen.
Clegg moved that the Committee approve Proposed Interim Rule INT 2006-26 and
strongly recommend that the Department address the issue in the Committee
staff’s annotations to Saf-C 2804.07 (b) when the Department undertakes regular
rulemaking.
Rep.
Dokmo seconded.
Adopted.
15. The
Committee discussed whether to postpone action on certain items to another
meeting.
Rep.
Allan moved that the following items be postponed to the continued Committee
meeting on June 30, 2006:
13. FP 2006-18 |
PHARMACY
BOARD Collaborative Practice for Emergency
Contraception (JLCAR Deadline July 10, 2006.) |
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14. FP 2006-37 |
DEPARTMENT OF EMPLOYMENT SECURITY New Hire (JLCAR Deadline July 17, 2006.) |
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15. OR 2006-24 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment Standards for
Residential Facilities (JLCAR Deadline July 25, 2006.) |
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16. Remaining
Responses to Preliminary Objections made in March 24, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2005-213 |
POSTSECONDARY
EDUCATION COMMISSION Pos 1000 Rules
Governing the Evaluation of Institutions of Higher Learning (No JLCAR deadline since agency objection response deadline has been waived.) |
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OTHER
BUSINESS |
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17. Other |
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Rep.
Wall seconded.
Adopted.
16. The
Committee recessed at 10:47 a.m.