The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 6, 2000 at 2:00 PM, in Room 149 of the Capitol Annex. Representative John Arnold, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: John Arnold, Chairman; Senators Marshall Long, Richard Roeding, and Joey Pendleton; Representatives Woody Allen and Jimmie Lee.
Guests: David Terry, Wilbur Frye, University of Kentucky; Susan Blake, John Patterson, Office of Attorney General; Michael A. Mone', Board of Pharmacy; Larry Perkins, Board of Professional Engineers and Land Surveyors; Mark Mangeot, Natural Resources and Environmental Protection Cabinet; Keith Horn, Department of Juvenile Justice; Tamela Biggs, Brenda Priestley, Department of Corrections; Charlie Harman, Transportation Cabinet; Vera Frazer, Chuck McGuire, Martha B. Graves, Gina Oney, Ruthanne Boyles, Fran Hawkins, Marvin Miller, James Carreer, Stuart Owen, Carol Stange, Alex Reese, Connie Barker, Karen Doyle, Mike Townsend, Kelly Ranvier, Trish Howard, Marion Guarnieri, Mike Littlefield, Cabinet for Health Services; Rosanne Barkley, Stephanie Brammer-Barnes, Virginia K. Smith, Cliff Jennings, Cabinet for Families and Children; Moriah Lloyd, Tony Gietzl, Theodore M. Godlaski, University of Kentucky; Joseph Barkley; Scott Criscillis; Pat Hicks, Kentucky Grocers Association; Bill Criscillis; Tommy Beckley, Bonnie Anglin, Jessica Anglin, Am Bell, Child Laws and Social Awareness; Oliver Barber, Fox Hollow; Wade Helm, Kentucky Conservatives Committee; Rebeckah Freeman, Kentucky Farm Bureau; Carl Breeding, AIK; Bob Barnett, Kentucky Pharmacists Association.
LRC Staff: Dave Nicholas, Donna Little, Stephen Lynn, Susan Wunderlich, Angela Phillips, Donna Valencia, Ellen Benzing.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Office of Attorney General: Child Sexual Abuse and Exploitation Prevention Board: Victims Advocacy Division: Kentucky Victim and Witness Protection Program
40 KAR 6:020 & E. Funding assistance for child sexual abuse medical examinations. Susan Blake, Director, Victims Advocacy Division, and John Patterson, Victims Advocacy Division, represented the Board. Tommy Beckley, Bonnie Anglin, and Jessica Anglin, Child Laws and Social Awareness, spoke in opposition to this administrative regulation.
Subcommittee staff stated that: (1) this administrative regulation, as amended, was deferred from the Subcommittee’s February 8, 2000 Meeting, to allow time to refer the issues raised by certain terms (believed, suspected, and victims) used in the authorizing statutes to the appropriate committee for action during the 2000 Regular Session; (2) the agency had proposed an amendment to: (a) delete those terms from this administrative regulation; and (b) comply with the statutory requirements.
Mr. Beckley stated that his organization: (1) did not agree with the suggested amendment; (2) believed the amendment: (a) made the problem worse; (b) merely changed the wording to delete the objectionable language; and (c) did not change the intent of either the statute or this administrative regulation; (3) wanted the applicable statutes amended to correct the problems; (4) was working with some senators to amend the applicable statutes; and (5) did not believe funding should be applied until the statutory problems were resolved.
Ms. Blake stated that: (1) the sole issue before the Subcommittee was the approval of this administrative regulation, which authorized payment for medical examinations for alleged victims of child abuse; (2) the statute allowed the payment for medical examinations; and (3) this administrative regulation complied with the statutory requirements.
Chairman Arnold stated that: (1) Mr. Beckley’s concerns: (a) involved the applicable statutes; and (b) did not involve this administrative regulation; (2) this administrative regulation was necessary to permit the Division to comply with statutory requirements; (3) Mr. Beckley should lobby the General Assembly for an amendment to the applicable statutes; and (4) if the statutes were amended, the agency would be required to amend this administrative regulation to comply with the new statutory changes.
