Committee Summary for JLCAR Administrative Rules (11/20/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:06:16.160 - 8:01:32 AM	General Working Session	Unclear

Unclear: Committee Chair Information Only00:06:16.160 - 8:01:32 AM; The chair opens the meeting with the pledge of allegiance, seats alternates, approves minutes, and approves the consent calendar.
Unclear: Representative Leon Information Only00:06:16.160 - 8:01:32 AM; Leads the pledge of allegiance.
Unclear: Representative Jackie Information Only00:06:16.160 - 8:01:32 AM; Moves to approve the minutes as written and presented.
Unclear: Representative Erica Information Only00:06:16.160 - 8:01:32 AM; Seconds the motion to approve the minutes.
Unclear: Representative Leo Information Only00:07:15.599 - 8:02:31 AM; Moves to approve the consent calendar as written and presented.
Unclear: Representative Lynn Information Only00:07:15.599 - 8:02:31 AM; Seconds the motion to approve the consent calendar.
Unclear: Staff Member Kim Information Only00:07:15.599 - 8:02:31 AM; Presents comments on Department of Environmental Services drinking water programs rule 2532, noting deletions in the final proposal that made the notice incorrect, including requirements moved to other rules like 2025200 and duplicative notifications for limited English proficiency. Suggests options like additional notice, postponement, or approval as is.
Unclear: Erin Johnson, DES Information Only00:09:23.839 - 8:04:39 AM; Responds that the deleted requirements exist in other rules, the rules were presented to the water council and regulated entities, and public hearings were held. Acknowledges the notice should have said minor amendments but believes proper notice was given.
Unclear: Unidentified Representative Information Only00:10:26.880 - 8:05:42 AM; Expresses inclination for another noticed hearing to involve the public more, as the initial summary was incorrect.
Unclear: Committee Chair Information Only00:11:25.120 - 8:06:41 AM; Seeks clarification that requirements have not changed, just relocated, and confirms with staff.
Unclear: Representative McGuire Support00:12:20.560 - 8:07:36 AM; Notes no changes to requirements, no public comments received, and argues against a new hearing as affected parties are aware.
Unclear: Representative Lynn Support00:12:20.560 - 8:07:36 AM; Moves to approve 2532.
Unclear: Unidentified Representative Support00:12:20.560 - 8:07:36 AM; With input, votes in favor of passing.
Unclear: Staff Attorney Reef Information Only00:13:23.040 - 8:08:39 AM; Presents informational comments on Division of Personnel rule 110, including definition of 'bumping', clarification on layoff review request, and exemption from 541A. Addresses unclear comment on vague language for appointing authority discretion in granting time off, giving example of nurses.
Unclear: Matt Mav George, Director of Personnel Information Only00:15:54.639 - 8:11:10 AM; Thanks staff for collaboration. Explains language aims to use seniority when employees are similarly situated and need coverage, allowing discretion if not equal, e.g., terminal illness.
Unclear: Attorney Kevin Buckley, DAS Information Only00:17:49.120 - 8:13:05 AM; Confirms this is existing language with no changes.
Unclear: Unidentified Representative Information Only00:17:49.120 - 8:13:05 AM; Seeks clarification that this codifies existing practice of using seniority.
Unclear: Unidentified Representative Information Only00:18:50.160 - 8:14:06 AM; Asks if language allows exceptions beyond seniority, like for a child with terminal diagnosis.
Unclear: Representative Gro Support00:19:41.679 - 8:14:57 AM; Moves to approve 2510.
Unclear: Staff Attorney Reef Information Only00:19:41.679 - 8:14:57 AM; Presents comments on rule 108 concerning seniority, performance evaluation, and compensation. Notes oversight on checkbox language to strike and unclear comments on overlapping evaluation categories like facilitation and communication.
Unclear: Attorney Kevin Buckley, DAS Information Only00:22:56.320 - 8:18:12 AM; Agrees to strike checkbox language. Explains categories may overlap but are assigned to primary ones, ensuring evaluation.
Unclear: Joanne Leidk, Division of Personnel Information Only00:23:25.360 - 8:18:41 AM; Describes template guide used for 10 years successfully, based on categories, modifiable with DOP approval without changing substance. No issues from unions or agencies.
Unclear: Unidentified Representative Information Only00:24:32.159 - 8:19:48 AM; Questions if evaluations are compared across agencies and potential for inconsistent interpretation impacting employees or funding.
Unclear: Unidentified Representative Information Only00:25:31.840 - 8:20:47 AM; Expresses concern over ambiguity and potential inconsistent form filling across agencies.
Unclear: Unidentified Representative Information Only00:27:40.960 - 8:22:56 AM; Seeks clarification on template modifications, concerned about consistency and 'oral rulemaking'.
Unclear: Senator Ren Support00:29:43.200 - 8:24:59 AM; Moves for conditional approval striking checkbox language on pages six and seven.
Unclear: Staff Attorney Reef Information Only00:30:52.000 - 8:26:08 AM; Presents unclear comments on rule 109 regarding investigations and discipline. Suggests clarifying license suspension over 30 days for termination and distinguishing sexual harassment language for termination vs. lesser discipline.
