The April meeting of the Administrative Regulation Review Subcommittee was held on Monday, April 15, 2002, at 8:30 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; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: C. Joe Hutchinson, Steve Judy, Kentucky Teachers' Retirement; Mark L. Roberts, William P. Hanes, Shawn Sparks, Kentucky Retirement Systems; Jim Grawe, Board of Accountancy; Jeff Blair, Lee Harris, Linda Poliskie, Kentucky Real Estate Commission; Roger Reckfenwald, Kentucky Infrastructure Authority; Scott Porter, Tom Bennett, Ellen Benzing, Department of Fish and Wildlife Resources; Mark Farrow, Ira Linville, Department of Agriculture; Deborah White, Dan Dott, Kentucky State Nature Preserves Commission; Jack Damron, Brenda Priestley, Department of Corrections; Louis J. Amato, Hollie Spade, Transportation Cabinet; Mary Ellen Wiederwohl, Phillip S. Rogers, Education Professional Standards Board; Larry Roberts, Kembra Taylor, Labor Cabinet; Frances McGraw, Lynn Chapple, Ruby Jo Lubarsky, Pamela J. Murphy, Alex Reese, Neville Wise, Diane Bellafronto, Mike Littlefield, Cabinet for Health Services; Rosanne Barkley, Karen Doyle, Cabinet for Families and Children; Ronny Pryor; David Vance, Ambassador Capitol Limousine; Robert Callahan, Kentucky MotorCoach Association.
LRC Staff: Dave Nicholas, Karen Smith, Sarah Amburgey, Donna Little, Edna Lowery, Susan Wunderlich, and Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Kentucky Teachers' Retirement System: General Rules
102 KAR 1:230. Limitations on benefits. Joe Hutchinson, Deputy Executive Secretary, and Steve Judy, Director of Member Benefits, represented the System.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY PARAGRAPH and Section 3 were amended to specify statutory citations; and (2) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
102 KAR 1:240. Increase in compensation limit. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY PARAGRAPH and Section 2 were amended to specify statutory citations; and (2) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
102 KAR 1:250. Rollovers from other plans. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY PARAGRAPH and Section 1 were amended to specify statutory citations; and (2) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Kentucky Retirement Systems: General Rules
105 KAR 1:150 & E. Installment purchase procedures. William P. Hanes, General Manager, represented the Systems.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to add statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 9 regarding unpaid sick leave was added because it was inadvertently omitted when the administrative regulation was filed.
Finance And Administration Cabinet: Kentucky Infrastructure Authority
200 KAR 17:080 & E. Guidelines for 2020 water service account. Roger Reckfenwald represented the Authority.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to add statutory citations; (2) Section 1 and Sections 3 to 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 7 was amended to incorporate by reference the Funding Application form.
Board of Accountancy
201 KAR 1:150. To set forth practice and procedures for hearings held before the Kentucky State Board of Accountancy. Jim Grawe, Assistant Attorney General, represented the Board.
This administrative regulation was amended as follows: (1) the title was amended to clearly reflect the subject matter of the regulation; (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 to 6 were amended to remove superfluous language that conflicted with KRS Chapter 13B.
Kentucky Real Estate Commission
201 KAR 11:450. Broker management course. Lee Harris, Jeff Blair, and Linda Poliskie 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; and (3) Sections 1 to 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 11:460. Minimum rating requirements for instructors. 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 and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 3 was amended to incorporate by reference the required material.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:132. Elk depredation permits and quota hunts. Tom Bennett, Commissioner, and Scott Porter, General Counsel, represented the Department.
This administrative regulation was amended as follows: Sections 3 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A.
Hunting and Fishing
301 KAR 3:100. Special commission permits. This administrative regulation was amended as follows: Sections 1 through 3 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:052. Animal carcass composting. Mark Farrow, General Counsel, and Ira Linville, Executive Director, represented the Department.
In response to questions by Representative Allen, Mr. Linville stated that KRS 257.160 required owners to dispose of animal carcasses within 48 hours by using one of several authorized disposal methods, such as incineration, burial, or on farm composting. This administrative regulation established required procedures if composting was chosen as the disposal method.