Subcommittee staff stated that: (1) the Division was required to promulgate this administrative regulation; and (2) this administrative regulation complied with applicable statutory authority.
In response to questions by Senator Pendleton, Mr. Beckley stated that: (1) his organization had: (a) talked with several senators regarding an amendment to the law; (b) attempted to reach Senator Pendleton; (c) contacted a circuit court judge regarding a court challenge to the law; and (d) been informed that: 1. it was too late to introduce new bills in the 2000 Regular Session; and 2. the earliest date his proposal could be considered would be in 2002; (2) violations of the law were occurring; and (3) people who approved funding for these violations were participants in the violations and abuse.
Senator Pendleton stated that: (1) the Division was required by current statutory law to promulgate this administrative regulation; (2) a law could be changed only through the legislative process after the drafting of a bill; and (3) because a bill had not been filed before the established deadline for the 2000 Regular Session, the statute could not be amended until the 2002 Regular Session.
Ms. Blake stated that: (1) the medical examinations program was funded by donations that exceeded the cost of a license plate; and (2) the program was not funded by general fund dollars.
In response to questions by Representative Lee, Mr. Beckley stated that: (1) he understood that, if the Subcommittee approved a motion to find this administrative regulation deficient this administrative regulation would: (a) still become effective; and (b) not have Subcommittee approval; (2) the members were elected to represent the citizens, who wanted to know how the members responded to issues; and (3) Jessica Anglin could testify regarding their opposition to the funding mechanism based on her experiences with the Department for Social Services.
Representative Lee stated that Mr. Beckley should have presented this issue to the General Assembly during the interim period to allow legislation to be introduced for the 2000 Regular Session.
In response to a question by Representative Lee, Mr. Beckley stated that: (1) his organization: (a) did not realize the results of the applicable statutes until recently; and (b) was a new organization in Kentucky; and (2) the statutes presented major problems that people did not want to address because of the influence of the Department of Social Services.
Ms. Anglin stated that: (1) the bottom line was protection of the children; (2) as a mother and former engineer, not an attorney, she and Jessica Anglin were concerned about the children from abusers and those who allegedly protect children; and (3) because the applicable statutes and funding mechanisms promoted child sexual abuse, this administrative regulation also advanced child sexual abuse.
Ms. Blake stated that: (1) KRS 15.935: (a) statutorily provided for the payments for the examinations; and (b) was determined to be constitutional by the Attorney General; (2) the opinion of the Attorney General stated that the statute: (a) was valid and constitutional; and (b) did not require that someone be convicted of an offense before there could be a victim; (3) this administrative regulation: (a) involved payments for the medical examinations; and (b) did not involve the social services investigatory process or prosecution process.
Chairman Arnold stated that: (1) while he understood the issue raised by Mr. Beckley and Ms. Anglin, the Subcommittee did not have the authority to prevent the statutory provisions from taking effect; (2) a statute could be amended only through action of the General Assembly; (3) if the statutes were amended, the agency would be required to amend this administrative regulation to comply with the new statutory changes; and (4) the funding would continue under existing law, even if this administrative regulation were found deficient.
Representative Allen stated that: (1) because of the amount of time required to pass legislation, Mr. Beckley’s organization should work during the interim to locate a sponsor for legislation during the 2002 Regular Session; (2) most of the bills that have been considered by the General Assembly had been worked on for two (2) years; and (3) while he was sorry to say that it took such a long period of time, the legislative process was time-consuming.
Ms. Anglin stated that: (1) while she realized the way government normally worked, she had hoped that this emergency situation could still be addressed; and (2) protection of the children should be a top priority for everyone.
