The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 8, 2003, at 10:30 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 James Bruce and Jon David Reinhardt.
Guests: Brenda Allen, Wendell Cave, Marilyn Troupe, Educational Professional Standards Board; Rosemary Center; Jennifer Hans, Registry of Election Finance; Robert Barnes, Teachers' Retirement System; B. R. Salyer, Board of Engineers and Land Surveyors; Nathan Goldman, Board of Nursing; Scott Porter, Jon Gassett, Ellen Benzing, Tom Bennett, Department of Fish and Wildlife Resources; Catherine Staib, Sheila Mulligan, Donna Dutton Cabinet for Economic Development; Sean Alteri, Diana Andrews, Lona Brewer, Natural Resources and Environmental Protection Agency; Jack Damron, Steve Berry, Department of Corrections; William Doyle, Department of Financial Institutions; Dennis Langford, Frank Dempsey, Tim Faust, Department of Housing, Buildings and Construction; Ann Gordon, Guy F. Delius, Jim Carreer, Russ Fendley, David Hanna, Mike Littlefield, Cabinet for Health Services; Karen Doyle, Michael Cheek, Shirley Eldridge, Virginia Carrington, Cabinet for Families and Children; Erv Klein, KAPHC; Jon McCain, Kentucky Mortgage Brokers Association; Steven A. Milby, Milby Plumbing and Piping, Inc.; and Ronny Pryor.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Karen Smith, Sarah Amburgey, Ellen Steinberg and Emily Caudill.
Administrative regulations reviewed by the Subcommittee:
Education Professional Standards Board: Teaching Certificates
16 KAR 2:020. Occupation-based career and technical education certification. Brenda Allen, Director of Legal Services, and Dr. Marilyn Troupe, Director of Educator Preparation Division, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2 to add a citation for KRS 158.070 relating to professional development days. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:190. Probationary certificate for information technology teachers. In response to a question by Senator Roeding, Ms. Allen stated that implementing this administrative regulation would not generate additional costs for the school districts.
Educator Preparation
16 KAR 5:010. Standards for accreditation of educatory preparation units and approval of programs. In response to questions by Senator Roeding, Dr. Troupe stated that an educator preparation unit was any college or university that prepared educators. Additionally, a quality performance index was a grid used to determine the accountability of the educator preparation programs by analyzing various checkpoints of the programs.
In response to questions by Representative Reinhardt, Ms. Allen stated that the same quality performance index applied to all twenty-eight (28) educator preparation units.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 6, 7, 9, 11, 12, 16, 17, 18, 20, 23, and 24 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Assessment
16 KAR 6:020. Written examination prerequisites for occupation-based career and technical education teachers. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Advanced Certification and Rank
16 KAR 8:040. Ranking of occupation-based career and technical education teachers. In response to questions by Senator Roeding, Dr. Troupe stated that a teacher's rank and salary increased from Rank III to Rank I as the teacher obtained additional education, experience, or National Board certification.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of State: Registry of Election Finance: Reports and Forms
32 KAR 1:020. Appointment of campaign treasurer and optional request for reporting exemption. Rosemary Center, General Counsel, and Jennifer Hans, Staff Attorney, represented the Department.
In response to a question by Senator Pendleton, Ms. Hans stated that the request for reporting exemptions was formerly the statement of intent.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to correct citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Practice and Procedure
32 KAR 2:220 & E. Electronic reporting file format and test file compliance procedure. In response to a question by Senator Roeding, Ms. Hans stated that this administrative regulation established a standard electronic reporting file format to enable any interested vendor to create compatible campaign finance software for Kentucky candidates.
A motion was made and seconded to approve the following amendments: to Amend Section 2 to correct numbering. Without objection, and with agreement of the agency, the amendments were approved.
