The November meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, November 12, 2002, 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; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: Diane Barber, David Lawhorn, Kentucky Higher Education Assistance Authority; Mary Ellen W. Horner, Educational Professional Standards Board; Scott C. Sutherland, Janet Graham, Office of Attorney General; Jane Alexander Gardner, David J. Reed, Board of Landscape Architects; Tom Bennett, Ellen Benzing, Scott Porter, Fish and Wildlife; John J. Patterson, CMRS Board; Michael Jones, Governors’ Office for Policy Research; Lona Brewer, Diane Andrews, Mark Mangeot, Jeffrey Pratt, Brenda G. Lowe, Jack Bates, Bruce Scott, Sandra Gruzesky, Natural Resources and Environmental Protection Cabinet; Bill Hintze, State Budget Office; Brenda Priestley, Jack Samron, Keith Horn, Justice Cabinet; Carla H. Montgomery, Department of Workers Claims; Lynne Flynn, Betsy Farley, Alex Reese, Gary Bevil Victor M. Negron, Russ Fendley, Mike Robinson, Shirley Herald, Jan Jasper, Robert L. Johnson, Dr. Walton Louis Moore, Suzanne Rogers, Candy Johnson, James D. Carreer, Ben Sweger, Vera Frazer, Tricia Salyer, David Hanna, Colleen Ryall, Cabinet of Health Services; Karen Doyle, Rosanne Barkley, Joyce Lea, Charlene Manuel, Shirley Ann Eldridge, Cabinet for Families and Children; Fred Dent, Kentucky Association of Realtors; Kori B. Jones, Kentucky Farm Bureau Federation, Ron Wolf, Greater Louisville Association of Realtors; John Cooper, Kentucky Bankers Association.
LRC Staff: Dave Nicholas, Donna Little, Edna Lowery, Karen Smith, Sarah Amburgey, Susan Wunderlich, Donna Kemper, and Ellen Steinberg, Emily Caudill.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Education Professional Standards Board: Teaching Certificates
16 KAR 2:180 & E. One (1) year conditional certificate. Mary Ellen W. Horner represented the Board.
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.
Department of Law: Office of the Attorney General: Division of Consumer Protection
40 KAR 2:001 & E. Definitions for 40 KAR Chapter 2. Scott Sutherland, Branch Manager, and Janet Graham, Administrative Regulation Preparer, represented the Division.
In response to questions by Senator Roeding, Ms. Graham stated that this administrative regulation established definitions for 40 KAR Chapter 2. The amendments to this administrative regulation did not affect telephone polling by political candidates because they did not alter the definitions of “automatic calling equipment” or “telephone solicitations.”
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Section 1 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 comply with the drafting requirements of KRS Chapter 13A.
40 KAR 2:075 & E. Commonwealth of Kentucky Zero Call List. Fred Dent, Kentucky Association of Realtors, and Ron Wolf, Greater Louisville Association of Realtors, appeared in opposition to this administrative regulation.
Mr. Dent stated that the Kentucky Association of Realtors was opposed to the no call list confidentiality requirements that were established by this administrative regulation because they infringed on the realtors’ rights to due process. The confidentiality requirements prevented brokers from distributing the no call list to their agents, yet the brokers could be penalized if the agents violated the telemarketing law. The requirements prohibited the brokers from sufficiently informing and supervising the agents.
Ms. Graham stated that the administrative regulation permitted a broker to transfer the no call list to an agent if there was an existing principle - agent relationship so the broker was legally responsible for the agent’s actions. Additionally, the Attorney General’s Office was required by statute to establish confidentiality procedures for the no call list.
This administrative regulation was amended as follows: (1) Sections 1 to 7 were amended to: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) delete provisions that repeated or summarized statutes, as required by KRS 13A.120(2); and (2) the application form incorporated by reference was amended to comply with the applicable statutes.
40 KAR 2:076 & E. Procedures and notification of violations of KRS 367.46955 and 367.170 relative to telephone solicitations. Procedures and notification of violations of KRS 367.46955 and 367.170 relative to telephone solicitations. Fred Dent, Kentucky Association of Realtors, and Ron Wolf, Greater Louisville Association of Realtors, appeared in opposition to this administrative regulation.