Unclear: Attorney Kevin Buckley, DAS Information Only00:33:00.320 - 8:28:16 AM; Agrees to add language for suspensions over 30 days. Argues sexual harassment language should remain as is, criteria in 103.03 guide discretion based on severity, impact, and history.
Unclear: Unidentified Representative Information Only00:36:46.240 - 8:32:02 AM; Expresses concern over non-verbal conduct like looking up and down potentially leading to termination, hopes passive actions require pattern.
Unclear: Senator Reen Support00:38:37.119 - 8:33:53 AM; Moves for conditional approval adding suggested language.
Unclear: Staff Member Information Only00:38:37.119 - 8:33:53 AM; Presents issue with DHHS interim rule 2516 (HC 6420) citing expired rule HC 6355, unclear implementation.
Unclear: Nicole Valenzola, DHHS Information Only00:39:46.640 - 8:35:02 AM; Confirms 6355 expired but department continues payments business as usual. 6420 points to 6350 and 6355; important for residential programs. Drafting reimplementation.
Unclear: Unidentified Representative Oppose00:40:46.320 - 8:36:02 AM; Criticizes failure to complete rulemaking on expired interim rule, creating conflict.
Unclear: Unidentified Representative Information Only00:41:33.599 - 8:36:49 AM; Raises concern over citing undated federal rules, ensuring legislative approval under state constitution.
Unclear: Committee Chair Information Only00:42:51.200 - 8:38:07 AM; Notes federal rules apply under supremacy clause if authorized.
Unclear: Unidentified Representative Information Only00:43:57.599 - 8:39:13 AM; Shares concerns on federal rulemaking process lacking control, high risk of overreach.
Unclear: Unidentified Representative Information Only00:44:52.800 - 8:40:08 AM; Emphasizes state enforcement of unapproved federal rules; suggests citing CFR as of a date. Concerns Medicaid error rate impacting federal funds if rule not approved.
Unclear: Unidentified Representative Support00:45:52.000 - 8:41:08 AM; Notes federal citations common in rules; questions continuing implementation of expired rule.
Unclear: Representative Lind Information Only00:46:49.680 - 8:42:05 AM; Acknowledges difficulty challenging federal rules; presumptively valid unless challenged successfully.
Unclear: Unidentified Representative Support00:50:39.200 - 8:45:55 AM; Moves for conditional approval, understanding agency may bring emergency rule for referenced fees.
Unclear: Staff Member Information Only00:51:44.880 - 8:47:00 AM; Presents DNCR rule 25169 on burning brush, noting prohibition on >5 inch diameter moved to permit restrictions. References director's memo on authority for air standards compliance.
Unclear: Steve Charman, Chief of Forest Protection Bureau Information Only00:52:52.640 - 8:48:08 AM; No further comment initially; later explains enforcement: maximum 5 inch diameter, measured by ruler or eye, common sense for variances, splitting allowed, aligns with DES since 1970s for wildfire and air quality.
Unclear: Unidentified Representative Oppose00:53:59.359 - 8:49:15 AM; After review, cannot support categorical ban on >5 inch wood; risk only if wet/smoldering, not always a problem.
Unclear: Unidentified Representative Information Only00:55:14.160 - 8:50:30 AM; Questions enforcement details: maximum diameter, measurement, tolerance for irregular brush.
Unclear: Unidentified Representative Oppose01:09:09.600 - 9:04:25 AM; Objects due to inability to enforce fairly; undefined criteria, eyeballing, personal bias risk.
Unclear: Unidentified Representative Information Only01:00:51.119 - 8:56:07 AM; Asks if other process to burn >5 inch wood, e.g., for large landowners; confirms no, only via statute change or judicial challenge.
Unclear: Representative Lyn Information Only01:03:26.799 - 8:58:42 AM; Clarifies readoption assumes baseline unless objected; not binding.
Unclear: Unidentified Representative Information Only01:04:30.640 - 8:59:46 AM; Asks if 5 inch rule controversial historically; chief reports no complaints since 1997.
Unclear: Representative McGuire Information Only01:05:50.400 - 9:01:06 AM; Concerns on enforcement of fires/bonfires; chief explains permit discussions, inspections, education-based.
Unclear: Committee Chair Support01:07:00.000 - 9:02:16 AM; Confirms statutory authority broad, no specific size; regulation for wildfire protection and air quality. Moves to approve 169, suggests future consideration for exceptions.
Unclear: Committee Chair Information Only01:09:55.120 - 9:05:11 AM; The chair announces the approval of the rule by voice vote and moves to other business, presenting tentative meeting dates for the committee to approve. The chair notes that meetings will continue in the current room for the next year. After a motion and second, the chair calls for a vote to approve the meeting dates, which passes unanimously. The chair then asks if there is any other business before adjourning.
Unclear: Representative (Unnamed) Information Only01:10:10.000 - 9:05:26 AM; The representative moves to approve the meeting dates.
Unclear: Representative Lelayon Information Only01:10:20.000 - 9:05:36 AM; The representative seconds the motion to approve the meeting dates.
Unclear: Mr. (Unnamed) Information Only01:11:01.120 - 9:06:17 AM; The member suggests that continued meetings on the tentative dates should only be held when specifically authorized by the chair, rather than as a normal rule, noting that they haven't been needed in several years. They propose referencing the earlier approval language about scheduling by the call of the chair to avoid having to cancel them every meeting.