Teachers' Retirement System: General Rules
102 KAR 1:030. Substitute teachers and nonuniversity, noncommunity college part-time members. Beau Barnes, General Counsel, represented the System.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:036. Part-time service for university, college, and community college members. In response to a question by Senator Roeding, Mr. Barnes stated that the amendments to this administrative regulation clarified its requirements but did not increase any costs.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:038. Fractional service year for members initially employed on a full-time basis. In response to a question by Senator Roeding, Mr. Barnes stated that the amendments to this administrative regulation did not increase any costs.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:057. Credit for military service. A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:070. Application for retirement. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to establish a new Section 5 to incorporate by reference the required form. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:100. Insurance. In response to questions by Co-Chair Arnold, Mr. Barnes stated that the amendments to this administrative regulation eliminated a confusing provision that appeared inconsistent with the System's reciprocity program. Additionally, if a System member lived out of state, the member's age determined the member's insurance coverage. If under age sixty-five (65), the System provided the member with a monthly payment to purchase insurance in the current state of residency. The payment amount equaled the amount of insurance the member would have received if still in Kentucky. If age sixty-five (65) or older, the member was covered by Kentucky's self-insured medical insurance plan administered by Aetna.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:110. Leave of absence. In response to a question by Senator Roeding, Mr. Barnes stated that this administrative regulation permitted a teacher who had taken a leave of absence for maternity, sick leave, or other personal reason to purchase accredited service in the retirement system for that time so that the teacher's retirement remained whole.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:121. Repeal of 102 KAR 1:122.
102 KAR 1:150. Optional benefits. A motion was made and seconded to approve the following amendments: to amend Sections 2 to 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:165. Surviving children's benefits. In response to a question by Senator Roeding, Mr. Barnes stated that the System published information regarding the surviving children's benefits in the summary plan description and on the System's web site.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 5, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 5 to specify required forms and their current editions dates; and (3) to establish a new Section 9 to incorporate by reference the required forms. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:185. Reciprocal program between County Employees Retirement System, Kentucky Employees Retirement System, State Police Retirement System, Legislators' Retirement Plan, Judicial Retirement System, and Teachers' Retirement System. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to specify statutory citations; and (2) to amend Sections 2 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:290. Disability retirement review and examinations. In response to questions by Representative Reinhardt, Mr. Barnes stated that the System had a disability retirement program for members who became disabled while in service which provided them with a retirement allowance for the rest of their lives. To qualify for the disability retirement, the members were required to undergo periodic medical examinations to verify the disability. This administrative regulation was amended to decrease the frequency of the required medical examinations on a case by case basis if recommended by the medical review committee.
Board of Licensure for Professional Engineers and Land Surveyors
201 KAR 18:101. Repeal of 201 KAR 18:102. Bud Salyer, General Counsel, represented the Board.
201 KAR 18:104. Seals and signatures. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 5 to incorporate by reference the required material. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing
201 KAR 20:057. Scope and standards of practice of advanced registered nurse practitioners. Nathan Goldman represented the Board.
201 KAR 20:220. Nursing continuing education providers approval.
201 KAR 20:400. Delegation of nursing tasks.
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.
201 KAR 20:450. Alternative program. In response to a question by Senator Roeding, Mr. Goldman stated that the alternative program addressed chemical dependency issues rather than physical or mental impairments.
In response to questions by Representative Reinhardt, Mr. Goldman stated that the nursing field had always struggled with chemical dependency issues. The problem had not noticeably increased in the last five (5) years.
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards. In response to a question by Senator Roeding, Mr. Goldman stated that the number of dialysis technicians in Kentucky had increased from 300 to 500.
Tourism and Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:049. Small game and furbearer hunting on public areas. Tom Bennett, Commissioner, Scott Porter, and Jon Gassett represented the Department.
301 KAR 2:075. Wildlife rehabilitation permit. In response to a question by Senator Roeding, Commissioner Bennett stated that the annual fee for wildlife rehabilitation facilities was consistent with fees for similar programs and was necessary to cover administration costs for the test requested by the facilities.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:095 & E. Importation of cervid carcasses and parts.
