The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 13, 2003, at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold Jr., Co-Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative John Arnold Jr., Co-Chair; Senators Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives Jimmie Lee, and Jon David Reinhardt.
Guests: Michael Morgan, Rick Casey, Diana Barber, Kentucky Higher Education Assistance Authority; William Hanes, Eric Wampler, Shawn Sparks, Kentucky Retirement Systems; Sam Blackburn, Larry Disney, Jim Grawe, Real Estate Appraisers Board; Nancy Black, Thomas F. Holcomb, Board of Licensed Professional Counselors; Jon Gassett, Ellen Benzing, Scott Porter, Lee Carolan, Department of Fish and Wildlife; Jack Damron, Department of Corrections; Thor Morrison, Larry Ball, Kentucky Law Enforcement Council; Elizabeth Baker, Kentucky Transportation Cabinet; Glenn Jennings, Carrie Banahan, Bill Nold, Brenda Parker, Wendy Boardman, Melea Kelch, Department of Insurance; Charles Kendell, John Gray, Ann Gordon, Jim Carreer, Vera Frazer, Benjamin R. Sweger, Cabinet for Health Services; Karen Doyle, Rosanne Barkley, Wendy S. Cumston, Cabinet for Families and Children; and Ronny Pryor.
LRC Staff: Dave Nicholas, Donna Little, Karen Smith, Sarah Amburgey, Donna Kemper, Emily Caudill, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday, May 13, 2003, and submits this report:
Kentucky Higher Education Assistance Authority: Division of Student Services: KHEAA Grant Programs
11 KAR 5:130. Student application. Diana Barber, Assistant General Counsel, and Michael Morgan, Student Branch Manager, represented the Authority.
In response to a question by Senator Roeding, Ms. Barber stated that this administrative regulation was amended to permit students in equivalent undergraduate programs, such as pharmacy programs, to retain their eligibility for Kentucky Higher Education Assistance Authority (KHEAA) grants.
In response to questions by Representative Reinhardt, Mr. Morgan stated that only one application was needed to apply for all of the KHEAA grants. It mirrored the federal application. Additionally, the Authority automatically received a copy of a student's federal financial application form if the student indicated Kentucky residency on the form. The Authority then notified the student about which grants the student was eligible for based on that information. The Authority mailed those notices out in March. A student could access the Authority's website at www.KHEAA.com for more information about KHEAA grants and the student's eligibility status.
A motion was made and seconded to approve the following amendments: this administrative regulation was amended to update the Free Application for Federal Student Aid. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:180. Records and reports. In response to questions by Senator Roeding, Mr. Morgan stated that the CAP Grant Program was a need-based financial assistance program for students attending in-state schools. The Kentucky Tuition Grant Program only assisted students attending in-state private schools. The Authority was working to streamline the application process for the various KHEAA grants and to coordinate with other agencies that also had programs promoting access to higher education.
In response to questions by Senator Tapp, Mr. Morgan stated that the institutional record retention requirement was lowered from five (5) to three (3) years to be consistent with the federal requirement.
A motion was made and seconded to approve the following amendments: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include authorizing language; and (2) the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Teacher Scholarship Loan Program
11 KAR 8:040. Deferment of teacher scholarship repayment. A motion was made and seconded to approve the following amendments: (1) Section 5 was added to incorporate by reference certain forms for deferment requests; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Finance and Administration Cabinet: Kentucky Employees' Retirement System: General Rules
105 KAR 1:370 & E. Kentucky Retirement Systems personnel policies. Bill Hanes, Executive Director, and Eric Wampler, General Counsel, represented the Cabinet.
In response to a question by Senator Roeding, Mr. Hanes stated that the emergency version of this administrative regulation had been in effect since December 2002.
In response to questions by Senator Roeding, Mr. Wampler stated that the ordinary version of this administrative regulation substantively differed from the emergency by stating where an employee could obtain a compensation schedule and position specifications.
