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2021-2022 Session

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Legislative Committee on Administrative Rules (LCAR)



Proposed rules must go through a public hearing process before they become final proposed rules reviewed by LCAR.

For notices of proposed rules postings, please visit the Secretary of State's Proposed Rules Postings website.

When a rule is on the committee's agenda, contact Charlene Dindo (charlene@leg.state.vt.us) at least 48 hours in advance if you want to testify. Each document on the rule (including handouts, testimony, and proposals for change to the rule) must be submitted to Ms. Dindo at least two business days before the meeting. The submission should be sent electronically to Ms. Dindo's email address. Documents not submitted to committee staff will not be considered.

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Previous Meetings - Full Report

Summary Report

Thursday, January 14, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

Committee Discussion: Potential Revisions to the Committee's Procedural Rules


Thursday, February 4, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:00 AM

Convene, Elect Chair and Vice Chair

8:10 AM

20-P11 - Board of Education/Special Education Finance and Census-Based Funding

Board of Education's Request for Extension of the Adoption
Deadline

  • John Carroll, Chair, State Board of Education
8:25 AM

20-P14 - Vermont Department of Labor/VOSHA Rule: Section 29 CFR 1904.41 Electronic Submission of Injury and Illness Records to OSHA

VOSHA's Request for Extension of the Adoption Deadline

  • Dan Whipple, VOSHA Program Manager, Department of Labor
8:45 AM

20-P15 - Department of Health/Regulations for Lead Control

Department of Health's Request for Extension of Adoption
Deadline

  • Shayla Livingston, Department of Health

Thursday, February 11, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

21-E01 - Department of Health/Emergency Administrative Rules for Remote Hearings for the Board of Medical Practice

(received 1/21/21) Rule posted here: http://www.healthvermont.gov/about-us/laws-regulations/public-comment

  • David Englander, Senior Policy & Legal Advisor, Department of Health

Thursday, February 25, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

20-P23 - Agency of Human Services/Non-Emergency Medical Transportation

(received 2/5/21) LCAr's 45-day review period ends 3/22/21. Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-rules-hcar

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services
8:30 AM

20-P24 - Agency of Human Services/Ambulance Services

(received 2/5/21) (LCAR's 45-day review period ends 3/22/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-adminstrative-rules-hcar

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services

Thursday, April 1, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

21-E02 - Office of Professional Regulation/Emergency Administrative Rules for Notaries Public and Remote Notarization

(Received 3/11/21) (LCAR's 45-day review period ends 4/25/21) Rule posted here: https://sos.vermont.gov/notaries-public/statutes-rules-resources/

  • Lauren Layman, Staff Attorney, Secretary of State
8:20 AM

21-03 - Department of Health/Hospital Licensing Rule

(Received 3/15/21) (LCAR's 45-day review period ends 4/29/21) Rule posted here: https://www.healthvermont.gov/about-us/laws-regulations/publiccomment

  • Brendan Atwood, Public Health Policy Advisor, Department of Health
8:35 AM

20-P15 - Department of Health/Regulations for Lead Control

Review of the Rule and Request for Extension of Adoption Deadline

(received 3/15/21) (LCAR's s45-day review period ends 4/29/21) Rule posted here: https://www.healthvermont.gov/about-us/laws-regulations/public-comments

  • Brendan Atwood, Public Health Policy Advisor, Department of Health
  • Meg McCarthy, Compliance and Enforcement Advisor Environmental Health Division, Department of Health

Thursday, April 15, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

20-P15 - Department of Health/Regulations for Lead Control

(received 3/15/21) (LCAR's s45-day review period ends 4/29/21) Rule posted here: https://www.healthvermont.gov/about-us/laws-regulations/public-comments

  • Brendan Atwood, Public Health Policy Advisor, Department of Health
  • Meg McCarthy, Compliance and Enforcement Advisor Environmental Health Division, Department of Health

