JELCAR approves farmers-market nutrition rule, adopts missing-adult alerts and postpones multiple agency rules

The Joint Legislative Committee on Administrative Rules (JELCAR) on Oct. 27 considered a slate of agency rule proposals, approving rules to implement a missing adult and missing vulnerable-adult alert program and a Farmers Market Nutrition Program, and postponing several other rule proposals so agencies can address staff comments or hold additional public hearings.

The committee adopted rules to implement the missing adult program and the missing vulnerable-adult alert program. Eva Roa, legal coordinator for the committee's legal unit, said she recently started in the role and that staffing shortages, COVID-related delays and subsequent staffing changes contributed to why the rules took longer than statutorily expected to reach JELCAR. Roa said, “I have just started. I'm about 2 months in to this job, so I am catching up as well as to why it took so long for it to get in front of you and to become a rule.” The committee approved the measure on a voice vote.

JELCAR also approved a new Farmers Market Nutrition Program rule required by 2023’s House Bill 2. Haley McLeary, nutrition service section administrator in the Bureau of Family and Health and Nutrition, said the department missed the prompt initiation of rulemaking during a staffing transition and then spent an extended period completing contracting. McLeary said the department’s contract was fully executed on Dec. 18, 2024, and that the program is scheduled to roll out this summer. The rule includes an informational note that three items—dried herbs, herb plants and pickled vegetables—are not covered under the state plan for the program.

Several agencies asked for postponements so they could address staff concerns or obtain additional public input. The Pesticide Control Board’s proposed amendments on aquatic pesticide application were postponed to the March meeting after staff identified an unclear provision describing how the division would respond if a permittee postpones a treatment. David Russo of the New Hampshire Division of Pesticide Control said the division can “identify the criteria that already exists when a special permit is issued initially, and certainly change that may to shall,” and indicated the agency would provide revisions.

The Department of Revenue Administration’s business-profits-tax proposal was postponed to allow the agency to amend its conditional approval to incorporate supporting schedules and forms into the rule text. Jennifer Ramsey, tax policy counsel for the Department of Revenue Administration, said the agency did not historically include all supporting schedules in rule text and is willing to add language listing the five basic tax return types and applicable schedules.

The Board of Mental Health Practice asked for postponement to April so it could vote on a conditional approval request; JELCAR granted a waiver of its March 25 deadline to allow that schedule change. The Department of Health and Human Services’ lead-poisoning prevention rule also was postponed at the request of a committee member who said she had not had enough time to confirm implementation dates and impacts on affected businesses and residents. Allison Radmay, administrator for the administrative rules unit at DHHS, told the committee that the rule had previously been circulated to stakeholders three times with no responses and that the department had conducted a public hearing with no comments.

The Board of Natural Scientists requested postponement to allow a conditional approval request addressing discrepancies between rule text and forms; JELCAR granted a waiver and postponed to March. The Board of Psychologists’ proposed changes to temporary licensure procedures raised a notice-and-comment issue: staff said the board reinserted a paragraph describing entities allowed to bring practitioners to New Hampshire in an emergency without sufficient public notice. Tina Kelly, rules coordinator for the Office of Professional Licensure and Certification (OPLC), told the committee the OPLC is amenable to holding an additional hearing. JELCAR issued a preliminary objection and directed the board to publish notice, hold another hearing and respond within the timeline provided for such corrections.

Across the agenda, staff raised recurring implementation and process issues: (1) statutorily required rules delayed by staffing changes and contracting timelines; (2) rule text that references forms or schedules that staff say should be incorporated into rule text; and (3) notices and public-comment opportunities that staff said were insufficient when substantive language was added after the published notice. Committee members repeatedly invited agencies to return with amended conditional-approval requests or to hold additional hearings so JELCAR could act after staff concerns were addressed.

Votes at a glance: - Minutes and consent calendar: approved by voice vote. - Item 24144 (missing adult and missing vulnerable-adult alert program): adopted (voice vote). - Item 146 (Pesticide Control Board — aquatic application of pesticides): postponed to March (motion passed; agency to supply revisions). - Item 152 (Board of Mental Health Practice): postponed to April; waiver of JELCAR deadline granted (motion passed). - Item 164 (Department of Revenue Administration — business profits tax forms): postponed to March to allow amended conditional approval (motion passed). - Item 172 (DHHS lead poisoning prevention and control): postponed (motion passed). - Item 236 (Farmers Market Nutrition Program for women and dependent children—implementation of House Bill 2): adopted (voice vote). - Board of Natural Scientists rule: postponed to March; waiver granted (motion passed). - Board of Psychologists rule (temporary licensure): preliminary objection issued to allow additional hearing and public comment (motion passed).

The committee did not record roll-call tallies for most votes; actions were approved or postponed by voice vote. Several agencies signaled they will return with amended conditional approval requests or revised rule text at the March or April meetings. JELCAR adjourned after completing the agenda.