A motion was made and seconded to approve the following amendments: the material incorporated by reference was amended to provide information within the policy as to where an individual may view or obtain an official copy of the class specifications and salary schedule. Without objection, and with agreement of the agency, the amendments were approved.
Real Estate Appraisers Board
201 KAR 30:040. Standards of practice. Larry Disney, Director of Education, Sam Blackburn, Executive Director, and Jim Grawe, Assistant Attorney General, represented the Board.
A motion was made and seconded to approve the following amendments: (1) Section 4 was amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 5 was amended to incorporate by reference the required material. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:050. Examination, education, and experience requirement. In response to a question by Senator Roeding, Mr. Grawe stated that this administrative regulation required an applicant to demonstrate compliance with the credentialing requirements for the applicant's specific type of appraiser license as established in 201 KAR 30:030.
In response to a question by Senator Roeding, Mr. Blackburn stated that the amendments to this administrative regulation made it easier to become a registered appraiser.
A motion was made and seconded to approve the following amendments: Section 6 was amended for clarity. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:070. Grievances. A motion was made and seconded to approve the following amendments: Section 2 was amended for clarity. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:110. Appraiser roster, transmission, fees, deletions, notification, and hearing. In response to questions by Senator Tapp, Mr. Blackburn stated that this administrative regulation was amended to reduce the roster fee from thirty-five (35) dollars to twenty-five (25) dollars. The authorizing statutes permitted the Board to charge a roster fee of up to fifty (50) dollars.
201 KAR 30:120. Temporary appraisal licenses and certificates. In response to questions by Senator Roeding, Mr. Blackburn stated that because the scope of appraisals could vary substantially, this administrative regulation established that temporary permits for a nonresident appraiser continued until completion of the appraisal assignment, rather than a specific time limit or date. Additionally, a temporary permit only applied for the particular assignment. A nonresident appraiser with several in-state assignments had to obtain permits for each or apply for full reciprocal licensure.
201 KAR 30:130. Standards for education approval - fees. In response to a question by Senator Roeding, Mr. Blackburn stated that this administrative regulation was amended to base the required fee per course rather than per credit hour to encourage and accommodate longer education courses.
Board of Licensed Professional Counselors
201 KAR 36:020. Fees - renewal date. Thomas Holcomb, Board Chair, Jim Grawe, Assistant Attorney General, and Nancy Black, Executive Director, Division of Occupations and Professions, represented the Board.
201 KAR 36:030. Continuing education requirements. In response to a question by Senator Roeding, Mr. Holcomb stated that the Board established a twenty (20) dollar review fee to compensate the Board for performing the lengthy process of reviewing continuing education courses and to generate revenue.
In response to questions by Representative Reinhardt, Ms. Black stated that the Board received the fee to subsidize their operating expenses. Furthermore, Mr. Grawe stated that the course providers paid the fee rather than the attendees. The Board reviewed between ten (10) and twenty-five (25) courses a month.
A motion was made and seconded to approve the following amendments: the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, 4, and 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:040. Code of ethics. A motion was made and seconded to approve the following amendments: the RELATES TO paragraph and Sections 3 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:060. Qualifying experience under supervision. In response to a question by Senator Roeding, Mr. Grawe stated that the amount of required qualifying experience was increased from 3,000 to 4,000 hours to comply with legislative amendments to the Board's authorizing statutes.
A motion was made and seconded to approve the following amendments: Sections 1, 3, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:070. Education requirements. In response to questions by Senator Roeding, Mr. Grawe stated that under the United States Department of Education, colleges and universities were accredited by regionally accredited agencies rather than by a governmental agency. Mr. Holcomb added that the regions extended beyond state lines.
Tourism and Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:140. Requirements for wild turkey hunting. Jon Gassett, Director, and Scott Porter, General Counsel, represented the Department.
In response to questions by Representative Reinhardt, Mr. Porter stated that the Department had expanded the turkey hunting season by three (3) days by creating two (2) five (5) day seasons rather than one (1) seven (7) day season. Mr. Gassett added that a hunter could use either a shot gun or a bow during the two (2) seasons.