Jessica Anglin stated that: (1) during her examination, she: (a) had cameras looking at her; and (b) was given blankets to prevent her from telling others what occurred; and (2) the examination: (a) was not nice; and (b) should not be done to other people.
Rep. Allen stated that: (1) while he understood the problem, the Subcommittee was sworn to: (a) uphold the Constitution; and (b) follow the laws of Kentucky; and (2) if members of the General Assembly did not follow the law and set an example, nobody would follow the law.
In response to a question by Ms. Anglin, Subcommittee staff stated that: (1) under Kentucky law, there was a presumption that legislation enacted by the General Assembly was legal and constitutional until successfully challenged; (2) while it appeared that the Subcommittee sympathized with their concerns, the Subcommittee was restricted in its available options; and (3) until the General Assembly amended the law, the law would remain in effect until an appellate court determined the law unconstitutional based on a court challenge.
Mr. Beckley stated that while this administrative regulation would still go into effect, he wanted this administrative regulation to become effective without the approval of the Subcommittee.
Ms. Blake stated that the Subcommittee should approve this administrative regulation because: (1) the statute was: (a) in effect; and (b) presumed to be valid; and (2) this administrative regulation followed the requirements of the statute regarding payment of medical examinations.
Chairman Arnold stated that: (1) the Subcommittee was required to follow the statutes; (2) he would be willing to help change the law; (3) while he did not like what happened to Jessica Anglin, two options existed: (a) a court case could be filed to challenge the law; or (b) the next eighteen months could be used to prepare legislation for the 2002 Regular Session.
Subcommittee staff stated that: (1) the Subcommittee did not have the authority to disobey the Kentucky statutes; (2) the duties of the Subcommittee to approve administrative regulations was secondary to the statutes; and (3) the statutes clearly authorized this administrative regulation.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to delete the terms “victim” and “suspected”; and (2) Section 4(1) was amended to delete the term “believed”.
Board of Pharmacy
201 KAR 2:030. License transfer. Michael A. Moné, Executive Director, represented the Board.
This administrative regulation was amended as follows: (1) Section 1 was amended to alphabetize the definitions; and (2) Section 2 was amended to comply with the drafting requirements of KRS 13A.222(4).
Board of Registration for Professional Engineers and Land Surveyors
201 KAR 18:040. Fees. Larry S. Perkins, Executive Director, represented the Board.
In response to questions by Senator Roeding, Mr. Perkins stated that: (1) in the previous fiscal year, the Board did not return any money to the general fund; (2) the Board’s budget rolled over from one year to the next; (3) the board was approximately $40,000 under budget; (4) the new fees established in this administrative regulation: (a) would raise about $250,000; and (b) were needed because the board was not receiving as much money as was being spent; (5) even though the board had not raised fees in eight years, its expenses had increased each year without an increase in income; (6) because the board renewed licenses in May and June, the ending balance varied depending on the date the renewal notices were distributed; (7) in 1998, the board had: (a) revenue of $851,000; and (b) expenditures of $905,000; (8) in 1997, the board had: (a) revenue of $753,000; and (b) expenditures of $901,000; (9) over the last four (4) years, the board had total: (a) revenue of $3,340,000; and (b) expenditures of $3,500,000; (10) the examination fees paid by the board had increased; and (11) the Governor’s Office of Policy and Management had advised the board to restructure its fee system because the board was spending more than its income.
In response to questions by Representative Lee, Mr. Perkins stated that over the last five months, the Board: (1) conducted a study to determine an equitable fee schedule for its licensees; (2) increased four fees because the examination costs charged to the Board had increased; (3) decreased three fees because the study showed the decrease was affordable; (4) increased from $45 to $75 the annual renewal fee, which was collected biannually; and (5) projected that this fee schedule would be effective for four (4) years.
Representative Lee stated that: (1) he was not questioning the need for the fee increases but the length of time between the increases; and (2) a business would: (a) not wait ten (10) years to make changes needed to meet its rising costs; and (b) adjust its prices on a regular basis.
