The December meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, December 11, 2001, at 10:00 AM, in Room 149 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; Senator Marshall Long; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: Carol M. Palmore, Burr Lawson, Daniel F. Egbers, Dale Shelton, Personnel Cabinet; Mark Brengelman, Richard Carroll, Office of Attorney General; Nancy L. Black, Division of Occupations and Professions; Linda Bozeman, Kentucky Board of Interpreters for the Deaf and Hard of Hearing; John Patterson, CMRS Board; Mark Farrow, Dr. Don Notter, Department of Agriculture; Jack Damron, Brenda Priestley, Department of Corrections; Hollie Spade, Dough Doerting, Transportation Cabinet; Kevin Noland, Board of Education; Tony H. Nunn, Tamela Biggs, Sue G. Simon, Mindy Yates, Tom Shearer, B.J. Helton, Workforce Development Cabinet; Ched Jennings, Donna Elsen Floyd, Carla H. Montgomery, Department of Workers' Claims; Carrie Bonahan, Charlotte Hummel, Department of Insurance; Bernard J. Hettel, Randy Smith, Frank Shoop, Rena Elswick, Kentucky Racing Commission; James D. Carreer, Cabinet for Health Services; Lane Kemp, Elizabeth Caywood, Beth Sweeney, Karen Doyle, Cabinet for Families and Children; Gene McLean, Bill Napier, Harness Horsemen Association; Ronny Pryor, LifePoint Hospitals and HCA; Larry Davis, Marshall County Health Department; Thad Vann, Kreil Moran, Kentucky Manufactured Housing Institute.
LRC Staff: Dave Nicholas, Karen Smith, Sarah Amburgey, Donna Little, Edna Lowery, Susan Wunderlich, Donna Kemper, and Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Personnel Cabinet: Classified
101 KAR 2:034. Classified compensation administrative regulation. Carol Palmore, Secretary, and Daniel Egbers, General Counsel, represented the Cabinet.
This administrative regulation was amended as follows: Sections 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
101 KAR 2:102. Classified leave administrative regulation. This administrative regulation was amended as follows: Sections 2, 3, 6, 10, and 12 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Interpreters for the Deaf and Hard of Hearing
201 KAR 39:020. Board member expenses. Nancy Black, Executive Director, Linda Bozeman, Interim Director, and Richard Carroll, 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; and (2) Section 1 was amended to delete language that repeated the statute.
201 KAR 39:030. Application; qualifications for licensure; and certification levels. 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; (3) Sections 1 and 2 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) Section 2 was amended to delete superfluous language, correct regulatory citations, and reformat the titles of qualifying certificates.
201 KAR 39:040. Fees. This administrative regulation was amended as follows: the STATUTORY AUTHORITY paragraph was amended to correct statutory citations.
201 KAR 39:050. Renewal of licenses and extensions of temporary licenses. 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; and (3) Sections 1 through 4 were amended to delete language that repeated the statute and to comply with the drafting and formatting requirements of KRS Chapter 13A.
201 KAR 39:060. Reinstatement of license subject to disciplinary action. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A and to clarify requirements.
201 KAR 39:070. Application, qualifications, and certification levels for temporary licensure. 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; and (2) Section 2 was amended to comply with the formatting requirements of KRS Chapter 13A.
201 KAR 39:090. Continuing education requirements. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 1 and 3 through 10 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
201 KAR 39:100. Complaint procedure. 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; and (3) Sections 1 and 4 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A and to correct statutory citations.
201 KAR 39:120. Code of ethics. 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; and (3) Sections 1 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:070 & E. PSAP Workload Fund disbursement. John Patterson, Board Administrator, represented the Board.
In response to a question by Chairman Arnold, Mr. Patterson stated that the workload funds collected as a surcharge from wireless telephone users were distributed to 911 centers and wireless telephone companies to reimburse their costs in connecting to the 911 system.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to correct and add statutory citations; (2) Section 1 was amended to specify a web site; (3) Section 3 was amended to clarify provisions for determination of zip code jurisdictions; (4) Section 4 was amended to: (a) allow 90 days for CMRS value determination; (b) specify an account number; and (c) delete repetitive language; and (5) Sections 1 through 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 6:080. CMRS surcharge remittance and reporting. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to add statutory citations; (2) Section 1 was amended to: (a) specify a form; and (b) specify a web site; (3) a new Section 5 was added to incorporate by reference the required forms; and (4) Sections 1 through 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:070. Stockyards. Mark Farrow, General Counsel, and Dr. Don Notter, State Veterinarian, represented the Department.