In response to questions by Representative Lee, Ms. Graham stated that this administrative regulation established the complaint procedure for telemarketing violations. To accommodate the special needs of the elderly and their vulnerability to fraud, a complaint could be made over the telephone or internet rather than by a sworn affidavit.
In response to questions by Representative Lee, Mr. Sutherland stated that as a safeguard against false complaints, a complainant was required to specify his or her name, address, and telephone number and the substance of the complaint. As an initial response to the complaint, the Attorney General’s Office informally approached the alleged violator and provided them with the details of the complaint so the alleged violator could research whether it occurred or not. Generally, the violator acknowledged the violation and requested an informal resolution. If the alleged violator disputed the violation, the Attorney General’s Office proceeded with formal action only if the complainant provided an affidavit.
Mr. Dent stated that the Kentucky Association of Realtors was concerned about four issues relating to this administrative regulation. First, the Association opposed this administrative regulation’s factors for determining a prior or existing business relationship. For realtors using a multiple listing service, the factors prevented any broker other than the original broker from contacting a seller after an initial listing expired. Second, in for sale by owner cases, they were prohibited from contacting the owner unless they had a specific prospective buyer or prior consent from the owner. Third, they opposed being restricted from following up with a person who had contacted them for information through an advertising medium, such as an internet site registration. They considered this public initiated contact to which they should be able to respond. Lastly, this administrative regulation infringed upon their rights to due process by permitting non-written complaints of violations.
Mr. Wolf stated that the Greater Louisville Association of Realtors also opposed being restricted from responding to contact initiated by the public through a technology medium.
In response to the first three concerns raised by the Kentucky Association of Realtors, the Attorney General’s Office offered to amend this administrative regulation to delete the factors for determining a prior or existing business relationship. Without objection, the amendment was approved. Additionally, in response to the fourth concern, the Attorney General’s Office offered to amend this administrative regulation to classify all complaints as open records upon filing, rather than upon their final disposition. Without objection, the amendment was approved.
In response to questions by Representative Lee, Ms. Graham stated that she agreed that some portions of the telemarketing statutes needed to be clarified through the legislative, rather than the administrative, process. Furthermore, Mr. Sutherland stated that one issue warranting statutory clarification was what qualified as a prior express request. The Attorney General’s Office had not attempted to address that issue in this administrative regulation but recognized the need for the clarification.
The Subcommittee unanimously approved a motion by Representative Bruce to prepare a written request that the Attorney General submit to the General Assembly proposed legislation containing needed clarifications to the telemarketing statutes or a document summarizing those needed clarifications.
This administrative regulation, as amended, was approved with one objection.
This administrative regulation was amended as follows: (1) the TITLE was amended to more clearly identify the subject matter of this administrative regulation; (2) the RELATES TO paragraph was amended to correct statutory citations; (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); (4) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A; (5) Section 2 that established prior or existing business relationship factors was deleted; and (6) Section 3 and the material incorporated by reference were amended to establish the complaints as open records upon filing.
Board of Examiners and Registration of Landscape Architects
201 KAR 10:010. Board personnel. David Reed, President, and Jane Gardner, Executive Director, represented the Board.
This administrative regulation was amended as follows: Section 1 was amended to correct a KRS Chapter 13A formatting error and to replace text omitted by amendment.
201 KAR 10:021. Repeal of 201 KAR 10:020 and 201 KAR 10:060. This administrative regulation was amended as follows: (1) the title and the NECESSITY, FUNCTION, AND CONFORMITY paragraph were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) a new section 2 was added to repeal 201 KAR 10:060 which was no longer needed.
201 KAR 10:030. Code of ethics. 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; and (3) Section 1 was amended to correct drafting and formatting errors as required by KRS Chapter 13A.
201 KAR 10:050. Fees. In response to questions by Senator Roeding, Mr. Reed stated that the amendments to this administrative regulation increased two fees. The Board increased the licensure renewal fees to recoup their increased operating costs, such as office space rental fees. The Board increased the national examination fee to accommodate the higher examination fee imposed by their national organization.
In response to a question by Chairman Arnold, Mr. Reed stated that the Board had notified its members of the fees increases and had not received any objections.