Thursday, April 22, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

21-E04 - Office of Secretary of State/Rule on Rulemaking

(received 4/2/21) Rule posted here: https://sos.vermont.gov/secretary-of-state-services/apa-rules/

  • Louise Corliss, APA Clerk, Secretary of State
  • Angela Valentinetti, Administrative Services Director, Office of Secretary of State
  • Chris Winters, Deputy Secretary, Secretary of State's Office
8:30 AM

20-P26 - Department of Financial Regulation/Third Party Administrator Rule

(received 4/5/21) (LCAR's 45-day review period ends 5/20/21) Rule posted here: https://dfr.vermont.gov/view/regbul

  • Sebastian Arduengo , Assistant General Counsel, Department of Financial Regulation

Thursday, April 29, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

20-P11 - Agency of Education - Special Education Finance and Census-Based Funding

(received 4/7/21) (LCAR's 45-day review period ends 5/27/21) Rule posted here: https://education.vermont.gov/state-board-councils/state-board/rulemaking

  • John Carroll, Chair, State Board of Education
  • Meagan Roy, Director of Student Support Services, Vermont Council of Special Education Administrators, Chair, Census-Based Funding Advisory Group
  • Emily Simmons, General Counsel, Agency of Education
8:30 AM

20-P12 - Agency of Education/Special Education Rules, Parts B (ages 3-22) and C (birth to Age 3)

(received 4/7/28) (LCAR's 45-day review period ends 4/27/21) Rule posted here: https://education.vermont.gov/state-board-councils/state-board/rulemaking

  • John Carroll, Chair, State Board of Education
  • Marilyn Mahusky, Staff Attorney, Disability Law Project, Vermont Legal Aid
  • Sheri Rockcastle, Parent
  • Meagan Roy, Director of Student Support Services, Vermont Council of Special Education Administrators, Chair, Census-Based Funding Advisory Group
  • Emily Simmons, General Counsel, Agency of Education

Thursday, May 6, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

20-P11 - Agency of Education - Special Education Finance and Census-Based Funding

(received 4/7/21) (LCAR's 45-day review period ends 5/27/21) Rule posted here: https://education.vermont.gov/state-board-councils/state-board/rulemaking

  • John Carroll, Chair, State Board of Education
  • Meagan Roy, Director of Student Support Services, Vermont Council of Special Education Administrators, Chair, Census-Based Funding Advisory Group
  • Emily Simmons, General Counsel, Agency of Education
8:15 AM

20-P12 - Agency of Education/Special Education Rules, Parts B (ages 3-22) and C (birth to Age 3)

(received 4/7/28) (LCAR's 45-day review period ends 4/27/21) Rule posted here: https://education.vermont.gov/state-board-councils/state-board/rulemaking

  • John Carroll, Chair, State Board of Education
  • Marilyn Mahusky, Staff Attorney, Disability Law Project, Vermont Legal Aid
  • Meagan Roy, Director of Student Support Services, Vermont Council of Special Education Administrators, Chair, Census-Based Funding Advisory Group
  • Emily Simmons, General Counsel, Agency of Education
8:20 AM

21-P03 - Vermont Fish & Wildlife Board/10 V.S.A. App. ยง 122. Fish Management Regulation

(received 4/9/21) LCAR's) LCAR's 45-day review period ends 5/24/21) Rule posted here: https://vtfishandwildlife.com/about0us/fish-and-wildlife-board/board-rules

  • Catherine Gjessing, General Counsel, Department of Fish & Wildlife
8:30 AM

21-E05 - Vermont Public Utility Commission/PUC Emergency Rule 2.500 COVID-19 Emergency Procedures

(received 4/13/21) (LCAR's 45-day review period ends 5/28/21) Rule posted here: https://puc.vermont.gov/about-us/statutes-and-rules

  • Steph Hoffman, Deputy General Counsel, Vermont Public Utility Commission
8:40 AM

20-P22 - Department of Corrections/Earned Time Rule

Request for Extension of Adoption Deadline

  • Anne Corbin, Department of Corrections
  • Monica Weeber, Director of Administrative Services, Department of Corrections
8:50 AM