301 KAR 2:144. Fall wild turkey hunting.
301 KAR 2:172. Deer hunting seasons and requirements. A motion was made and seconded to approve the following amendments: Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:174. Deer hunting zones.
301 KAR 2:178. Deer hunting on wildlife management areas. A motion was made and seconded to approve the following amendments: (1) Section 6 was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 6(20) was amended to prohibit the use of any centerfire firearms in the Lewis County WMA. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:185. Hunter education training. A motion was made and seconded to approve the following amendments: (1) Section 1 was amended to comply with the format requirements of KRS Chapter 13A; (2) Section 4 was amended to add the specific requirements for the required training; (3) Section 5 was amended to state the basis for denial or revocation of voluntary certification and to provide an appeal to the commission; and (4) the workbook used in the required training was incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:110. Roederer Correctional Complex. Jack Damron, Deputy General Counsel, represented the Department.
In response to a question by Senator Roeding, Mr. Damron stated that the Department would not release an inmate on a furlough if a county, through the local government, the Commonwealth Attorney, or the County Judge Executive, objected to the release.
A motion was made and seconded to approve the following amendments: Section 1 and the material incorporated by reference were amended to correct regulatory citations and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirements; records. Larry Ball, Executive Director, and Thor Morrison, Staff Assistant, represented the Department.
In response to a question by Senator Roeding, Mr. Ball stated that the amendments to this administrative regulation did not extend the training program beyond the current sixteen (16) week period. Instead, they increased the program a maximum of seventy-five (75) minutes a week. If an officer was paid by the hour, the increased training time could minimally increase costs for local governments. After notifying the 421 affected agencies of the change, the Department received only two (2) comments in response.
A motion was made and seconded to approve the following amendments: Section 1 was amended to require a minimum of 660 hours of basic training. Without objection, and with agreement of the agency, the amendments were approved.
Transportation Cabinet: Department of Highways: Division of Professional Services: Professional Engineering and Related Services
600 KAR 6:070. Contracting for professional engineering or related services. Elizabeth Baker, Assistant General Counsel, represented the Cabinet.
A motion was made and seconded to approve the following amendments: Section 2(8)(a) and (b) were amended to: (1) reduce the total amount of compensation for a principal or partner and a nonprincipal or nonpartner back to the present rate of compensation; and (2) reduce the hourly rate of compensation for each group accordingly. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:080. Financial records and audits of firms. A motion was made and seconded to approve the following amendments: Section 2(1) and (2) were amended to remove the amount of compensation for a principal or partner and a nonprincipal or nonpartner and to reformat Section 2 accordingly. Without objection, and with agreement of the agency, the amendments were approved.
Public Protection and Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:370. Standardized health claim attachments. Glenn Jennings represented the Department.
In response to a question by Senator Tapp, Mr. Jennings stated that this administrative regulation did not increase and might reduce paperwork for insurance companies and their providers because it standardized the health claim attachment process.
A motion was made and seconded to approve the following amendments: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health Services: Department for Health Services: State Health Plan
902 KAR 17:041 & E. State Health Plan for facilities and services. John Gray, Director, and Charlie Kendell, Branch Manager, represented the Department.
In response to questions by Senator Roeding, Mr. Gray stated that the Department amended the State Health Plan to reflect the Governor's moratorium on the issuance of Certificates of Need for health services and facilities. The Governor imposed the moratorium by Executive Order through February 2004, with limited exceptions. The moratorium was intended to protect the Medicaid budget by limiting costs through the reduction of unnecessary duplication of services. Historically, every governor since John Y. Brown had issued such a moratorium. Because the Department was required by statute to update this administrative regulation annually, if the next governor removed the moratorium, next year's annual update of this administrative regulation could implement that change.
In response to questions by Representative Reinhardt, Mr. Gray stated that nothing in this administrative regulation prevented the next governor from issuing another executive order canceling the moratorium before it expired.
Department for Medicaid Services: Services
907 KAR 1:065 & E. Payments for price-based nursing facility services. Ben Sweger, Director, and Vera Frazer, Assistant Director, represented the Department.
