Joint Legislative Committee on Administrative Rules
Action Minutes
AUGUST 17, 2006
Members Present: Representatives
Patten, Taylor, Allan, Millham, Carson*, and Thomas*, and Senator Clegg. (*) Indicates alternate members.
(**)
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. Since a quorum was not yet present, the
meeting was not formally convened but began at 9:20 a.m. by Rep. Patten as
Vice-Chair, in order to discuss items.
Members present at this time, aside from
Rep. Patten, were Reps. Taylor, Allan, and Millham, and Sen. Clegg.
2. The Committee discussed the following final
proposals from the Division of Personnel of the Department of Administrative
Services:
FP
2006-71 |
Division
of Personnel Procedural Rules Regarding Rulemaking, Declaratory Rulings and
Public Comment Hearings |
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FP
2006-72 |
Division
of Personnel Rules Regarding Settlement of Disputes and Explanation of
Adopted Rules |
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FP
2006-73 |
Division
of Personnel Rules Chapters Per 300 through Per 1500 |
Stephen J. McCormack testified for the State Employees’ Association and
requested that the Committee postpone action.
Since a quorum was not yet present, no
action was taken at this time.
3. The Committee discussed the following final proposals and proposed interim rules (Consent Agenda – Final Proposals and Proposed Interim Rules):
FP 2006-58 |
BOARD OF EDUCATION Elementary Education, English Language Arts
and Social Studies for Middle Schools |
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FP
2006-59 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Definitions |
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FP 2006-60 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Definitions; Application Procedures;
Eligibility Requirements for Certification |
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FP 2006-61 |
BOARD
OF MARITAL MEDIATOR CERTIFICATION Ethical
Standards |
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FP 2006-69 |
DEPARTMENT OF SAFETY Various Motor Carrier Safety Rules |
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FP 2006-70 |
DIVISION OF PERSONNEL Department of
Administrative Services Division of Personnel Organizational Rule
Revisions |
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FP 2006-75 |
DEPARTMENT OF SAFETY Various School Bus Transportation Rules |
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FP 2006-76 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Certification of Other Qualified Agencies -
Definition Change |
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INT 2006-32 |
DEPARTMENT OF HEALTH AND HUMAN
SERVICES Former Division of Human
Services Food Stamp Rules |
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INT 2006-33 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Approval and Operation of Community Mental
Health Programs. |
Since a
quorum was not yet present, no action was taken at this time.
4. The Committee discussed Proposed Interim Rule
INT 2006-30 from the Department of Environmental Services (Division of Waste
Management, Hazardous Waste Manifest Rules – Definitions) and Proposed Interim
Rule INT 2006-31 from the Department (Division of Waste Management, Hazardous
Waste Manifest Rules). Gretchen Hamel
and Ryan Lamey testified for the Department.
Since a quorum was not present, no action
was taken at this time.
5. The Committee discussed Final Proposal 2006-40
from the Insurance Department (Ins 400 Filings for Life, Accident and Health
Insurance). Deborah O’Loughlin and
Maureen Hartsmith testified for the agency.
During the discussion, Rep. John Thomas
arrived as an alternate member of the Committee
Rep. Patten appointed Rep. Thomas as an
alternate for Rep. Wall, who was absent.
The Department had requested a conditional
approval in a letter dated August 16, 2006.
No action was taken at this time.
6. Since a quorum was now present, the meeting
was formally convened at 9:45 a.m. by Rep. Patten as Vice-Chair.
7. The
Committee resumed discussion of the Consent Agenda – Final Proposals and
Proposed Interim Rules.
Rep.
Taylor moved that the Committee approve the final proposals and proposed
interim rules, with the understanding that corrected Incorporation by Reference
Statements for Final Proposals 2006-60 and 2006-61 from the Board of Marital
Mediator Certification were being sent.
Sen.
Clegg seconded.
Adopted.
8. The
Committee resumed discussion of Proposed Interim Rule INT 2006-30 from the
Department of Environmental Services.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2006-30.
Sen.
Clegg seconded.
Adopted.
9. The
Committee resumed discussion of Proposed Interim Rule INT 2006-31 from the
Department of Environmental Services.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2006-31.
Sen.
Clegg seconded.
Adopted.
10. The
Committee resumed discussion of the following items from the Division of
Personnel of the Department of Administrative Services:
FP
2006-71 |
Division
of Personnel Procedural Rules Regarding Rulemaking, Declaratory Rulings and
Public Comment Hearings |
|
|
FP
2006-72 |
Division
of Personnel Rules Regarding Settlement of Disputes and Explanation of
Adopted Rules |
|
|
FP
2006-73 |
Division
of Personnel Rules Chapters Per 300 through Per 1500 |
Rep.
Allan moved that the Committee postpone action on these items to the continued
Committee meeting on August 31, 2006.
Rep.
Taylor seconded.
Adopted.
11. The
Committee resumed discussion of Final Proposal 2006-40 from the Insurance
Department (Ins 400 Filings for Life, Accident and Health Insurance).
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2006-40 as
requested by the agency, including submission of an Incorporation by Reference
Statement for the document cited in Ins 401.09(d)(7)a.2.
Sen.
Clegg seconded.
Adopted.
12. The
Committee discussed the minutes of the continued Committee meeting on August 3,
2006.
Rep.
Millham moved that the minutes be approved.
Rep.
Allan seconded.
Adopted.
13. The
Committee discussed Final Proposal 2006-74 from the Department of Revenue
Administration (Business Profits Tax).
Kathleen Sher testified for the Department.
Kathleen
Sher asked for the following changes in a request for conditional
approval: (1) Delete paragraph Rev 303.01(f); (2) replace
the word “rule” with “section” in the first line of Rev 304.01(g); and (3)
replace the word “may” with “shall” in Rev 304.06(c)(3).
Brian
Lamy, representing the N.H. Society of Certified Public Accountants, also
testified.
Rep.
Carson arrived during the discussion of this item.
Sen.
Clegg moved that the Committee conditionally approve Final Proposal 2006-74 as
requested by the agency.
Rep.
Allan seconded.
At
this time, Rep. Patten appointed Rep. Carson as an alternate for Sen.
Letourneau, who was absent.
The
motion was adopted.
14. Rep.
Thomas moved that the Committee recess until the continued Committee meeting of
August 31, 2006.
Rep.
Carson seconded.
Adopted.
The
Committee recessed at 10:10 a.m., effectively postponing consideration of the
following item to the continued Committee meeting on August 31, 2006:
11. 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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12. Other |
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