The March meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, March 7, 2001, at 9:30 AM, in Room 131 of the Capitol Annex. Representative John Arnold Jr., Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative John Arnold Jr., Chair; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives James Bruce and Jimmie Lee.
Guests: Jill LeMaster, Executive Branch Ethics Commission; J. Michael Noyes, Office of Attorney General; Eddie Mattingly, Revenue Cabinet; Angela Robinson, Ed Ross, Finance and Administration Cabinet; Norman Brown, Jeff Blair, Real Estate Commission; Nancy L. Black, James Grawe, Board of Professional Counselors and Board of Ophthalmic Dispensers; Granville C. Smith, Board of Ophthalmic Dispensers; Larry Sexton, Board of Professional Counselors; Becky Klusch, Board of Physical Therapy; Mark Farrow, Larry Hatfield, Randy Wise, Department of Agriculture; Jack Wilson, Natural Resources and Environmental Protection Cabinet; Hollie Spade, Transportation Cabinet; Kevin Noland, Charles Edwards, Board of Education; Carrie Bonahan, Char Hummel, Ralph Von Derau, Department of insurance; William E. Doyle, Department of Financial Institutions; Judith Walden, Department of Housing, Buildings and Construction; Mike Littlefield, Alex Reese, Colleen Ryall, Bob Nelson, Cabinet for Health Services; Dot Darby-Paschall, Baptist Healthcare System; Carl Breeding, AWWA; Ronny Pryor, LifePoint Hospitals, Inc.; William C. Duff, Society of Dispensing Opticians of Kentucky; Dan Lindblade, Glenn Acree, Kentucky Association of Realtors.
LRC Staff: Dave Nicholas, Donna Little, Edna Lowery, Ellen Benzing, Susan Wunderlich, Donna Valencia, Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Executive Branch Ethics Commission
9 KAR 1:010. Statement of financial disclosure. Jill LeMaster, Executive Director, represented the Commission.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 3 was amended to comply with the drafting requirements of KRS 13A.2251; and (3) the material incorporated by reference was amended to comply with the drafting and format requirements of KRS Chapter 13A.
9 KAR 1:015. Preadministrative proceedings. This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 2 through 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
9 KAR 1:040. Registration and expenditure statements; financial transactions and termination forms; handbook; and enforcement. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 3, and 4 and the material incorporated by reference were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Office Of The Attorney General: Department of Law
40 KAR 1:080. Child Support "Most Wanted" Program. Michael Noyes, Attorney General’s Office, represented the Department.
This administrative regulation was amended as follows: Sections 2 and 4 were amended to comply with the drafting requirements of KRS 13A.222(4)(b).
Revenue Cabinet: General Administration
103 KAR 1:050. Forms manual. Eddie Mattingly, Division of Tax Policy, represented the Cabinet.
This administrative regulation was amended as follows: (1) Sections 8, 14, and 19 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 19 was amended to update the edition dates on the material incorporated by reference.
Finance And Administration Cabinet: Travel Expense and Reimbursement
200 KAR 2:006. Employees' reimbursement for travel. Ed Ross, State Controller, and Angela Robinson, Assistant General Counsel, represented the Cabinet.
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) Sections 4, 5, 7, 10, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Real Estate Commission
201 KAR 11:045. Written offers to be submitted to owner-client. Jeff Blair, General Counsel, represented the Commission.
This administrative regulation was amended as follows: Sections 1 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:090. Instruments prepared by broker, disposition. This administrative regulation was amended as follows: Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:121. Improper conduct. This administrative regulation was amended as follows: Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:135. Salesman's obtaining broker's license. This administrative regulation was amended as follows: (1) the TITLE was amended to properly reflect the content of this administrative regulation; and (2) Section 1 was amended to clarify that the Commission may seek a criminal indictment instead of assessing criminal penalties.
201 KAR 11:145. Salesman's duties when terminating affiliation with broker. This administrative regulation was amended as follows: Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:170. Private school approval. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; and (2) Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:190. Rules of practice and procedure before the Kentucky Real Estate Commission. 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) Section 1 was amended to: (a) delete provisions that repeated or summarized applicable statutes, as required by KRS 13A.120(2)(e) and (f); and (b) specify when to use the required form; (4) Section 5 was amended to correct the edition date of the material incorporated by reference; and (5) the material incorporated by reference was amended to: (a) correct typographical errors; (b) correct statutory citations; and (c) comply with applicable statutory provisions.