This administrative regulation was amended as follows: the STATUTORY AUTHORITY paragraph was amended to add two statutory citations.
201 KAR 10:080. Continuing education. This administrative regulation was amended as follows: Sections 2, 7, 8, and 12 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:020. CMRS carrier cost recovery. John Patterson, CMRS Administrator, represented the Board.
This administrative regulation was amended as follows: (1) Section 3 was amended to address all phases of wireless E-911 service; and (2) Sections 12 and 15 were amended to correct minor technical errors.
202 KAR 6:090. Permitted uses by PSAPs for CMRS funds. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to add statutory citations; and (2) Sections 1 to 4 were amended to correct minor technical errors.
Department of Fish and Wildlife: Game
301 KAR 2:041 & E. Shooting preserves and foxhound training enclosures. Tom Bennett, Commissioner, Scott Porter, General Counsel, Jon Gassett, Division Director, and Benjy Kinman represented the Department.
Senator Pendleton introduced amendments to this administrative regulation and 301 KAR 2:083 in response to a new executive order regarding chronic wasting disease and its detection in Illinois deer. Commissioner Bennett stated that the amendments prohibited the issuance of new permits for holding deer and elk in Kentucky until the executive order expired and the administrative regulations could be updated. Without objection, the administrative regulations were amended.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Sections 3 and 7 to 12 were amended to correct drafting and formatting errors as required by KRS Chapter 13A; (3) Section 3 was amended to prohibit the issuance of a permit for shooting preserves for hoofed animals and members of the family Suidae; (4) Section 6 that required removal of all natural cervids was deleted; and (5) Section 9 was amended to prohibit the importation, release, or hunting of wild hogs, javelinas, or any member of the family Suidae.
301 KAR 2:081 & E. Pet and propagation permits. 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 and 4 were amended to correct drafting errors as required by KRS Chapter 13A.
301 KAR 2:082 & E. Importing and holding exotic wildlife. This administrative regulation was amended as follows: Section 7 was deleted because it established an effective date which was no longer needed.
301 KAR 2:083 & E. Transportation and holding of captive cervids. This administrative regulation was amended as follows: Sections 1 to 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
301 KAR 2:084 & E. Importation of game birds. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct a minor error; and (2) Sections 1 to 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Division of Water: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5. Jeff Pratt, Director, and Bruce Scott, Permit Program Manager, represented the Division.
In response to a question from Senator Pendleton, Mr. Pratt stated that the amendments to 401 KAR 5:002, 5:055, 5:057, 5:060, 5:065, 5:070, and 5:075 did not effect the timing of the KPDES permitting process.
This administrative regulation was amended as follows: (1) to place definitions in alphabetical order, pursuant to KRS 13A.222(4)(e); (2) to correct a citation; and (3) to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:055. Scope and applicability of the KPDES Program. This administrative regulation was amended as follows: to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:057. KPDES pretreatment requirements. This administrative regulation was amended as follows: to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:060. KPDES application requirements. This administrative regulation was amended as follows: (1) Section 5 was amended to comply with KRS 13A.130(1) regarding modification of an administrative regulation by internal agency action; and (2) Sections 1, 2, 3, 5, 6, 9, 12, and 15 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:065. KPDES permit conditions. This administrative regulation was amended as follows: (1) Section 2 was amended to specify a regulatory citation; and (2) Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:070. Provisions of the KPDES permit. This administrative regulation was amended as follows: (1) Section 7(3) was amended to specify that expedited permit revocation procedures shall not be available to permittees that were subject to pending enforcement actions including citizen suits brought under the Clean Water Act, 33 USC 1365; and (2) Sections 2 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 5:075. Cabinet review procedures for KPDES permits. This administrative regulation was amended as follows: Sections 1, 2, 3, 4, 5, 7, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Division for Air Quality: General Administrative Services
401 KAR 51:001. Definitions for 401 KAR Chapter 51. Lona Brewer, Manager, Program Planning and Administration Branch, Diane Andrews, Assistant Director, Bill Hintze, Deputy State Budget Director, Governor’s Office for Policy and Management, and Michael Jones, Governor’s Office for Policy Research, represented the Division.
In response to a question by Senator Roeding, Ms. Andrews stated that the NOx Allowance Tracking System enabled the Division to monitor each NOx allocation the state issued to a utility.