In response to questions by Senator Roeding, Mr. Perkins stated that: (1) the board’s reciprocity fee was the same as, or lower than, the fee amount charged by surrounding states; and (2) Texas charged a $600 fee.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct statutory citations; and (2) Section 2(3) was amended to correct statutory citations.
The Subcommittee approved this administrative regulation as amended, with Senator Roeding voting against approval.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:130. Western Kentucky Correctional Complex. Tamela Biggs, Staff Attorney, represented the Cabinet. WKCC 01-08-01 was amended to comply with the drafting requirements of KRS 13A.222(4).
501 KAR 6:170. Green River Correctional Complex. This administrative regulation was amended to comply with the drafting requirements of KRS 13A.222(4).
501 KAR 6:999. Corrections secured policies and procedures. Pursuant to KRS 61.815(2) and KRS 61.810(1)(i) and (k), and KRS 197.025(5), the Subcommittee went into closed session to review 501 KAR 6:999, Secured policies and procedures.
Cabinet for Health Services: Department for Medicaid Services: Division of Adult and Child Health: Maternal and Child Health
902 KAR 4:040 & E. Special Supplemental Nutrition Program for Women, Infants and Children (WIC). James Carreer, Commissioner’s Office, Ruthann Boyles, and Fran Hawkins, represented the Department.
In response to a question by Senator Roeding, Ms. Hawkins stated that: (1) this administrative regulation did not require the department to obtain a quote from milk suppliers for the WIC program; (2) the federal regulation established the requirement; and (3) Kentucky had one of the lowest rebates in the nation, which was checked one month ago.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 through 17 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4); (3) Section 1 was amended to: (a) cross-reference applicable statutory definitions; and (b) add needed definitions; (4) Section 2, which established the purpose of this administrative regulation, was deleted because those provisions were included in the NECESSITY, FUNCTION, AND CONFORMITY paragraph; (5) Section 11 was amended to prohibit the WIC program from authorizing a store that had attempted to circumvent a period of disqualification from the program; and (6) Section 13 was amended to revise the penalty provisions to comply with applicable federal and state law.
Department for Medicaid Services: Medicaid Services
907 KAR 1:155 & E. Payments for supports for community living services for individuals with mental retardation or developmental disabilities. Karen Doyle, Commissioner’s Office, and Vera Frazer represented the Department.
In response to questions by Senator Roeding, Ms. Frazer stated that: (1) the amendment corrected a typographical error in Section 9 to increase the applicable payment rates by three and one-half percent, rather than three-percent; and (2) Section 9 did not apply until July 2000.
Subcommittee staff stated that: (1) the payment rates were established in: (a) Section 8 for the current fiscal year; and (b) Section 9 for fiscal year 2000; and (2) the rate was supposed to be the same amount for each fiscal year.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 5, 6, 8, 9, and 10 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4); (3) Section 1 was amended to define “annualized upper limit”; (4) Sections 1 and 3 were amended to require submission of the financial information listing with the cost report; (5) Section 3 was amended to cross-reference applicable administrative regulations; (6) Sections 3, 8, and 9 were amended to correct applicable dates; (7) Section 8 was amended to establish requirements for arraying payment rates to determine the median rate for each service; (8) Section 9 was amended to increase applicable payment rates by three and one-half percent, rather than three percent; (9) a new section was created to establish requirements for compliance with the federal imposed minimum wage increase; and (10) Section 10 was amended to incorporate by reference required forms.
Department for Mental Health and Mental Retardation Services: Division of Substance Abuse
908 KAR 1:310. Certification standards and administrative procedures for driving under the influence programs. Mike Townsend, Director, Marion Guarnieri, and Carol Stange represented the Department.