201 KAR 11:210. Licensing, education, and testing requirements. This administrative regulation was amended as follows: Sections 2 and 5 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:230. Mandatory continuing education. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION AND CONFORMITY paragraphs and Section 1 were amended to correct statutory citations; and (2) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 11:245. Property management procedures and guidelines. This administrative regulation was amended as follows: Sections 1 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:250. Listing and purchase contracts - provisions required. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; (2) Sections 1 and 3 were amended to establish a September 1, 2001, effective date for new provisions; and (3) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201-KAR 11:350. Seller's disclosure of conditions form. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Section 2 was amended to: (a) establish a September 1, 2001, effective date for new provisions; and (b) comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 11:400. Agency disclosure requirements. This administrative regulation was amended as follows: Sections 1, 3, and 4 were amended to: (1) establish a September 1, 2001, effective date for new provisions; and (2) comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 11:420. Standards for internet advertising. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 11:430. Procedure of new applicant for criminal records background check. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to specify that the provisions of this administrative regulation also apply to an applicant seeking licensure through a reciprocal agreement; and (3) Section 1 was amended to: (a) establish a July 1, 2001, effective date for this administrative regulation; and (b) comply with the drafting and format requirements of KRS Chapter 13A.
Board of Ophthalmic Dispensers
201 KAR 13:010. Board; powers, duties, meetings. Nancy Black, Division of Occupations and Professions, Granville Smith, Chairman, and Jim Grawe, Assistant Attorney General, represented the Board.
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) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 13:040. Licensing; application, examination; temporary permit; inactive status. In response to questions by Senator Roeding, Mr. Smith stated that while this administrative regulation increased the fee for the practical examination from $25 to $50, that fee now included the cost of the license, which previously required a separate application and fee.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the TITLE was amended to properly reflect the content of this administrative regulation; (3) 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 (4) Sections 1 through 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 13:055. Continuing education requirements. This administrative regulation was amended as follows: Section 3 was amended to comply with the drafting requirements of KRS Chapter 13A.
Board of Physical Therapy
201 KAR 22:020. Method of applying for licensure. Becky Klusch, Executive Director, represented the Board.
In response to a question by Chairman Arnold, Ms. Klusch stated that the Commission on Accreditation in Physical Therapy Education accredited physical therapy programs.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Sections 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 22:040. Procedure for renewing licenses. 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); and (3) Sections 1 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 22:061. Endorsement. 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); and (3) Sections 1 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Board of Certification for Professional Counselors
201 KAR 36:020. Fees - renewal date. Nancy Black, Division of Occupations and Professions, and Jim Grawe, Assistant Attorney General, represented the Board.
In response to questions by Senator Roeding, Mr. Grawe stated that this administrative regulation established the certification, renewal, refund, and late fees for professional counselor associates, which was a new classification established during the 2000 Regular Session.
Ms. Black stated that the current fees for existing classifications were not changed in this administrative regulation.
This administrative regulation was amended as follows: (1) Section 1 was amended to provide for a refund for a professional counselor associate applicant upon denial; and (2) Section 2 was amended to set the renewal fee, late renewal, and reinstatement fee for a professional counselor associate.
201 KAR 36:070. Education requirements. 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) Section 1 was amended to provide the standards for a degree in counseling, a degree in a related field, and a regionally-accredited institution.
Department Of Agriculture: Division of Weights and Measures: General
302 KAR 77:030. Height and weight of baskets of tobacco. Mark Farrow, General Counsel, Larry Hatfield, Division Director, Division of Regulation and Inspection, and Randy Wise, Administrative Branch Manager, represented the Department.
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); and (3) Section 2 was amended to comply with the drafting requirements of KRS 13A.222(4)(b).
Natural Resources And Environmental Protection Cabinet: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:010. Definitions for 401 KAR Chapter 8. Jack Wilson, Director, Division of Water, and Vicki Ray, Branch Manager, represented the Division.