This administrative regulation was amended as follows: (1) to specify citations; and (2) to comply with the drafting and format requirements of KRS Chapter 13A.
401 KAR 51:160. NOx requirements for large utility and industrial boilers. In response to questions by Senator Roeding, Ms. Andrews stated that a NOx allocation was the nitrogen oxide emissions tonnage that a utility was allowed. The emissions were limited because they contributed to the formation of ozone.
In response to questions by Senator Roeding, Ms. Brewer stated that ninety-five (95) percent of Kentucky’s total NOx allowances were allocated to existing utilities. The amendments to this administrative regulation affected how the remaining five percent were allocated. Rather than being allocated on an annual basis to new utilities, the credits were now auctioned at open market.
In response to questions by Senator Roeding, Mr. Jones stated that current prices for NOx credits ranged from $2900 to $4700, depending on the allowance’s time period. All sales had to be routed through the Environmental Protection Agency’s web site for tracking purposes, but could be made by any buyer, from a utility to a boy scout troop.
In response to questions by Senator Roeding, Mr. Hintze stated that the sale of the NOx allowances was expected to generate 16.2 million dollars for the current fiscal year’s general fund.
In response to questions by Senator Pendleton, Mr. Jones stated that the auction operated like the stock market, with Kentucky serving as the seller.
In response to a question by Representative Bruce, Ms. Andrews stated that while the existing utilities did not have to purchase their ninety-five percent of the NOx allocations, they did not receive a financial advantage because reducing their NOx emissions to comply with their new allocations was an expensive process.
This administrative regulation was amended as follows: (1) to specify citations; and (2) to comply with the drafting and format requirements of KRS Chapter 13A.
Justice Cabinet: Child Welfare
505 KAR 1:150 & E. Notice of placement. Keith Horn, Office of General Counsel, represented the Department.
In response to a question by Senator Roeding, Mr. Horn stated that this administrative regulation only applied to out-of-county juvenile placements because local courts and school districts already had access to records of juveniles placed in-county.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Labor Cabinet: Department of Workers' Claims
803 KAR 25:009 & E. Procedure for adjustment of coal workers' pneumoconiosis claims. Carla Montgomery, Counsel, represented the Department.
In response to questions by Representative Bruce, Ms. Montgomery stated that the claim adjustment procedure utilized a consensus process and B readers.
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 to 8, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
803 KAR 25:120 & E. Training or education programs eligible for retraining incentive benefits and bonuses. In response to a question by Senator Roeding, Ms. Montgomery stated that the Branch Manager for the retraining incentive benefits section in the Department monitored the eligibility of the carriers and applicants.
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, 2, 3, and 5 to 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet for Health Services: Department for Public Health: Communicable Diseases
902 KAR 2:060. Immunization schedules for attending day care centers, certified family child care homes, other licensed facilities which care for children, preschool programs, and public and private primary and secondary schools. Jim Carreer, Legislative Liaison, and Victor Negron, Program Manager, represented the Department.
In response to questions by Senator Roeding, Mr. Negron stated that this administrative regulation established an immunization schedule for Hepatitis B which required three doses of the injected vaccination. The schedule established minimal intervals between vaccinations based on a recipient’s age. If a vaccine was administered too soon, only that dose was rendered invalid.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Sections 1 to 3 were amended for clarity; (2) Section 2(2) was amended to correct the number of vaccinations required to complete a current immunization certificate for a child over age 4; and (3) Section 4 was amended to add Advanced Registered Nurse Practitioners and Physician Assistants as persons qualified to issue or sign an immunization certificate.
Local Health Departments
902 KAR 8:170 & E. Local health department financial management requirements. Jim Carreer, Legislative Liaison, represented the Department.
In response to a question by Representative Bruce, Mr. Carreer stated that the Department had consulted with the local health departments in drafting the amendments to this administrative regulation.
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 add the definition of "fee-for-service program"; and (3) Sections 2 to 7 were amended for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A.