In response to questions by Senator Roeding, Mr. Townsend stated that: (1) a defendant paid the fees for service delivery, which were based on the defendant’s ability to pay for the treatment and education program; (2) he did not know the graduation percentage; (3) if a defendant did not graduate from a program, the defendant: (a) was remanded to court; and (b) could not receive his driver’s license until the defendant had successfully completed an education or treatment program; and (4) the treatment program for: (a) a second offender was one year; and (b) a first offender was ninety (90) days of either education or treatment.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 1 through 10 were amended to: (a) conform to the applicable requirements established in 908 KAR 1:370; and (b) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (4) Section 1 was amended to: (a) cross-reference applicable statutory definitions; (b) alphabetize definitions; and (c) conform to the definitions established in 908 KAR 1:370; (5) Section 3 was amended to: (a) specify the name of the required application forms; and (b) establish the requirements for certification as a clinical services supervisor, including grandfathering provisions for current clinical services supervisors; (6) Section 4 was amended to establish the requirements for certification and renewal as an assessor or instructor, including grandfathering provisions for current assessors or instructors; (7) Section 5 was amended to require the division to give two weeks written notice prior to the date of an announced program review; (8) Section 6 was amended to: (a) specify the applicable requirements during the six month transitional period; and (b) establish requirements governing out-of-state programs; (9) Section 7 was amended to: (a) specify the applicable requirements during the six month transitional period; and (b) establish applicable delivery standards, including: 1. a limit of three hours per day and three times per week; and 2. the required sequence of courses for first offenders and for multiple offenders; and (10) Section 10 was amended to update the material incorporated by reference to conform to the amendments made to this administrative regulation.
908 KAR 1:311. Repeal of 908 KAR 1:010, 908 KAR 1:020, 908 KAR 1:030, 908 KAR 1:040, 908 KAR 1:050, 908 KAR 1:060, 908 KAR 1:070, 908 KAR 1:080, 908 KAR 1:090, 908 KAR 1:100, 908 KAR 1:110, 908 KAR 1:120, 908 KAR 1:130, 908 KAR 1:140, 908 KAR 1:150, 908 KAR 1:160, 908 KAR 1:170, 908 KAR 1:180, 908 KAR 1:190, 908 KAR 1:200, 908 KAR 1:210, 908 KAR 1:220, 908 KAR 1:230, 908 KAR 1:240, 908 KAR 1:250, and 908 KAR 1:260. This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Section 1 was amended to include the titles of the administrative regulations being repealed.
908 KAR 1:370. Licensing procedures and standards for persons and agencies operating alcohol and other drug abuse treatment programs. In response to questions by Chairman Arnold, Mr. Townsend stated that: (1) this administrative regulation governed the licensing of outpatient or residential treatment programs that were offered outside of a hospital setting for chemical dependency; (2) some programs, including the network of community mental health centers, were funded through the Cabinet for Health Services and its affiliated agencies; and (3) a private practitioner who wanted to provide treatment for substance abuse was required to be licensed under this administrative regulation.
This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 1 through 17 were amended to: (a) conform to the applicable requirements established in 908 KAR 1:310; (b) delete provisions applicable to halfway houses; and (c) comply with the: 1. format requirements of KRS 13A.220(4); and 2. drafting requirements of KRS 13A.222(4); (4) Section 1 was amended to: (a) cross-reference applicable statutory definitions; (b) alphabetize definitions; (c) delete superfluous definitions for terms not used in this administrative regulation; and (d) conform to the definitions established in 908 KAR 1:310; (5) Section 2 was amended to: (a) establish the licensing requirements for an alcohol and other drug abuse treatment entity (AODE); and (b) specify the name of the required forms; (6) Section 3 was amended to conform to the administrative hearing requirements established in KRS Chapter 13B; (7) Section 4 was amended to establish to requirements for the physical plant, including state fire marshal approval; (8) Sections 5 and 7 were amended to delete requirements that are no longer applicable relating to personnel policies; (9) Section 7 was amended to require a system to effectively respond to problems associated with domestic violence among clients served in the AODE; (10) Section 8 was amended to establish the requirements for certification as a clinical services supervisor or clinician, including grandfathering provisions for current clinical services supervisors; (11) Sections 13 and 14 were amended to establish the requirements for a residential transitional living program; and (12) a new Section 16 was created to incorporate by reference the required forms.