In response to a question by Senator Roeding, Mr. Sweger stated that the amendments to this administrative regulation extended the June 30, 2002 Medicaid reimbursement rates for county-owned hospital-based nursing facilities.
A motion was made and seconded to approve the following amendments: (1) Section 1 was amended to add definitions of “expenditure period” and “revenue period”; (2) Sections 5 and 13 were amended to clarify requirements pursuant to KRS 13A.222(4)(a); and (3) Sections 1, 5, 8, 10, and 13 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Families and Children: Department for Community Based Services: Family Support: Food Stamp Program
921 KAR 3:042. Food Stamp Employment and Training Program. Karen Doyle, Assistant Director, and Rosanne Barkley represented the Department.
In response to a question by Senator Pendleton, Ms. Doyle stated that the food stamp program was now entirely electronic rather than paper-based.
In response to questions by Senator Roeding, Ms. Barkley stated that the electronic switch had generated financial savings because it had reduced food stamp fraud and abuse and saved substantial printing expenses.
A motion was made and seconded to approve the following amendments: Sections 1, 2, 3, 5, 6, 8, and 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Education Professional Standards Board: General Administration
16 KAR 1:040E. Teachers' National Certification Incentive Trust Fund.
Department of State: Registry of Election Finance: Reports and Forms
32 KAR 1:200E. Transfers of public funds for gubernatorial slates of candidates.
Finance and Administration Cabinet: Kentucky Employees' Retirement System: General Rules
105 KAR 1:150E. Installment purchase procedures.
State Board for Proprietary Education
201 KAR 40:040E. Commercial driver license training school curriculum.
201 KAR 40:050E. Application for license for commercial driver license training school.
201 KAR 40:060E. Application for renewal of license for commercial driver license training school.
201 KAR 40:070E. Commercial driver license training school instructor and agent application and renewal procedures.
201 KAR 40:080E. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools.
201 KAR 40:090E. Complaint procedure against agents, commercial driver license training schools, uncredentialed agents, and uncredentialed commercial driver license training schools.
Tourism and Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:095E. Importation of cervid carcasses and parts.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Division for Air Quality: General Standards of Performance
401 KAR 63:105. Requirements for control technology determinations for major sources in accordance with Clean Air Act section 112(g) and (j).
Department for Surface Mining Reclamation and Enforcement: Surface Effects of Noncoal Mining
405 KAR 5:001E. Definitions for 405 KAR Chapter 5.
405 KAR 5:030E. Permit requirements.
405 KAR 5:035E. Signs, markers, and safety barriers.
405 KAR 5:038E. Blasting.
405 KAR 5:045E. Protection of environmental resources.
405 KAR 5:053E. Replacement of water supply.
405 KAR 5:060E. Handling of materials.
405 KAR 5:075E. Contemporaneous reclamation.
405 KAR 5:080E. Reclamation bond.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:070. Kentucky Correctional Institution for Women
Public Protection and Regulation Cabinet: Kentucky Racing Commission: Thoroughbred Racing
810 KAR 1:027E. Entries, subscriptions, and declarations.
Cabinet for Health Services: Department for Public Health: Sanitation
902 KAR 10:060. On-site sewage disposal application fee.
Health Services and Facilities
902 KAR 20:014E. Effect of previous denial or revocation on applications for a license to operate a health facility or service.
Department for Medicaid Services: Services
907 KAR 1:015E. Payments for hospital outpatient services.
907 KAR 1:155E. Payments for supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:520E. 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 3:090E. Acquired brain injury services.
907 KAR 3:110E. Community mental health center substance abuse services.
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 2:130E. Kentucky Early Intervention Program assessment and service planning.
911 KAR 2:200E. Coverage and payment for Kentucky Early Intervention Program services.
Cabinet for Families and Children: Department for 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 1:130. Kinship Care Program.
The Subcommittee adjourned at 11:55 p.m. until June 10, 2003, at 10:30 a.m., in Room 149 of the Capitol Annex.