In response to questions by Representative Allen, Mr. Farrow stated that he was not aware of any penalties if an owner used an unauthorized method to dispose of an animal carcass. Additionally, because KRS 257.160 and this administrative regulation only applied to domestic animals, they did not affect the disposal of deer or other wildlife carcasses.
In response to questions by Senator Roeding, Mr. Farrow stated that while KRS 257.160 continued to authorize rendering as a disposal method, it was no longer a viable economic choice.
This administrative regulation was amended as follows: the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Natural Resources And Environmental Protection Cabinet: Department for Natural Resources: Nature Preserves Commission: Rare Plant Recognition
400 KAR 3:010. Definitions for 400 KAR Chapter 3. Dan Dott, Director, represented the Commission.
This administrative regulation was approved, with Senator Roeding objecting, and was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
400 KAR 3:020. Criteria for identifying and designating endangered and threatened species of plants. This administrative regulation was approved, with Senator Roeding objecting, and was amended as follows: the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
400 KAR 3:030. Procedures for inclusion, removal or change of status of plant species on the state endangered or threatened list. This administrative regulation was approved, with Senator Roeding objecting, and was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting and format requirements of KRS Chapter 13A.
400 KAR 3:040. Endangered and threatened plant lists. In response to questions by Senator Roeding, Mr. Dott stated that this administrative regulation established a list of endangered and threatened plants in Kentucky. By statute, the list served an educational purpose only and could not be used to prevent or inhibit development.
In response to questions by Chairman Arnold, Mr. Dott stated that the list contained over 200 types of plants from various habitats, including woods, swamps, prairies, and barrens. The statutory provisions protected agricultural operations and all other types of development by mandating that any plant included in the list remained the property of the landowner.
This administrative regulation was approved, with Senator Roeding objecting, and was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 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 6:090. Frankfort Career Development Center. Jack Damron, Counsel, represented the Department.
This administrative regulation was amended as follows: the RELATES TO paragraph, Section 1, and the incorporated by reference material were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Education Professional Standards Board
704 KAR 20:022. Continuing education option for certificate renewal and rank change. Mary Ellen Wiederwohl and Bill Rogers, Director, represented the Board.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 4, 5, 7, 8, and 9 were amended to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) clarify requirements.
704 KAR 20:035. Out-of-state preparation. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clarify language to comply with KRS 13A.222(4)(a).
704 KAR 20:120. Emergency certification and out-of-field teaching. In response to questions by Senator Roeding, Ms. Wiederwohl stated that this administrative regulation was amended, along with 704 KAR 20:300, 475, 560, 670, 706, and 710, to establish an alternative grade point average requirement for certification. As amended, an applicant could qualify for certification with either a cumulative 2.5 grade point average or a 3.0 grade point average based on the applicant’s last 60 semester hours. The new alternative would allow certification of applicants who struggled academically during their freshman year but performed strongly after that. The amendments did not require the standardization of grading scales used to determine grade point averages. The Board lacked the statutory authority to mandate that change.
This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the format requirements of KRS 13A.220.
704 KAR 20:300. Part-time adjunct instructor certificate. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; and (2) Section 2 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
704 KAR 20:475. Probationary certificate for teachers of technology education. This administrative regulation was amended as follows: (1) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 3 was amended to correct a cross-reference citation.
704 KAR 20:560. Master of arts in teaching. This administrative regulation was amended as follows: Section 4 was amended to comply with the drafting requirements of KRS Chapter 13A.
704 KAR 20:670. Kentucky teaching certificates. This administrative regulation was amended as follows: Sections 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
704 KAR 20:700. Standards for admission to teacher education. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
704 KAR 20:706. Admission, placement, and supervision in student teaching. This administrative regulation was amended as follows: Section 2 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
704 KAR 20:710. Professional certificate for instructional leadership - school principal, all grades. This administrative regulation was amended as follows: Sections 2, 3, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Labor Cabinet: Labor Standards; Wages and Hours
803 KAR 1:100. Child labor. Kembra Taylor, General Counsel, and Larry Roberts, Director, represented the Cabinet.
This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 3 were amended to specify citations; (2) Section 4 was created to add an effective date; and (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 through 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Health Services: Office of Inspector General: Inspector General
906 KAR 1:120 & E. Informal dispute resolution. Pamela Murphy, Inspector General, and Alex Reese, Administrative Regulations Coordinator, represented the Office.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to clarify definitions; (3) Section 2 was amended to permit a provider requesting informal dispute resolution to obtain a five day extension for the submission of supporting documentation; and (4) Sections 2 and 3 were amended to clarify language and to comply with the drafting requirements of KRS Chapter 13A.