20-P21 - VOSHA - VOSHA Review Board Rules of Procedure

Request for Extension of Adoption Deadline

  • Carolyn Desche, Director, VOSHA Review Board
  • Leigh Keyser Phillips, Chair, VOSHA Review Board

Thursday, May 20, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
8:05 AM

21-E06 - Department of Health/Reportable and Communicable Diseases Emergency Rule

(received 4/19/21) (LCAR's 45-day review period ends 6/3/21) Rule posted here: http://www.health

  • David Englander, Senior Policy & Legal Advisor, Department of Health
8:15 AM

20-P22 - Agency of Human Services/Earned Time Rule

(received 4/28/21) LCAR's 45-day review period ends 6/22/21) Rule posted here: https://doc.vermont.gov/policies-directives-and-rules

  • Anne Corbin, Department of Corrections
  • Monica Weeber, Director of Administrative Services, Department of Corrections
8:30 AM

21-P01 - Agency of Natural Resources/Vermont Pollution Abatement Facility Operator RUle

(received 4/27/21) (LCAR's 45-day review period ends 6/11/21) Rule posted here: https://dec.vermont.gov/watershed/wastewater/rulemaking

  • Amy Polaczyk, Wastewater Program Manager, Agency of Natural Resources
8:45 AM

21-P02 - Agency of Education/Rules Governing the Licensing of Educators and the Preparation of Educational Professionals

(received 4/22/21) (LCAR's 45-day review period ends 6/6/21) Rule posted here: www.education.vermont.gov

  • Patrick Halladay, Division Director for Education Quality, Agency of Education
  • Erik Remmers, Chair, Vermont Standards Board for Professional Educators
8:55 AM

Committee Review of LCAR's Non-Session Meeting Schedule


Thursday, May 27, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
9:05 AM

21-P02 - Agency of Education/Rules Governing the Licensing of Educators and the Preparation of Educational Professionals

(received 4/22/21) (LCAR's 45-day review period ends 6/6/21) Rule posted here: www.education.vermont.gov

  • Patrick Halladay, Division Director for Education Quality, Agency of Education
  • Erik Remmers, Chair, Vermont Standards Board for Professional Educators
9:30 AM

Committee Review of LCAR's Non-Session Meeting Schedule


Thursday, June 17, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
9:05 AM

21-E07 - Department of Corrections/Earned Good Time - Repeal of Emergency Rule

(received 5/12/21) (LCAR's 45-day review period ends 6/26/21) Rule posted here: https://doc.vermont.gov/policies-directives-and-rules

  • Anne Corbin, Department of Corrections
  • Monica Weeber, Director of Administrative Services, Department of Corrections
9:30 AM

20-P25 - Agency of Natural Resources/Clean Water Service Provider Rule

(received 5/25/21) (LCAR's 45-day review period ends 7/9/21) Rule posted here: https://dec.vermont.gov/water-investment/statues-rules-policies/act-76

  • Katelyn Ellermann, Attorney, Department of Environmental Conservation
  • Karen Freeman, Director of Conservation Programs, Vermont Housing and Conservation Board
  • Neil Kamman, Director, Water Investment Division, Department of Environmental Conservation
  • Chris Rottler, Department of Environmental Conservation
  • Mary Russ, Executive Director, White River Partnership
  • Holden Sparacino, Water Quality Programs Manager, Vermont Association of Conservation Districts
  • Bonnie Waninger, Executive Director, Central Vermont Regional Planning Commission

Thursday, July 1, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
9:05 AM

20-P25 - Agency of Natural Resources/Clean Water Service Provider Rule

(received 5/25/21) (LCAR's 45-day review period ends 7/9/21) Rule posted here: https://dec.vermont.gov/water-investment/statues-rules-policies/act-76

  • Katelyn Ellermann, Attorney, Department of Environmental Conservation
  • Neil Kamman, Director, Water Investment Division, Department of Environmental Conservation
  • Chris Rottler, Department of Environmental Conservation
9:25 AM