Cabinet for Families and Children: Department for Community Based Services: Division of Policy Development: Child Welfare
922 KAR 1:100. Agency adoptions. Cliff Jennings represented the Department.
In response to questions by Senator Roeding, Mr. Jennings stated that: (1) this administrative regulation: (a) established procedures for the adoption of children committed to the Cabinet for Families and Children when the child’s parents had their parental rights terminated; and (b) conformed to the Adoption and Safe Families Act; and (2) the agency adoption process was: (a) included in the training and instructional material for agency staff; and (b) available on the Internet.
In response to a question by Chairman Arnold, Mr. Jennings stated that this administrative regulation: (1) clearly established the process and procedures for adoptions to occur after the parental rights had been terminated; and (2) applied to those children whose rights had been terminated through a court.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (2) the requirements for an “adoptive home study” were deleted from Section 1, the definition section, and inserted in Section 6.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Agricultural Experiment Station: University of Kentucky: Division of Regulatory Services: Fertilizer
12 KAR 4:170. Maximum chlorine guarantee for tobacco fertilizers. Dr. Wilbur Frye, Director, Regulatory Services, and Dr. David Terry, Coordinator, Fertilizer Regulatory Program, represented the University.
Justice Cabinet: Department of Juvenile Justice: Juvenile Detention Facilities
500 KAR 6:011. Repeal of 500 KAR 6:010, 6:020, 6:030, 6:040, 6:050, 6:060, 6:070, 6:080, 6:090, 6:100, 6:110, 6:120, 6:130, 6:140, 6:150, 6:160, 6:170, 6:180, 6:190, 6:200, 6:210, and 6:220, juvenile detention facilities. Keith Horn, Attorney, represented the Department.
The Subcommittee and promulgating administrative bodies agreed to defer consideration of the following administrative regulations to the March 6, 2000 meeting of the Subcommittee:
Personnel Cabinet: Classified
101 KAR 2:102E. Classified leave administrative regulations.
Unclassified
101 KAR 3:015E. Leave administrative regulations for the unclassified service.
Finance and Administration Cabinet: Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:010E. Definitions for 202 KAR Chapter 6.
202 KAR 6:020E. CMRS carrier cost recovery.
202 KAR 6:030E. Confidential and proprietary information.
202 KAR 6:040E. Dispute resolution.
202 KAR 6:050E. PSAP certification.
202 KAR 6:060E. PSAP Pro Rata Fund disbursement.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:222E. Waterfowl hunting requirements.
301 KAR 2:226E. Youth waterfowl hunting season.
Justice Cabinet: Department of Corrections: Jail Standards for Full-Service Facilities
Tamela Biggs, Staff Attorney, represented the Department.
In response to a question by Senator Roeding, Ms. Biggs stated that: (1) the statute required the Department to promulgate these administrative regulations relating to jails upon the recommendations of the Jail Standards Commission and the fiscal courts; (2) the Department was: (a) not authorized to agree to the amendments; and (b) required to take the suggested amendments back to the Jail Standards Commission for approval; and (3) the Jail Standards Commission was composed of jailers.
Subcommittee staff stated that: (1) the Jail Standards Commission was scheduled to meet on March 16, 2000, to approve the amendments recommended by Subcommittee staff to bring these administrative regulations into compliance with applicable statutory and case law; and (2) because agency approval would not be obtained until its meeting next week, Subcommittee staff had asked the Subcommittee to request deferral of these administrative regulations to avoid the effect of KRS 13A.333(4), which provided that if deferral of an administrative regulation at the request of an administrative body would result in its adoption after adjournment of a regular session of the General Assembly, it shall expire on adjournment of that regular session of the General Assembly.