In response to a question by Representative Bruce, Mr. Farrow stated that the amendments to this administrative regulation would save livestock producers $1 million a year by eliminating the brucellosis testing requirements.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Sections 1, 2, 5, and 6 were amended to specify statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and the function served by this administrative regulation; and (3) Sections 1 through 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:030. Kentucky State Reformatory. Jack Damron, Counsel, represented the Department.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
501 KAR 6:060. Northpoint Training Center. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (2) NTC 06-01-01 was amended to correct statutory citations; and (3) NTC 09-06-01 was amended to establish requirements for body cavity searches.
501 KAR 6:130. Western Kentucky Correctional Complex. In response to a question by Chairman Arnold, Mr. Damron stated that the amendments to this administrative regulation updated the incorporated polices and procedures to reflect the facility’s current management practices.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
501 KAR 6:140. Bell County Forestry Camp. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (2) BCFC 01-01-01, 01-01-01, and 01-01-03 were amended to replace the term “Operations Manual” with the term “Policies and Procedures Manual”; and (3) BCFC 03-08-01 was amended to correct statutory citations.
501 KAR 6:999. Corrections secured policies and procedures. Pursuant to KRS 61.810(1)(i) and (k), KRS 61.815(2), and KRS 197.025(6), the Subcommittee went into closed session to review this administrative regulation.
Transportation Cabinet: Department of Vehicle Regulation: Commissioned Employees
601 KAR 15:010. Disciplinary actions relating to commissioned employees. Doug Doerting, Branch Manager, and Hollie Spade, Office of General Counsel, represented the Department.
This administrative regulation was amended as follows: the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations.
601 KAR 15:020. Employment requirements for safety sensitive employees of the Department of Vehicle Regulation. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct statutory citations; and (2) Sections 1 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A.
Education, Arts, And Humanities Cabinet: Kentucky Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 3:020. Bond issue approval. Kevin Noland, Associate Commissioner, represented the Board.
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 and Sections 4, 5, and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
702 KAR 3:070. Teachers' salary scheduling. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
702 KAR 3:100. Data report, professional staff. 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 2 was amended to comply with the drafting requirements established in KRS 13A.2251.
702 KAR 3:130. Internal accounting. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 were amended to comply with the drafting requirements of KRS Chapter 13A; (2) Section 2 was amended to specify that school districts were required to comply with the Accounting Procedures for Kentucky School Activity Funds; (3) Section 3 was amended to refer to "activity funds" rather than "internal accounts" to be consistent; and (4) the Accounting Procedures were updated as requested by the Kentucky Board of Education.
702 KAR 3:135. Bidding procedures. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Workforce Development Cabinet: Department of Vocational Rehabilitation Services: Administration
781 KAR 1:010. Department of Vocational Rehabilitation appeal procedures. Mindy Yates and Sue Simon, Counsel, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1 through 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for the Blind: Client Services
782 KAR 1:040. Appeal procedures. Sue Simon, Counsel, represented the Department. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Adult Education and Literacy: Adult Education and Literacy
785 KAR 1:010. GED Testing Program. B.J. Helton and Tamela Biggs, Counsel, represented the Department. This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Sections 2 and 5 were amended for clarity; and (3) Sections 3 and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
785 KAR 1:021. Repeal of 785 KAR 1:020. In response to a question by Chairman Arnold, Ms. Helton stated that the Department replaced this administrative regulation with two new administrative regulations so the GED Testing Program’s eligibility requirements would be in a separate administrative regulation from the program’s administrative procedures. The new administrative regulations reworded the requirements and procedures but did not change them substantively.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
785 KAR 1:130. GED eligibility requirements. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1 through 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Labor Cabinet: Department of Workers' Claims
803 KAR 25:010. Procedure for adjustment of claims. Carla Montgomery, Counsel, Ched Jennings, Commissioner, and Donna Elsen Floyd, Counsel, represented the Department.
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) Sections 1 through 19, 21, 22, 24, 25, 26, 28, and 30 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (3) Section 3(1) was amended to specify the name of the required forms, rather than say "forms prescribed by the commissioner" to comply with KRS 13A.100, 13A.120, and 13A.2245; and (4) Sections 12(5) and 22(17) were amended to delete provisions that repeated or summarized applicable statutes, as required by KRS 13A.120(2)(e) and (f).