301 KAR 2:111. Deer and turkey hunting on federal areas.
301 KAR 2:179. State park deer hunts.
301 KAR 2:240. Statewide bobcat harvest season.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers and small game.
Economic Development Cabinet: Kentucky Economic Development Finance Authority: Kentucky Jobs Development Authority
307 KAR 2:010. Kentucky Jobs Development Act Program. Catherine Staib, Counsel, represented the Authority.
In response to a question by Senator Roeding, Ms. Staib stated that this administrative regulation was amended to clarify its requirements and eliminate some unnecessary provisions to make the Program more accessible to applicants.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 1, 2, 3, 6, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Venture Capital
307 KAR 6:010. Kentucky Investment Fund Act. Donna Dutton represented the Cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) to amend Sections 2, 3, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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). Diana Andrews, Assistant Director, represented the Department.
In response to a question by Senator Roeding, Ms. Andrews stated that this administrative regulation was amended to comply with changes to the corresponding federal regulation. Now, Kentucky deadlines for submissions of control technology determinations were consistent with the federal deadlines.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to specify citations; and (2) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Justice Cabinet: Department of Corrections: Division of Local Facilities: Jail Standards for Full-service Facilities
501 KAR 3:140. Prisoner rights. Jack Damron, Counsel, and Steve Berry, Director of Local Facilities, represented the Department.
Mr. Berry stated that the amendments to this administrative regulation requiring suicide prevention training for jail staff generated no additional costs because the Department of Mental Health had volunteered to provide the training. The Department of Mental Health had also created a written training program which could be incorporated into the Department of Corrections' new staff training.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to use the statutory term of "prisoner" rather than "inmate"; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary
501 KAR 6:040. Kentucky State Penitentiary. A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) delete references to policies which no longer existed; and (2) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
Public Protection and Regulation Cabinet: Department of Financial Institutions: Mortgage Loan Companies and Mortgage Loan Brokers
808 KAR 12:050. Regulation of charges for services rendered in processing and closing real estate loans to consumers. William Doyle, Staff Attorney, represented the Department.
In response to a question by Senator Roeding, Mr. Doyle stated that the amendments to this administrative regulation reflected the Department's compromise with industry regarding the appropriate amount of the allowable markup for biweekly payment programs. The amendments increased the markup from $100 to $600.
In response to a question by Senator Tapp, Mr. Doyle stated that industry was satisfied by the compromise.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to increase the amount of the allowable markup from $100 to $600.
Department of Housing, Buildings and Construction: Kentucky Building Code
815 KAR 7:120. Kentucky Building Code/2002. Dennis Langford, Commissioner, Frank Dempsey, General Counsel, Tim Faust, Director of Plumbing, and Steve Milby, Milby Plumbing and Piping, Inc., represented the Department.
A motion was made and seconded to approve the following amendments: to amend Section 5 to comply with the drafting requirements of KRS 13A.2251. Without objection, and with agreement of the agency, the amendments were approved.
Plumbing
815 KAR 20:011. Repeal of 815 KAR 20:075 and 815 KAR 20:076.
815 KAR 20:020. Parts or materials list. In response to questions by Representative Bruce, Mr. Dempsey stated that this administrative regulation was amended to add a new hot water heater to the list of approved products in the Building Code. Additionally, if a homeowner installed a hot water heater in his own home, he was exempt from the plumbing licensing requirements but not the inspection requirements.
In response to a question by Co-Chair Arnold, Mr. Dempsey stated that if anyone else installed the hot water heater for the homeowner, such as a friend or neighbor, the plumbing licensing requirements applied.
In response to questions by Senator Roeding, Mr. Dempsey stated that the plumbing administrative regulations were reviewed by the Board of Housing and the plumbing committee. The amendments to the administrative regulations were often at the request of the plumbing industry to enable the plumbers to use new products and techniques.
In response to questions by Representative Reinhardt, Commissioner Langford stated that if a homeowner circumvented the regulatory requirements for hot water heater installation and the heater later malfunctioned, the homeowner could have problems collecting under his insurance policy. Additionally, the Department investigated homeowners who attempted to circumvent Kentucky installation requirements by purchasing the heaters across state lines.
Cabinet for Health Services: Department for Public Health: Milk and Milk Products
902 KAR 50:050. Manufacturing plant requirements. Jim Carreer represented the Department.
In response to a question by Senator Pendleton, Mr. Carreer stated that the Department amended this administrative regulation and 902 KAR 50:110 to incorporate the new applicable federal regulations.
