Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

JUNE 16, 2006

 

 

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

 

(**)  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

 

 

FP 2006-36

DEPARTMENT OF EMPLOYMENT SECURITY

Payment Vouchers, Mass Layoffs, Part-time Work Information)

 

 

FP 2006-38

DEPARTMENT OF EMPLOYMENT SECURITY

Part-time Availability and Shift Availability

 

 

FP 2006-45

DEPARTMENT OF SAFETY

Default Bench Warrant Fund Disbursement Rules

 

 

FP 2006-46

FISH AND GAME DEPARTMENT

2007 Fishing Rules

 

 

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.)

 

 

14.    FP 2006-37

DEPARTMENT OF EMPLOYMENT SECURITY

New Hire

(JLCAR Deadline July 17, 2006.)

 

 

15.    OR 2006-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Residential Facilities

(JLCAR Deadline July 25, 2006.)

 

 

16.    Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (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.)

 

 

OTHER BUSINESS

 

17.    Other

 

 

      Rep. Wall seconded.

 

      Adopted.

 

16.  The Committee recessed at 10:47 a.m.