Public Protection and Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:180 & E. Standard health benefit plan and comparison format. Carrie Banahan and Char Hummel, Counsel, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the function served by this administrative regulation, as required by KRS 13A.220(4)(f); and (3) Section 2 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:360. Prompt payment of claims. In response to a question by Chairman Arnold, Ms. Banahan stated that this administrative regulation clarified statutory provisions governing interest statements by specifying the types of information that insurers need to include in the statements.
This administrative regulation was amended as follows: (1) Section 1 was amended to correct a statutory citation; (2) Sections 2, 3, and 4 were amended to delete language which repeated statutes, as required by KRS 13A.120(2)(e); and (3) Sections 1 through 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Kentucky Racing Commission: Thoroughbred Racing
810 KAR 1:025. Licensing thoroughbred racing. Bernie Hettel, Executive Director, Frank Shoop, Chairperson, Richard Carroll, Assistant Attorney General, and Rena Elswick represented the Commission.
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; (3) Sections 1 through 6 and 8 through 11 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A; (4) Section 5 was amended to reduce the licensure fee for a stable foreman, exercise personnel, hotwalker, groom, watchman, and pony person from $25 to $10.
Harness Racing
811 KAR 1:180. Personnel to be licensed; fees. Bernie Hettel, Executive Director, Frank Shoop, Chairperson, Richard Carroll, Assistant Attorney General, and Rena Elswick represented the Commission. Bill Napier, Executive Director, Kentucky Harness Horesemen Association, and Gene McLean, representative, Kentucky Harness Horsemen Association, appeared in opposition to this administrative regulation.
In response to questions by Representative Bruce, Mr. Shoop stated that the Commission needed to increase their harness racing licensure fees to compensate for their $1 million budget reduction from the 2001 General Assembly.
In response to questions by Representative Bruce, Mr. Hettel stated that the increased licensure fees were necessary for the Commission to continue to provide its current level of services and oversight to the harness racing industry.
In response to questions by Chairman Arnold, Mr. Hettel stated that the Commission requested greater fee increases for licensees that were better able to afford them, such as owners, trainers, racing officials, and veterinarians. For the lesser paid licensees, the Commission requested lesser fee increases, such as a $5 increase for harness racing grooms. This was the first requested licensure fee increase for harness racing grooms since the $5 fee was established in 1973. The increased licensure fees would only offset half of the Commission’s budget shortfall. The Commission hoped to generate the remaining funds by increasing the race track daily assessments.
In response to a question by Chairman Arnold, Mr. Shoop stated that to avoid reducing provided services, in addition to increasing licensure fees, the Commission had scaled down to a bare bones operating budget.
In response to questions by Representative Lee, Mr. Hettel stated that in an effort to continue to provide its full range of services while operating under a reduced budget, the Commission had decreased its expenditures in numerous ways, including renting out forty percent of its office space, eliminating out of state travel, and limiting overtime.
In response to a question by Chairman Arnold, Mr. Hettel stated that without the increased licensure fees, the Commission would be forced to lay off some personnel.
In response to questions by Representative Lee, Mr. Shoop stated that without the increased licensure fees, the Commission would no longer be able to fulfill its statutory duty of maintaining the integrity of racing in Kentucky.
In response to questions by Representative Allen, Mr. Shoop stated that he was not certain why the Governor and the General Assembly reduced the Commission’s budget by $1 million, but it may have been due to a mistake. Because the Commission holds funds for the Kentucky Development Fund, the Commission may have appeared to have more operating funds than they actually did.
Mr. McClean stated that the Kentucky Harness Horseman’s Association opposed the increased licensure fees because the harness racing industry was already paying increased racetrack daily assessments. The industry could not afford any additional costs. Rather than increasing licensure fees, the Commission should address their budget shortfall in the 2002 General Assembly.
In response to questions by Representative Lee, Mr. McClean stated that while the Commission had statutory authority to raise the licensure fees, they improperly increased the daily assessments. Acting outside the administrative regulation process, the Commission had arbitrarily increased the daily assessment fee established by 811 KAR 1:115 from $125 to $1700.
Representative Lee stated that the Subcommittee could not find an administrative regulation deficient if it complied with the statutes. Because the General Assembly authorized the Commission to establish fees, the Subcommittee was only able to voice their concerns about the fees. If the Commission had increased other fees outside the administrative regulation process, that existing administrative regulation should be reviewed to determine if it was within statutory compliance.