Ms. Biggs stated that the Department would agree to a request by the Subcommittee to defer consideration of these administrative regulations.
The Subcommittee approved a motion by Senator Roeding, seconded by Senator Pendleton, to defer consideration of these administrative regulations (501 KAR 3:010 through 501 KAR 10:140).
501 KAR 3:010. Definitions.
501 KAR 3:040. Personnel.
501 KAR 3:060. Security; control.
501 KAR 3:070. Safety; emergency procedures.
501 KAR 3:110. Classification.
501 KAR 3:120. Admission; release.
501 KAR 3:140. Inmate rights.
Restricted Custody Center
501 KAR 7:010. Definitions.
501 KAR 7:020. Administration; management.
501 KAR 7:040. Personnel.
501 KAR 7:050. Physical plant.
501 KAR 7:060. Security; control.
501 KAR 7:080. Sanitation; hygiene.
501 KAR 7:120. Admission; release.
501 KAR 7:140. Inmate rights.
Direct Supervision for Full-Service Jails
501 KAR 10:010. Definitions.
501 KAR 10:040. Personnel.
501 KAR 10:060. Security; control.
501 KAR 10:070. Safety; emergency procedures.
501 KAR 10:110. Classification.
501 KAR 10:120. Admission; release.
501 KAR 10:140. Inmate rights.
Department of Juvenile Justice: Child Welfare
505 KAR 1:090E. Supervised placement revocation.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:018. Special overweight or overdimensional permits. Charlie Harman represented the Department.
Mr. Harman stated that the Department: (1) had promulgated an administrative regulation to repeal existing administrative regulations that involved the same subject matter as this administrative regulation; and (2) would agree to a request by the Subcommittee to defer consideration of this administrative regulation.
The Subcommittee approved a motion by Representative Lee, seconded by Senator Pendleton, to defer consideration of this administrative regulation.
Cabinet For Health Services: Department for Medicaid Services
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:023. Review and approval of selected therapies as ancillary services in nursing facilities. Karen Doyle, Commissioner’s Office, represented the Department.
Subcommittee staff stated that the Department for Medicaid Services: (1) was notified by a provider on Friday regarding an issue relating to this administrative regulation; and (2) needed additional time to meet with the provider and appropriate medical experts to resolve the issue.
Ms. Doyle stated that the Department would agree to a request by the Subcommittee to defer consideration of this administrative regulation.
The Subcommittee approved a motion by Senator Roeding, seconded by Senator Pendleton, to defer consideration of this administrative regulation.
907 KAR 1:044E. Mental health center services.
907 KAR 1:070E. Homecare waiver services.
907 KAR 1:072E. Payments for homecare waiver services.
907 KAR 1:090E. Personal care assistance waiver services.
907 KAR 1:092E. Payments for personal care assistance waiver services.
Payment and Services
907 KAR 3:110E. Community mental health center substance abuse services.
Kentucky Children's Health Insurance Program
907 KAR 4:030E. Kentucky Children's Health Insurance Program Phase III Title XXI of the Social Security Act.
Cabinet for Families and Children: Department for Community Based Services: Division of Policy Development: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:006E. Technical requirements for the Kentucky Transitional Assistance Program (K-TAP).
921 KAR 2:015E. Supplemental programs for persons who are aged, blind, or have a disability.
921 KAR 2:016E. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP).
921 KAR 2:017E. Kentucky Works supportive services.
921 KAR 2:370E. Technical requirements for Kentucky Works.
Department for Social Insurance: Division of Management & Development: Food Stamp Program
921 KAR 3:020E. Financial requirements.
921 KAR 3:030E. Application process.
The Subcommittee adjourned at 3:30 p.m. until April 11, 2000, at 10 a.m. in Room 149 of the Capitol Annex.