21-P05 - Agency of Human Services/HBEE Rule, General Provisions and Definitions (Part 1)

(received 6/4/21) (LCAR's 45-day review period end 7/19/21) Rule posted here: https://human services.vermont.gov/rules-policies/health-care-rules

  • Robin Chapman, Staff Attorney, Department of Vermont Health Access (DVHA)
  • Danielle Fuoco, Policy Analyst, Agency of Human Services
  • Sean Sheehan, Senior Policy and Implementation Analyst, Department of Vermont Health Access
9:35 AM

21-P06 - Agency of Human Services/HBEE Rule; Financial Methodologies (Part 5)

(received 6/4/21) (LCAR 45-day review period ends 7/19/21) Rule posted here: http://humanservices-vermont.gov/rules-policies/health-care-rules

  • Robin Chapman, Staff Attorney, Department of Vermont Health Access (DVHA)
  • Danielle Fuoco, Policy Analyst, Agency of Human Services
  • Sean Sheehan, Senior Policy and Implementation Analyst, Department of Vermont Health Access
9:45 AM

21-P07- HBEE Rule. Eligibility and Enrollment Procedures (Part 7)

(received 6/4/21) (LCAR's 45-day review period ends 7/19/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules

  • Robin Chapman, Staff Attorney, Department of Vermont Health Access (DVHA)
  • Danielle Fuoco, Policy Analyst, Agency of Human Services
  • Sean Sheehan, Senior Policy and Implementation Analyst, Department of Vermont Health Access
9:55 AM

21-P08 - Agency of Human Services/HBEE Rule State Fair Hearings and Expedited Eligibility Appeals (Part 8)

(received 6/4/21) (LCAR's 45-day review period ends 7/19/21) Rule posted here: httpss://humanservices.vermont.gov/rules-policies/health-care-rules

  • Robin Chapman, Staff Attorney, Department of Vermont Health Access (DVHA)
  • Danielle Fuoco, Policy Analyst, Agency of Human Services
  • Sean Sheehan, Senior Policy and Implementation Analyst, Department of Vermont Health Access
10:05 AM

21-P09 - Agency of Human Services/Home Health Services

(received 5/19/21) (LCAR's 45-day review period ends 7/3/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-rules-hcarules

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services
10:15 AM

21-P10 - Agency of Human Services/Durable Medical Equipment

(received 5/19/21) (LCAR's 45-day review period ends 7/3/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-rules-hcar

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services
10:25 AM

21-P11 - Agency of Human Services/Medical Supplies

(received 5/19/21) (LCAR's 45-day review period ends 7/3/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-rules-hcar

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services
10:35 AM

21-P12 - Agency of Human Services/Applied Behavior Analysis Services

(received 5/19/21) (LCAR's 45-day review period ends 7/3/21) Rule posted here: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-rules-hcar

  • Ashley Berliner, Director of Medicaid Policy, Agency of Human Services

Thursday, July 15, 2021
Meeting Details
Hearing Type
Standard
Meeting Record
10:05 AM

20-P21 - VOSHA Review Board/VOSHA Review Board Rules of Procedure

(received 6/15/21) (LCAR's 45-day review period ends 7/30/21) Rules posted here: https://voshaboard.vermont.gov

  • Dirk Anderson, General Counsel, Department of Labor
  • Carolyn Desche, Director, VOSHA Review Board
  • Leigh Keyser Phillips, Chair, VOSHA Review Board
11:00 AM

21-E08 - Department of Financial Regulation/Access to Health Care Services Related to COVID-19

(received 6/29/21) (LCAR's 45-day review period ends 8/15/21) Rule posted here: https://dfr.vermont.gov/about-us/legal-general-counsel/proposed-rules-and-public-comment

  • Sebastian Arduengo , Assistant General Counsel, Department of Financial Regulation
  • Gavin Boyles, General Counsel, Department of Financial Regulation