Mobile Homes and Recreational Vehicle Parks; Facilities Standards
902 KAR 15:010. Manufactured and mobile homes. Jim Carreer, Legislative Liaison, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; (2) Section 1 was amended to add a definition of "flood plain" and correct other definitions; (3) Section 2 in lieu of a form was deleted, as required by statute; (4) Section 19 was added, incorporating by reference an application form; and (5) Sections 4, 5, 8, 11, 15, 17, 18, and 19 were amended for clarity and to comply with KRS Chapter 13A.
902 KAR 15:020. Recreational vehicles. This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct a statutory citation and to more clearly state their necessity and function; (2) Sections 1, 4, 6, 7, 9, 10, 12 to 16, and 18 to 20 were amended for clarity and technical correction; (3) Section 2 in lieu of a form was deleted, as required by statute; and (4) Section 20 was added, incorporating by reference an application form.
Health Services Facilities
902 KAR 20:380 & E. Operations and services; residential hospice facilities. Alex Reese, Office of Inspector General, represented the Department.
In response to a question by Senator Roeding, Mr. Reese stated that the Kentucky Hospice Association had played an integral part in the drafting of this administrative regulation.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 6 were amended for clarity, to correct drafting errors, and to correct errors noted in the Initial Staff Review (Staff Review Form, Health and Welfare Committee).
Radiology
902 KAR 100:012. Fee schedule. Jim Carreer, Legislative Liaison, Jan Jasper, and Dr. John Volpe represented the Department.
In response to questions by Representative Lee, Ms. Jasper stated that the Department raised their radiology fees to recoup their increased operating costs due to additional post 9/11 duties and needed training.
In response to questions by Representative Lee, Mr. Carreer stated that only one out of 400 affected payees objected to the fee increases.
In response to questions by Representative Lee, Dr. Volpe stated that the Department determined the amount of the fee increases by analyzing the federal fees as established in the Nuclear Regulatory Commission’s fee schedule, the fees charged by surrounded states, and the Department’s actual operating costs. They increased the fees only by the amount necessary to continue their programs and services.
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 and Section 2 were amended to correct minor drafting errors.
Services
907 KAR 1:013 & E. Payments for hospital inpatient services. Russ Fendley, Division Director, and Vera Frazer, Assistant Director, represented the Department.
In response to questions by Senator Roeding, Ms. Frazer stated that this administrative regulation would generate savings of state and federal funds.
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, 3, 5, 6, 8, 10, 12, 13, 14, 16, 18, 19, 20, 22, and 23 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:018 & E. Reimbursement for drugs. 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.
907 KAR 1:025 & E. 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, and a nursing facility with an all-inclusive rate unit. This administrative regulation was amended as follows: Sections 1, 2, 3, 5, 6, 7, 8, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:031 & E. Payments for home health services. This administrative regulation was amended as follows: Sections 1, 3, 4, 6, 7, 8, 9, 11, 12, 13, and 14 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:072 & E. Payments for homecare waiver services. This administrative regulation was amended as follows: Section 6 was amended to correct the cross-reference for 907 KAR 1:671, relating to appeals.
907 KAR 1:092 & E. Payments for personal care assistance waivers services. This administrative regulation was amended as follows: Section 6 was amended to correct the cross-reference for 907 KAR 1:671, relating to appeals.
907 KAR 1:170 & E. Payments for home and community based waiver services. This administrative regulation was amended as follows: Sections 1, 2, 4, and 6 were amended to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) use the federal term Quality Improvement Organization (QIO), rather than Peer Review Organization (PRO), to comply with federal regulatory language.
907 KAR 1:360 & E. Preventive and redial public health services provided through interagency agreement. This administrative regulation was amended as follows: Sections 1, 2, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Payment and Services
907 KAR 3:100 & E. payments for acquired brain injury services. Tricia Salyer and David Hanna represented the Department.
This administrative regulation was amended as follows: Sections 1, 2, 5, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Kentucky Children's Health Insurance Program
907 KAR 4:020 & E. Kentucky Children's Health Insurance Program Medicaid Expansion Title XXI of the Social Security Act. Lynne Flynn and Betsy Farley represented the Program.