In response to concerns regarding the groom licensure fee increase, Mr. Shoop suggested that the $10 groom licensure fee be reduced to its original amount of $5. The Subcommittee unanimously agreed to amend this administrative regulation to reduce the groom fee to $5.
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; (3) Sections 1 through 4 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) Section 5 was amended to reduce the fee for a duplicate license from $25 to $10; and (5) Section 3 was amended to reduce the fee for a groom’s license to $5.
Cabinet For Health Services: Department for Public Health: Local Health Departments
902 KAR 8:170. Local health department financial management requirements. James Carreer, Legislative Liaison, represented the Department. Larry Davis, Marshall County Health Department, appeared in opposition to this administrative regulation.
Mr. Davis stated that he was concerned about this administrative regulation’s limitations on unrestricted fund balances and out of state travel for educational purposes. Because by statute, local health boards were responsible for managing health issues in each county, the Department should not limit local boards’ discretion in determining how to best do so.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to specify a statutory citation; (2) Section 1 was amended to correct the form of definitions; (3) Sections 1 through 11 were amended for: (a) clarity; (b) technical corrections; and (c) compliance with the drafting requirements of KRS Chapter 13A; and (3) Section 3(3)(c) was amended to: (a) clarify that the fund is that of a local health department; and (b) increase to 30% the portion of annual non-fee program expenditures permitted to accumulate as unrestricted funds.
Mobile Homes and Recreational Vehicles Parks; Facilities Standards
902 KAR 15:010. Mobile homes. James Carreer, Legislative Liaison, represented the Department.
In response to questions by Representative Lee, Subcommittee Staff stated that as originally drafted, this administrative regulation established a permit application fee that was higher and in conflict with the statutorily established permit application fee. However, with the consent of the Department, this administrative regulation had been amended to refer to the statute for the application fee.
In response to questions by Representative Allen, Mr. Carreer stated that this administrative regulation applied to mobile home parks and not to individual mobile homes. The Department had consulted with the mobile home park industry throughout the promulgation process of this administrative regulation.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct and add statutory citations; (2) Section 1 was amended to clarify the scope of definitions; (3) Section 2 was amended to: (a) specify a required form; and (b) correct a conflict in permit fee assessment; (4) Section 4 was amended to: (a) identify authority for designating a "flood plain"; and (b) specify regulatory requirements for site preparation; (5) Section 11 was amended to clarify language regarding fire codes; (6) Section 12 was amended to specify statutory and regulatory authority for installation; (7) Section 19 was amended to clarify appeal conference procedures; and (8) Sections 1 through 4, 6 through 9, 11 through 16, 18, and 19 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Families And Children: Department of Community Based Services: Family Support: Food Stamp Program
921 KAR 3:020 & E. Financial requirements. Lane Kemp and Karen Doyle represented the Department.
In response to questions by Representative Allen, Ms. Kemp stated that the amendments to this administrative regulation loosened the financial eligibility requirements for the Food Stamp Program. To assist the working poor who need vehicles to get to work, the Department no longer considered whether the applicant owned a vehicle when determining the applicant’s eligibility for the Food Stamp Program. The amendments to this administrative regulation did not alter the income eligibility requirements for program participation.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and Sections 3 through 5 were amended to correct statutory citations; and (2) Sections 1 through 5, 7, and 8 were amended to: (a) specify indefinite citations, as required by KRS 13A.222(4)(a); and (b) comply with the drafting requirements of KRS Chapter 13A.
Protection and Permanency: Child Welfare
922 KAR 1:450 & E. Tuition waiver for foster and adopted children. Elizabeth Caywood and Karen Doyle represented the Department.
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 2 was amended to specify a required Federal form; (3) Section 2 was amended to add language meeting requirements of the enabling statute; and (4) Sections 1 and 2 were amended: (a) for clarity; and (b) to comply with the drafting and format requirements of KRS Chapter 13A.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Kentucky Board of Veterinary Examiners
201 KAR 16:090. Certification as an animal euthanasia specialist. Nancy Black, Executive Director, and Mark Brengelman, Assistant Attorney General, represented the Board.
Board of Interpreters for the Deaf and Hard of Hearing
201 KAR 39:080. Reciprocity. Nancy Black, Executive Director, Linda Bozeman, Interim Director, and Richard Carroll, Assistant Attorney General, represented the Board.