Senator Pendleton stated that because dairies were subjected to federal inspections, it was critical that their Kentucky regulatory requirements complied with the federal regulatory requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amends the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 50:110. Grade A milk and milk products standards. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct the name of the Cabinet; and (3) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:015 & E. Payments for hospital outpatient services. Russ Fendley, Director, represented the Department.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:145 & E. Supports for community living services for an individual with mental retardation or a developmental disability. David Hanna, Director, represented the Department.
In response to a question by Senator Roeding, Mr. Hanna stated that to ensure that Support for Community Living (SCL) services were provided first to individuals on the waiting list with the most immediate need, this administrative regulation was amended to create three categories of need. Rather than services being provided based on the individual's date of application, now services were provided based on the individual's category of emergency, urgent, or future planning.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Mental Health and Mental Retardation Services: State Interagency Council for Services to Children with an Emotional Disability
908 KAR 5:010. Disclosure of confidential client information for state and regional interagency councils. Mike Littlefield, Administrative Regulation Coordinator, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) to amend Sections 1, 2, 3, 4, and 5 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: Protection and Permanency: Day Care
922 KAR 2:160. Child Care Assistance Program. Karen Doyle, Assistant Director, and Mike Cheek, Director, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to establish a definition for "qualified alien"; (2) to amend Section 2(1) to establish that to be eligible for a program service, the child must be a Kentucky resident and a U.S. Citizen or qualified alien; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 8 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 following administrative regulation was withdrawn by the promulgating agency:
815 KAR 20:030. License application; qualifications for examination, examination requirements, expiration, renewal, revival or reinstatement of licenses. Subcommittee staff stated that the Department had amended this administrative regulation to require licensed master plumbers to maintain at least $500,000 in general liability insurance. The Department was relying on KRS 318.040(1)(d) as statutory authority for that amendment. KRS 318.040(1)(d) provided that an applicant for a master or journeyman plumber's license shall, among other age and residency requirements, "possess all the other qualifications that may be prescribed by administrative regulations of the commissioner." Those "other qualifications" were requirements that must be met before an applicant was licensed as a master or journeyman plumber. They were not requirements for maintaining, or renewing, the license once it had been issued. The requirement for licensure renewal was payment of the renewal fee, as established pursuant to KRS 318.054. There was no statutory authority for requiring master plumbers to have any amount of general liability insurance.
Subcommittee staff also stated that the Department had proposed similar language in 1997 (requiring a minimum of $300,000 in liability insurance for master plumbers in Kentucky). At its December 1997 meeting, the Administrative Regulation Review Subcommittee had objected to the promulgation of that administrative regulation and the members had made a motion that the administrative regulation be withdrawn because it did not comply with legislative intent. The Subcommittee had unanimously approved that motion and the agency had agreed to withdraw the administrative regulation.
Senator Tapp stated that while he appreciated the comments of Subcommittee staff, he was in favor of this amended administrative regulation. Requiring liability insurance helped the industry to police themselves and served as a consumer protection measure. Other industries also were required to have liability insurance such as electricians and heating and air conditioning contractors. Furthermore, industry had been questioned about whether they were in favor of the insurance requirement. Out of 2,500 questionnaires, 1,087 responses were returned. 699 plumbers favored the requirement with only 388 opposed. Lastly, the Mechanical Contractors of Kentucky, the Kentucky Association of Plumbing, and Heating and Cooling Contractors had all submitted letters in support of the requirement. He made a motion to approve the amended administrative regulation.
Senator Roeding stated that he agreed that requiring liability insurance was a good idea. However, legislative authority was needed before the requirement could be implemented through the administrative regulation process. He would be willing to assist Senator Tapp and the Department in proposing legislation granting that authority during the next session of the General Assembly.
Co-Chair Arnold stated that he too agreed that the amended administrative regulation would accomplish a good objective. However, it was not appropriate for the Subcommittee to legislate that objective through the administrative regulation process. Legislation was required instead.