This administrative regulation was amended as follows: (1) to add authorizing language to the NECESSITY, FUNCTION, AND CONFORMITY paragraph; (2) to correct and specify citations; and (3) to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Mental Health/Mental Retardation Services: Kentucky Traumatic Brain Injury Trust Fund Board
908 KAR 4:030. Traumatic brain injury trust fund operations. Colleen Ryall, Board of Directors, and Mike Littlefield, Administrative Regulation Coordinator, represented the Board.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to add citations; (2) Section 1 was amended to cite to a definition contained in the Kentucky Revised Statutes; and (3) to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet for Families and Children: Department of Community Based Services: Family Support: K-Tap, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:017. Kentucky Works supportive services. Karen Doyle, Assistant Director, Rosanne Barkley, and Joyce Lea 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 4, 6, 8, and 14 were amended for clarity.
921 KAR 2:500. Family Alternatives Diversion or "FAD". 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 2 to 5 were amended for clarity.
921 KAR 2:510. Relocation Assistance Program. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct a statutory citation; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended for clarity.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Higher Education Assistance Authority: Kentucky Educational Savings Plan Trust
11 KAR 12:010. Definitions for 11 KAR Chapter 12. David Lawhorn, Program Administrator, and Diane Barber, Assistant General Counsel, represented the Authority.
11 KAR 12:030. Eligibility of beneficiary and participant.
Education Professional Standards Board: General Administration
16 KAR 1:050 & E. Local educatory assignment data. Mary Ellen W. Horner represented the Board.
In response to questions by Senator Roeding, Ms. Horner stated that each semester, school districts submitted an educator assignment data report containing a list of school employees and their job assignments. The report enabled the Board to ensure that the employees’ assignments matched their certifications.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:201. Fishing limits. Tom Bennett, Commissioner, Scott Porter, General Counsel, Jon Gassett, Division Director, and Benjy Kinman represented the Department.
In response to questions by Representative Lee, Commissioner Bennett stated that the Department increased the muskie limit from thirty (30) to forty (40) inches at Buckhorn Lake State Park to create a trophy muskie fishery in Kentucky. A survey indicated that sixty-one (61) percent of fishermen favored the increased limit. Muskie reached the limit approximately halfway through their life span. The Department hoped a trophy muskie fishery would increase tourism for that local area.
In response to questions by Representative Lee, Mr. Kinman stated that the Department interviewed 175 fishermen in their muskie survey. A forty inch limit was not excessive when compared with the limits of several other states which had been raised to fifty (50) inches.
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 For Technology: Telehealth Board
10 KAR 3:050E. Establishing protocols and standards for telehealth network training centers and rural sites.
Education Professional Standards Board: General Administration
16 KAR 1:040 & E. Teachers' National Certification Incentive Trust Fund.
Department of Law: Office of the Attorney General: Division of Consumer Protection
40 KAR 2:070E. Procedure for registration of telemarketing companies.
Racial Profiling
40 KAR 7:010. Procedures for reporting allegations of racial profiling.
Revenue Cabinet: Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:070E. Taxation of loaner and rental motor vehicles.
Finance and Administration Cabinet: Purchasing
200 KAR 5:350E. Guaranteed energy savings performance contracting.
Board of Examiners and Registration of Landscape Architects
201 KAR 10:040. Applications.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:225E. Dove, wood duck, teal, and other migratory game bird hunting.
Department of Agriculture: Livestock Sanitation
302 KAR 20:010. Definitions.
302 KAR 20:066 & E. Chronic wasting disease surveillance in captive cervids.
302 KAR 20:100. Garbage.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Division of Waste Management: Environmental Protection
401 KAR 100:100. Remediation requirements.
Justice Cabinet: Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:999. Corrections secured policies and procedures.
Department of State Police: Personnel; General
502 KAR 5:020. Code of ethics.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirements; records.
503 KAR 1:160 & E. Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records.
503 KAR 1:170. Career Development Program.
General Training Provisions
503 KAR 3:090 & E. Department of Criminal Justice Training - Kentucky Police Corps Program.
503 KAR 3:100 & E. Department of Criminal Justice Training - Kentucky Police corps basic training course cadet conduct requirements; procedures and penalties.