Department for Medicaid Services
907 KAR 1:660 & E. Relative responsibility requirements for Medicaid. Neville Wise and Lynn Chapple represented the Department.
This administrative regulation was amended as follows: Sections 1 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:810 & E. Presumptive eligibility for pregnant women. 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 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, 5, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Mental Health and Mental Retardation Services: Institutional Care
908 KAR 3:050. Per diem rate pursuant to the "Patient Liability Act of 1978". Mike Littlefield, Administrative Regulations Coordinator, represented the Department.
In response to questions by Senator Roeding, Mr. Littlefield stated that the amendments to this administrative regulation increased the per diem rates to reflect the actual costs of the provided services. Because the Department did not utilize out of state placements for their clients, he did not know how the new per diem rates compared with rates charged by other states.
This administrative regulation was amended as follows: Section 1 was amended to retain the current rates since the new rates would not become effective until July 1, in accordance with KRS Chapter 13A.
Cabinet For Families And Children: Department of Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:470 & E. Central registry. Karen Doyle represented the Department.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 were amended for clarity and drafting corrections, in compliance with KRS Chapter 13A.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:185. Hunter education training. Tom Bennett, Commissioner, and Scott Porter, General Counsel, represented the Department.
Wildlife
301 KAR 4:001. Selection of Fish and Wildlife Resources Commission nominees. In response to a question by Senator Roeding, Mr. Bennett stated that this administrative regulation established a grievance procedure for Commission nominees.
Licensing
301 KAR 5:040. Selling and purchasing migratory game bird and waterfowl permits.
Water Patrol
301 KAR 6:060. Safe boating certification.
Education Professional Standards Board
704 KAR 20:015. Rank I classification. Mary Ellen Wiederwohl and Bill Rogers, Director, represented the Board.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office: Telehealth Board
10 KAR 3:040E. Establishing protocols and standards for telehealth network training centers and rural sites.
Department Of State: Kentucky Registry of Election Finance: Practice and Procedure
32 KAR 2:220E. Electronic reporting file format and test file compliance procedure.
Department Of Law: Office of the Attorney General: Racial Profiling
40 KAR 7:010. Procedures for reporting allegations of racial profiling.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:140E. Requirements for wild turkey hunting.
301 KAR 2:142E. Spring wild turkey hunting.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:110E. Treatment of imported mares.
302 KAR 20:140E. Breeding shed for female equines.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110E. Department of Criminal Justice Training basic training: graduation requirements; records.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:040. Application for operating authority and registration of motor carriers.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:412E. Fall protection.
803 KAR 2:417E. Steel erection.
Cabinet For Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:016E. Hospitals; operations and services.
Department for Medicaid Services: Services
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:015E. Payments for hospital outpatient services.
907 KAR 1:019E. Outpatient Pharmacy Program.
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 1:030E. Home health agency services.
907 KAR 1:031E. Payments for home health services.
907 KAR 1:055E. Payments for primary care center, federally-qualified health center, and rural health clinic services.
907 KAR 1:081E. Repeal of 907 KAR 1:080.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:170E. Payments for home and community based waiver services.
907 KAR 1:720E. Coverage and payments for the Kentucky Early Intervention Program services provided through an agreement with the state Title V agency.
Payment and Services
907 KAR 3:030E. Coverage and payments for IMPACT Plus services.
Cabinet For Families And Children: Department of Community Based Services: Family Support: 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.
Protection and Permanency: Child Welfare
922 KAR 1:300. Standards for child-caring facilities.
922 KAR 1:305. Licensure of child-caring facilities and child-placing agencies.
922 KAR 1:380. Standards for emergency shelter child-caring facilities.
922 KAR 1:390. Standards for residential child-caring facilities.
922 KAR 1:460. Standards for youth wilderness camps.
Day Care
922 KAR 2:090 & E. Child care facility licensure.
The Subcommittee adjourned at 9 a.m. until May 14, 2002, at 10 a.m. in Room 149 of the Capitol Annex.