Education, Arts, And Humanities Cabinet: Kentucky Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 3:011. Repeal of 702 KAR 3:010. Kevin Noland, Associate Commissioner, represented the Board.
Workforce Development Cabinet: Department For Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:120. Appeals and hearings. Tamela Biggs, Counsel, represented the Department.
780 KAR 3:130. Employee grievances.
Labor Cabinet: Department of Workers' Claims
803 KAR 25:089. Workers' compensation medical fee schedule for physicians. Carla Montgomery, Counsel, Ched Jennings, Commissioner, and Donna Elsen Floyd, Counsel, represented the Department.
In response to a question by Chairman Arnold, Ms. Floyd stated that physicians could obtain the fee schedule by purchasing a printed or computerized copy of it from the Department.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Department Of Law: Office of the Attorney General: Racial Profiling
40 KAR 7:010. Procedures for reporting allegations of racial profiling.
Board of Medical Licensure
201 KAR 9:016. Restrictions on use of amphetamine and amphetamine-like anorectic controlled substances.
Board of Examiners of Psychology
201 KAR 26:125E. Health service provider designation.
201 KAR 26:130E. Complaint procedure.
201 KAR 26:145E. Code of conduct.
201 KAR 26:155E. Licensed psychologist application procedures and temporary license.
201 KAR 26:160E. Fee schedule.
201 KAR 26:171E. Requirements for supervision.
201 KAR 26:185E. Requirements for granting licensure as a psychologist to an applicant licensed in another state.
201 KAR 26:190E. Requirements for supervised professional experience.
201 KAR 26:210E. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychological associate.
201 KAR 26:230E. Examinations.
201 KAR 26:250E. Employment of a psychological associate.
201 KAR 26:270E. Change of credential status.
201 KAR 26:280E. Licensed psychological associate application procedures and temporary license.
201 KAR 26:290E. Licensed psychological practitioner application procedures and temporary license.
201 KAR 26:300E. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychological practitioner.
Board of Emergency Medical Services
202 KAR 7:010E. Definitions.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:225E. Dove, wood duck, teal, and other migratory game bird hunting.
Hunting and Fishing
301 KAR 3:026E. Access to wildlife management areas for mobility-impaired individuals.
Public Protection And Regulation Cabinet: Department of Insurance: Authorization of Insurers and General Requirements
806 KAR 3:210E. Privacy of consumer financial information.
806 KAR 3:220E. Privacy of health information.
Health Insurance Contracts
806 KAR 17:380. Repeal of 806 KAR 17:066.
806 KAR 17:390. Benefits and disclosures in Medicare supplement insurance policies.
806 KAR 17:400. Marketing and sales practices in Medicare supplement insurance policies.
806 KAR 17:410. Claims payment practices in Medicare supplement insurance policies.
806 KAR 17:420. Rates, premiums and loss ratio requirements in Medicare supplement insurance policies.
806 KAR 17:430. Reporting requirements in Medicare supplement insurance policies.
Kentucky Mine Safety Review Commission
825 KAR 1:020E. Administrative hearing procedures.
Cabinet For Health Services: Department for Public Health: State Health Plan
902 KAR 17:041E. State Health Plan for facilities and services.
Hazardous Substances
902 KAR 47:081. Repeal of 902 KAR 47:080, 902 KAR 47:090, and 902 KAR 47:100.
Lead Abatement
902 KAR 48:010. Definitions.
902 KAR 48:020. Training and certification requirements for persons who perform lead-hazard detection or lead-hazard abatement.
902 KAR 48:030. Accreditation of training programs and providers of educational programs for individuals who perform lead-hazard detection and abatement.
902 KAR 48:040. Permit fees, permit requirements and procedures, and standards for performing lead-hazard detection and abatement.
Office of Inspector General: Inspector General
906 KAR 1:120E. Informal dispute resolution.
Department for Medicaid Services
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:019E. Outpatient Pharmacy Program.
907 KAR 1:021E. Reimbursement for drugs.
907 KAR 1:025E. Payment for services provided by an intermediate care facility for the mentally retarded and developmentally disabled, a dually-licensed pediatric facility, an institution for mental diseases, a nursing facility with an all-inclusive rate unit.
907 KAR 1:031 & E. Payments for home health services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:170 & E. Payments for home and community based waiver services.
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC).
The Subcommittee adjourned at 11:30 p.m. until January 8, 2002, at 10 a.m. in Room 149 of the Capitol Annex.