Concealed Deadly Weapons
503 KAR 4:040E. Required instructor training.
503 KAR 4:050E. Required content and conduct of the applicant training course.
503 KAR 4:060E. Reporting test scores and issuing certificates of completion.
503 KAR 4:080E. Repeal of 503 KAR 4:030 and 503 KAR 4:070.
Public Protection and Regulation Cabinet: Department of Insurance: Fees and Taxes
806 KAR 4:010E. Fees of the Department of Insurance.
Agents, Consultants, Solicitors and Adjusters
806 KAR 9:030E. Adjusters, apprentice adjusters; licenses, restrictions.
806 KAR 9:070E. Examinations.
806 KAR 9:190E. Disclosure requirements for financial institutions authorized to engage in insurance agency activities.
806 KAR 9:210E. Financial responsibility forms; time limit for replacement of evidence of licensee financial responsibility.
806 KAR 9:310E. Viatical settlement broker license.
806 KAR 9:320E. Viatical settlement provider license.
806 KAR 9:331E. Repeal of 806 KAR 9:330.
Surplus Lines
806 KAR 10:030E. Reporting requirement for broker's statement and surplus lines tax.
Health Insurance Contracts
806 KAR 17:085E. Minimum standards for short-term nursing home insurance policies.
806 KAR 17:095E. Reimbursement for general anesthesia and facility charges for dental procedures.
806 KAR 17:150E. Health benefit plan rate filing requirements.
806 KAR 17:180E. Standard health benefit plan and comparison format.
806 KAR 17:280E. Registration, utilization review, and internal appeal.
806 KAR 17:290E. Independent External Review Program.
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 17:360E. Prompt payment of claims.
806 KAR 17:440E. Provider agreement, subcontract agreement, and risk-sharing arrangement agreement filing requirements for insurers offering a limited health service benefit plan.
806 KAR 17:450E. Insurance purchasing outlet requirements.
Health Maintenance Organizations
806 KAR 38:021E. Repeal of 806 KAR 38:020.
Prepaid Dental Plan Organization
806 KAR 43:011E. Repeal of 806 KAR 43:010.
Liability Self-insurance Groups
806 KAR 46:021E. Repeal of 806 KAR 46:020.
Cabinet for Health Services: Certificate of Need
900 KAR 6:050E. Certificate of need administrative regulation.
Department for Public Health: Communicable Diseases
902 KAR 2:065E. Immunization requirements for long term care facilities.
Sanitation
902 KAR 10:046E. Repeal of 902 KAR 10:045.
902 KAR 10:180E. Tattoo, body piercing and permanent makeup administrative regulation.
State Health Plan
902 KAR 17:041E. State Health Plan for facilities and services.
Department for Medicaid Services: Services
907 KAR 1:006E. Coverage of and payment for services for persons eligible for benefits under Title XVIII.
907 KAR 1:015E. Payments for hospital outpatient services.
907 KAR 1:030E. Home health agency services.
907 KAR 1:045E. Payments for mental health center services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
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 1:520E. Payments for targeted case management services for adults with chronic mental illness.
907 KAR 1:530E. Payments for targeted case management services for severely emotionally disturbed children.
Payment and Services
907 KAR 3:030E. Coverage and payments for IMPACT Plus services.
907 KAR 3:110E. Community mental health center substance abuse services.
Office of Aging Services: Aging Services
910 KAR 1:180E. Homecare program for the elderly.
Commission for Children with Special Health Care Needs: Kentucky Early Intervention System
911 KAR 2:120E. Kentucky Early Intervention Program evaluation and eligibility.
911 KAR 2:200E. Coverage and payment for Kentucky Early Intervention Program services.
Cabinet for Families and Children: Department of Community Based Services: Family Support: K-Tap, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:520. Work Incentive or "WIN".
Energy Assistance Program/Weatherization
921 KAR 4:116E. Low Income Home Energy Assistance Program or "LIHEAP".
Protection and Permanency: Child Welfare
922 KAR 1:440E. Standards for children's advocacy centers.
922 KAR 1:450E. Eligibility confirmation for tuition waiver.
922 KAR 1:460. Standards for youth wilderness camps.
922 KAR 1:490E. Background checks for foster and adoptive parents and reporting requirements.
Block Grants
922 KAR 3:040E. Allocation formula.
Adult Services
922 KAR 5:101. Repeal of 922 KAR 5:100.
The Subcommittee adjourned at 12:20 p.m. until December 10, 2002, at 10 a.m. in Room 149 of the Capitol Annex.