In response to a question by Chairman Arnold, Ms. Ray stated that private water systems served three households or less, and public water systems served more than twenty-five people. A semipublic water system was a water system that did not meet the requirements for either a private or public water system. This administrative regulation was amended to clarify the definitions of private, public, and semipublic water systems.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; (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); and (3) Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
401 KAR 8:020. Public and semipublic water supplies - general provisions. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 8:070. Public notification. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Sections 1, 2, 4, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 8:075. Consumer confidence reports. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (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).
401 KAR 8:150. Disinfection and filtration. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 8:160. Enhanced filtration and disinfection. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (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).
401 KAR 8:500. Disinfection by-products. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Sections 1 through 12 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 8:510. Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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); and (3) Sections 1, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Transportation Cabinet: Department of Highways: Division of Motor Carriers
601 KAR 1:020. Permit for hauling industrial materials; fee; bond. Hollie Spade, Office of General Counsel, represented the Department.
This administrative regulation was amended as follows: (1) Section 3 was amended to delete the requirement for a maintenance agreement; (2) Section 4 was amended to: (a) allow an applicant to apply for a multi-year permit; and (b) establish requirements for exceeding of legal bridge weight limits; (3) Sections 1 through 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) a new section was created to incorporate by reference required material.
Office of Aeronautics: Airport Zoning Commission
602 KAR 50:010. Definitions relating to 602 KAR Chapter 50. Hollie Spade, Office of General Counsel, and Ron Bland, Administrator, Kentucky Airport Zoning Commission, represented the Office.
In response to a question by Senator Long, Ms. Spade stated that this administrative regulation did not change requirements regarding an airport zoning commission’s ability to override a local zoning commission.
Mr. Bland stated that, under existing provisions, an airport zoning commission was authorized to override a local zoning commission regarding matters of aviation, but was not authorized to override in matters of location.
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) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
602 KAR 50:030. Jurisdiction of the Kentucky Airport Zoning Commission. This administrative regulation was amended as follows: 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).
602 KAR 50:050. Airport zoning map. This administrative regulation was amended as follows: 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).
602 KAR 50:060. Construction within jurisdictional airspace. This administrative regulation was amended as follows: Section 5 was amended to comply with the drafting requirements of KRS 13A.2251.
602 KAR 50:070. Standards for determining obstructions. This administrative regulation was amended as follows: Section 3 was amended to comply with the drafting requirements of KRS 13A.2251.
602 KAR 50:090. Permit application procedures. This administrative regulation was amended as follows: Sections 3 and 7 were amended to comply with the drafting requirements of KRS Chapter 13A.
602 KAR 50:100. Standards for marking or lighting structures. This administrative regulation was amended as follows: Section 7 was amended to comply with the drafting requirements of KRS 13A.2251.
Education, Arts, And Humanities Cabinet: Board of Education: Department of Education: Office of Learning Programs Development: Office of Instruction
704 KAR 3:345. Evaluation guidelines. Charles Edwards, Director, Division of Instructional Leadership Development, and Janet Stevens, Branch Manager, Division of Instructional Quality, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 2, 4, 7, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Public Protection And Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:180. Standard health benefit plan and comparison format. Carrie Banahan and Char Hummel represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; and (2) Sections 2 and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
806 KAR 17:250. Notification requirements for drug benefits. This administrative regulation was amended as follows: Section 1 was amended to correct statutory citations.
806 KAR 17:270. Telehealth claim forms and records. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 were amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 1 was amended to correct statutory citations.
Group and Blanket Health Insurance
806 KAR 18:030. Group health insurance coordination of benefits. This administrative regulation was amended as follows: Sections 1, 2, 3, 5, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department of Financial Institutions: Check Cashing
808 KAR 9:010. Books and records to ensure that check cashers do not violate the law against multiple transactions in excessive amounts by a customer. William Doyle and Rick Jones represented the Department.
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); and (3) Section 1 was amended to: (a) clearly establish the requirements for check cashers, in accordance with KRS 368.090(1) and 368.100(10); and (b) comply with the drafting and format requirements of KRS Chapter 13A.
808 KAR 9:020. Establishment of examination fees. 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); and (3) Sections 1 through 3 were amended to: (a) delete provisions that repeated or summarized statutory provisions, as required by KRS 13A.120(2)(e) and (f); (b) specify the $42.00 per hour examination fee, as required by KRS 368.090(2); and (c) comply with the drafting and format requirements of KRS Chapter 13A.
808 KAR 9:030. KRS Chapter 368 - Administrative hearing procedures. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Section 2 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); and (3) the TITLE and Section 1 were amended to comply with the drafting requirements of KRS Chapter 13A.
Department of Housing, Buildings and Construction: Elevator Safety
815 KAR 4:010. Annual inspection of passenger elevators. Judith Walden, General Counsel, represented the Department.
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); and (3) Sections 1 through 3 were amended to: (a) specify that inspections of elevators and escalators shall be made in accordance with the standards established in this administrative regulation; and (b) comply with the drafting and format requirements of KRS Chapter 13A.
Kentucky Building Code
815 KAR 7:070. The Kentucky Certified Building Inspector Program. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was 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 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (4) Section 4 was amended to clearly establish the requirements for applicants; and (5) Section 5 was amended to clearly establish the requirements for certification as an inspector.
815 KAR 7:105. Kentucky Building Code/1997. This administrative regulation was amended as follows: Section 1 was amended to comply with the drafting format requirements of KRS Chapter 13A.
Plumbing
815 KAR 20:060. Quality and weight of materials. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) Sections 1, 5, 10, 12, 13, 18, and 20 were amended to comply with the drafting requirements of KRS Chapter 13A.
815 KAR 20:090. Soil, waste and vent systems. This administrative regulation was amended as follows: Sections 2, 7, 8, 10, 20, 30, 37, and 38 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
815 KAR 20:100. Joints and connections. 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 was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 through 18 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
815 KAR 20:120. Water supply and distribution. This administrative regulation was amended as follows: Sections 1, 2, 5, 6, 10, 18, and 19 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Health Services: Department for Public Health: Local Health Departments
902 KAR 8:040. Definition of terms in 902 KAR Chapter 8. Bob Nelson represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Section 1 and the signature page were amended to comply with the drafting requirements of KRS Chapter 13A.
902 KAR 8:060. Classification and compensation plans for local health departments of Kentucky. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 8:070. Recruitment, examination, and certification of eligibles for local health departments of Kentucky. In response to a question by Chairman Arnold, Mr. Nelson stated that this administrative regulation authorized local health departments to fill vacancies either internally or by public announcement.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 8:080. Initial appointment, probationary period, layoffs, performance evaluation, and the resignation of employees of local health departments. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 1, 2, 5, 6, 7, 9, 10, 12, and 13 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 8:090. Promotion, transfer, and demotion of local health department employees. 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); and (3) Sections 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 8:100. Disciplinary procedures applicable for local health department employees. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, 3, 4, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 8:120. Leave provisions applicable to employees of local health departments. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 15, 17, 18, 19, 20, and 21 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Health Services and Facilities
902 KAR 20:016. Hospitals; operations and services. Alex Reese, Office of Inspector General, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) Sections 1 through 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (3) Section 2 was amended to clarify that only a licensed facility offering a full range of required services may be called a "hospital;" (4) Section 4 was amended to add other ordering personnel to those who are qualified to administer medications; and (5) Sections 3 and 4 were amended to permit a member of the medical staff to sign a telephone order for medications or diagnostic testing or treatment, within 72 hours of the order's receipt.
Department for Mental Health and Mental Retardation Services: Kentucky Traumatic Brain Injury Trust Fund Board
908 KAR 4:030. Traumatic Brain Injury Trust Fund operations. Colleen Ryall, Staff, Kentucky Traumatic Brain Injury Trust Fund Board of Directors, and Bruce Scott, Director, Division of Mental Health, represented the Board.
In response to questions by Senator Roeding, Ms. Ryall stated that this administrative regulation established the procedures for accessing the fund and the Board hoped that the established procedures would make it easier for citizens to access the fund. She briefly summarized the procedures established in this administrative regulation for accessing the fund.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (3) Section 1 was amended to add a definition of “behavior programming”; and (4) Section 7 was amended to specify available benefits.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Health Insurance Coverage for Nonstate Employees
200 KAR 20:011. Repeal of 200 KAR 20:010. Ed Ross, State Controller, and Angela Robinson, Assistant General Counsel, represented the Cabinet.
Real Estate Commission
201 KAR 11:011. Definitions for 201 KAR Chapter 11. Jeff Blair, General Counsel, represented the Commission.
201 KAR 11:040. Contracts to contain financing provisions. In response to questions by Senator Long, Mr. Blair stated that this administrative regulation was amended to reduce the requirements relating to contract financing provisions and to provide additional financing flexibility.
201 KAR 11:062. Retention of brokers' records.
201 KAR 11:095. Closing statements.
201 KAR 11:105. Owner's consent and authorization.
201 KAR 11:161. Repeal of 201 KAR 11:160.
Board of Ophthalmic Dispensers
201 KAR 13:012. Repeal of 201 KAR 13:011. Nancy Black, Division of Occupations and Professions, Granville Smith, Chairman, and Jim Grawe, Assistant Attorney General, represented the Board.
201 KAR 13:050. Apprentices.
201 KAR 13:060. Military service; reciprocity.
At the request of the Subcommittee, the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office: Agricultural Development Board
10 KAR 2:020E. Disbursement of monies from the Kentucky Agricultural Development Fund.
Finance And Administration Cabinet: Statewide Accounts
200 KAR 24:020E. Allocation of driving under the influence service fees.
Board of Licensure for Professional Engineers and Land Surveyors
201 KAR 18:102E. Electronic stamps, seals and signatures.
Tourism Development Cabinet: Department Of Fish And Wildlife Resources: Game
301 KAR 2:111E. Deer and turkey hunting on federal areas.
301 KAR 2:178E. Deer hunting on wildlife management areas.
301 KAR 2:221E. Waterfowl seasons and limits.
301 KAR 2:222E. Waterfowl hunting requirements.
301 KAR 2:225E. Dove, wood duck, teal and other migratory game bird hunting.
301 KAR 2:226E. Youth waterfowl hunting season.
Hunting and Fishing
301 KAR 3:100E. Special commission permits.
Licensing
301 KAR 5:030E. Purchasing licenses and obtaining replacement licenses.
Justice Cabinet: Office of the Medical Examiner
500 KAR 12:010. Duplicate records request fee schedule.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110E. Department of Criminal Justice Training basic training: graduation requirements; records.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:500E. Maritime employment.
Public Protection And Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:150E. Health benefit plan rate filing requirements.
806 KAR 17:310E. Prompt payment of claims reporting requirements.
806 KAR 17:320E. Kentucky Access requirements.
806 KAR 17:330E. Kentucky Access health benefit plans.
806 KAR 17:350E. Guaranteed Acceptance Program (GAP) reporting requirements.
Captive Insurers
806 KAR 49:020. Captive insurer application requirements.
806 KAR 49:030. Captive insurer reporting requirements.
806 KAR 49:040. Captive insurer parents and affiliates.
Cabinet For Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:008E. License procedures and fee schedule.
902 KAR 20:066E. Operation and services; adult day health care programs.
Department for Medicaid Services: Services
907 KAR 1:021E. Amounts payable for drugs.
907 KAR 1:044E. Mental health center services.
907 KAR 1:155E. Payments for supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:160E. Home and community based waiver services.
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC).
907 KAR 1:479E. Durable medical equipment covered benefits and reimbursement.
Payment and Services
907 KAR 3:005E. Physicians' services.
907 KAR 3:010E. Reimbursement for physicians' services.
907 KAR 3:030. Coverage and payments for IMPACT Plus services.
Cabinet For Families And Children: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015E. Supplemental programs for persons who are aged, blind, or have a disability.
Division of Policy Development: Child Welfare
922 KAR 1:330. Child protective services.
922 KAR 1:420. Child fatality or near fatality investigations.
922 KAR 1:430. Child protective services in-home case planning and service delivery.
The Subcommittee adjourned at 9:30 p.m. until April 10, 2001, at 10 a.m. in Room 149 of the Capitol Annex.