Representative Reinhardt stated that he was concerned that choosing $500,000 as the amount of required insurance was arbitrary. He encouraged the Department to examine the amount and the rationale for it carefully.
In response to a question by Co-Chair Arnold, Mr. Milby stated that it would cost a plumber between $500 and $750 a year for $500,000 in general liability insurance, including the errors and omissions coverage.
Because legislative authority was needed before this regulatory requirement could be implemented, Co-Chair Arnold requested that Senator Tapp withdraw his motion to approve this amended administrative regulation. Additionally, he requested that the Department withdraw this amended administrative regulation.
Senator Tapp agreed to withdraw his prior motion. Without objection, it was so ordered.
Commissioner Langford stated that while the industry favored this requirement, the Department would follow the Subcommittee's recommendation to pursue it legislatively at this time. He stated that the Department would agree to withdraw this amended administrative regulation. Without objection, it was so ordered.
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.)
Board of 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.
201 KAR 40:100E. Standards for Kentucky resident commercial driver training school facilities.
Tourism and Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:083E. Transportation and holding of captive cervids.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees.
Department of Agriculture: Marketing and Product Promotion
302 KAR 39:010E. Agritourism.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Division for Air Quality: Hazardous Pollutants
401 KAR 57:002. 40 C.F.R. Part 61 national emission standards for hazardous air pollutants.
New Source Performance Standards
401 KAR 60:005. 40 C.F.R. Part 60 standards of performance for new stationary sources.
General Standards of Performance
401 KAR 63:002. 40 C.F.R. part 63 national emission standards for hazardous air pollutants.
Labor Cabinet: Department of Workers Claims
803 KAR 25:010E. Procedure for adjustments of claims.
803 KAR 25:125E. Computation of attorney fee in award of retraining incentive benefits pursuant to KRS 342.732(1)(a) and interim attorney fee motions.
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. Ann Gordon and Guy Delius, Assistant Director, represented the Department.
In response to a question by Senator Roeding, Ms. Gordon stated that the on-site sewage disposal application fee funded the Department's operation and provided for sewer training and oversight. The Department amended this administrative regulation to increase the fee from $30 to $40 to compensate for their increased operating costs. The Department had not increased the fee since 1992.
In response to a question by Senator Roeding, Mr. Delius stated that the Department and the local health departments conducted site evaluations and soil testing for any home or business installing an on-site sewage septic system. The increased fee was necessary to provide adequate training and staffing to ensure that the oversight process was efficient as possible. The Department did not want to hinder home or business development.
Representative Reinhardt stated that technology advances should enable the Department to operate at less expense. Additionally, the Department should be able to provide the Subcommittee more specific justifications for the fee increase and greater detail in how it would be utilized.
Senator Roeding stated that because the increased fee would affect 18,000 on-site sewage disposal applicants annually, he wanted input from builders before the Subcommittee reviewed this administrative regulation. He made a motion to defer consideration of this administrative regulation until that input could be provided. Without objection, and with agreement of the Department, this administrative regulation was deferred.
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.
Food and Cosmetics
902 KAR 45:065E. Tattooing.
Department for Medicaid Services: Medicaid Services
907 KAR 1:006E. Coverage of and payment for services for persons eligible for benefits under both Tittle XIX and Title XVIII.
907 KAR 1:011E. Technical eligibility requirements.
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:018E. Reimbursement for drugs.
907 KAR 1:022E. Nursing facility and intermediate care facility for the mentally retarded and developmentally disabled level of care criteria.
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.
907 KAR 1:604E. Recipient cost-sharing.
907 KAR 1:650E. Trust and transferred resource requirements for Medicaid.
907 KAR 1:805E. Breast and cervical cancer eligibility for Medicaid.
Payment and Services
907 KAR 3:090E. Acquired brain injury services.
Cabinet for Families and Children: Department for Community Based Services: Block Grants
922 KAR 3:020. Grant services and eligibility.
The Subcommittee adjourned at 12:15 p.m. until August 7, 2003, at 9:30 a.m., in Room 149 of the Capitol Annex.