The April meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, April 14, 2004, at 10:00 AM, in Room 149 of the Capitol Annex. Representative Tanya Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative Tanya Pullin, Co-Chair; Senators Joey Pendleton and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Jim Grawe, Dr. Howard P. King, Kristen Webb, Board of Veterinary Examiners; Jerry W. Herndon, Board of Architects; Nathan Goldman, Board of Nursing; Darin Moore, Morgain M. Sprague, Jack Damron, Justice and Public Safety Cabinet; Kevin Noland, Education Cabinet; David Coyle, Sally Mooney, Ken Pennington, Dennis Langford, Frank Dempsey, Environmental And Public Protection Cabinet; Kathy Adams, Rosanne Barkley, Gary Bevill, Carla Combs, Karen Doyle, Shirley Eldridge, Victor M. Negron, Cabinet For Health and Family Services; Joe Debin, McBrayer, McGinnis, Leslie and Kirkland Law Firm.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Laura Milam, Ellen Steinberg, and Emily Caudill.
Administrative regulations reviewed by the Subcommittee:
Board of Veterinary Examiners
201 KAR 16:015. Fees. Kristen Webb, Director, Division of Licensing and Occupations, Patrick King, Member, Veterinary Examining Board, and Jim Grawe, Assistant Attorney General, represented the Board. In response to a question by Co-Chair Pullin, Ms. Webb stated that this administrative regulation did not increase any fees.
A motion was made and seconded to approve the following amendment: to amend Section 3 to delete provisions that repeated or summarized statutory provisions. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 16:050. Continuing education. A motion was made and seconded to approve the following amendments: to amend Sections 2 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.
Board of Examiners and Registration of Architects
201 KAR 19:315. Qualifications for certification. Jerry Herndon, Executive Director, and Jim Grawe, Assistant Attorney General, represented the Board.
Board of Nursing
201 KAR 20:215. Continuing competency requirements. Nathan Goldman, General Counsel, represented the Board. A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Justice and Public Safety Cabinet: Breath Analysis Operators
500 KAR 8:020. Breath alcohol analysis instruments. Morgain Sprague, Legal Representative, and Darin Moore, Strategic Planning Branch, represented the Cabinet. A motion was made and seconded to approve the following amendments: (1) 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; and (2) to amend Sections 1 and 2 to update departmental references. Without objection, and with agreement of the agency, the amendments were approved.
500 KAR 8:030. Administration of chemical analysis tests. A motion was made and seconded to approve the following amendments: to amend the Title, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 2 and 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.
Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Jack Damron, Deputy General Counsel, represented the Department. A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to correct citations and to 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.
Department of State Police: Candidate Selection
502 KAR 45:055. Oral interview. