The December meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, December 10, 2003, at 10:30 AM, in Room 149 of the Capitol Annex. Representative John Arnold, Co-Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair, Representative John Arnold, Co-Chair; Senators Joey Pendleton and Gary Tapp; Representatives James Bruce and Jimmie Lee.
Guests: Carole Catalfo, Phillip Rogers, Brenda Allen, Education Professional Standards Board; Robert B. Barnes, Kentucky Teachers' Retirement System; Eddie Mattingly, Richard Dobson, Revenue Cabinet; Eileen D. Durbin, Kevin C. Brown, Board of Licensure of Marriage and Family Therapists; Tom Bennett, Ellen Benzing, Department of Fish and Wildlife; Edward Lingenfelter, William R. Stewart, Steve Lynn, Justice Cabinet; Stephen G. Horner, Department of Alcoholic Beverage Control; Alex Reese, Mike Robinson, Betsy Dunnigan, Benita Jackie, Debbie Salleng, Cabinet for Health Services.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Karen Howard Laura Milam, Ellen Steinberg, Emily Caudill, and Jenifer Harrison.
Administrative regulations reviewed by the Subcommittee:
Education Professional Standards Board: Administrative Certificates
16 KAR 3:010. Certification for school superintendent. Phillip Rogers, Director, and Carole Catalfo, Assistant Counsel, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to delete outdated language; and (2) to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 3:020. Certification for supervisor of instruction. A motion was made and seconded to approve the following amendments: to amend Sections 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.
16 KAR 3:030. Professional certificate for directors and assistant directors of pupil personnel. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 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.
16 KAR 3:040. Director of special education. In response to questions by Co-Chair Arnold, Ms. Catalfo stated that the amendments to 16 KAR 3:010, 020, 030, 040, and 050 added technology standards for school personnel. The standards did not directly affect the students.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
16 KAR 3:050. Professional certificate for instructional leadership - school principal, all grades. A motion was made and seconded to approve the following amendments: to amend Sections 3, 4, 6, 7, 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.
16 KAR 3:054. Repeal of 16 KAR 3:051, 16 KAR 3:052, 16 KAR 3:053, 16 KAR 3:061.
Educator Preparation
16 KAR 5:009. Repeal of 16 KAR 5:011, 16 KAR 5:012, 16 KAR 5:013, 16 KAR 5:014.
Assessment
16 KAR 6:030. Examination prerequisites for principal certification. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 6 to specify that the examination fee requirements increase would take effect on September 1, 2004, rather than in January 2004. Without objection, and with agreement of the agency, the amendments were approved.
Teachers' Retirement System: General Rules
102 KAR 1:220. Final average salary based on average of three (3) highest salaries. Robert B. Barnes, General Counsel, represented the System.
In response to a question by Co-Chair Arnold, Mr. Barnes stated that the teachers were satisfied with this administrative regulation.
Revenue Cabinet: Sales and Use Tax; Service and Professional Occupations
103 KAR 26:110. Motor carrier repair and replacement parts. Richard Dobson and Eddie Mattingly represented the Cabinet.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 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.
General Government Cabinet: Board of Licensure of Marriage and Family Therapists
201 KAR 32:010. Definitions. Eileen Durbin, Board Chair, and Kevin Brown, Assistant Attorney General, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; (2) to amend the RELATES TO paragraph to correct statutory citations; and (3) to amend 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.
201 KAR 32:025. Marriage and family therapist associate. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to: (a) insert authorizing language; and (b) delete language which repeated the statute, in accordance with KRS 13A.120(2)(e); (3) to amend Section 1 to delete language which repeated the statute, in accordance with KRS 13A.120(2)(e); and (4) to amend Sections 1, 2, 3, 5, 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.
201 KAR 32:060. Continuing education requirements. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; (2) to amend Section 2 to reference 201 KAR 32:010 for the definition of "academic courses"; and (3) 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.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Water Patrol
301 KAR 6:070. Boat dealers. Tom Bennett, Commissioner, and Ellen Benzing, Assistant Counsel, represented the Department.
In response to a question by Representative Bruce, Commissioner Bennett stated that the amendments to this administrative regulation reduced the annual boat dealer registration fee from $150 to $100.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2 to reduce the annual registration fee from $150 to $100. Without objection, and with agreement of the agency, the amendments were approved.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:160 & E. Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records. Steve Lynn, Associate Counsel, William Stewart, and Edward Lingenfelter represented the Department.
Public Protection and Regulation Cabinet: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:030. Transport permit, nonresident licensee. Stephen Horner, Commissioner, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to require three (3) inch lettering only for those vehicles added or altered in the ordinary course of business after the effective date of the administrative regulation; (2) to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 to specify statutory citations; (3) to create a Section 3 to incorporate by reference the required application form; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 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.
Cabinet for Health Services: Office of Inspector General: Office
906 KAR 1:120. Informal dispute resolution. Alex Reese, Administrative Regulation Coordinator, represented the Office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(4) to permit persons appearing before the panel to refer to relevant reference materials; and (2) to amend Section 3(7) to establish procedures if the Inspector General made a determination that was different from the recommendation of the IDR Coordinator or Panel including notice of the Inspector General's rationale and the opportunity to request reconsideration by the Inspector General following an in-person meeting. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:145 & E. Supports for community living services for an individual with mental retardation or a developmental disability. Mike Robinson, Commissioner, and Betsy Dunnigan, Assistant Director, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
General Government Cabinet: Board of Dentistry
201 KAR 8:490. Expungement of records.
Board of Hairdressers and Cosmetologists
201 KAR 12:020. Examination.
201 KAR 12:025. Additional study after failing examination.
201 KAR 12:030. License required.
201 KAR 12:031. Replacement of license - duplicate license.
201 KAR 12:045. Apprentice, nail technician, esthetician and instructor's licensing.
201 KAR 12:050. Reciprocity for valid licensee.
201 KAR 12:055. Instructor's license for out-of-state applicant.
201 KAR 12:060. Inspections.
201 KAR 12:065. Inspection of new, relocated and change of owner salons.
201 KAR 12:070. Requirements for salons of esthetic practices.
201 KAR 12:080. Shops' and schools' public identification.
201 KAR 12:082. School's course of instruction.
201 KAR 12:083. Educational requirements.
201 KAR 12:088. Esthetics' course of instruction.
201 KAR 12:100. Sanitation standards.
201 KAR 12:101. Equipment sanitation.
201 KAR 12:110. School license.
201 KAR 12:115. School requirements for esthetics course.
201 KAR 12:120. School faculty.
201 KAR 12:125. Schools' student administrative regulations.
201 KAR 12:140. School equipment.
201 KAR 12:150. School records.
201 KAR 12:200. Requirements for continuing education for renewal of license.
201 KAR 12:210. Requirements for continuing education; active and inactive license and temporary waiver of requirements.
201 KAR 12:220. Esthetic fee requirements.
201 KAR 12:230. Code of ethics.
201 KAR 12:240. Dual cosmetologist/esthetics instructor license.
Natural Resources and Environmental Protection Cabinet: Department for Surface Mining Reclamation and Enforcement: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
Areas Unsuitable for Mining
405 KAR 24:001. Definitions for 405 KAR Chapter 24.
Transportation Cabinet: Department of Vehicle Regulation: Motor Vehicle Tax
601 KAR 9:085. Procedures for becoming a certified motor vehicle inspector.
601 KAR 9:135. Apportioned registration.
Department of Highways: Traffic
603 KAR 5:066. Weight (mass) limits for trucks.
603 KAR 5:070. Motor vehicle dimension limits.
Education, Arts, and Humanities Cabinet: Kentucky Board of Education: Office of Education: Office of Learning Programs Development: Office of Learning Support Services
704 KAR 7:061. Repeal of 704 KAR 7:060, Missing Kentucky School Children Program.
Public Protection and Regulation Cabinet: Department of Housing, Buildings and Construction: Electrical Inspectors
815 KAR 35:040 & E. Licensing of electrical contractors, electricians, and master electricians.
The Subcommittee adjourned at 11:55 a.m. until January 2004.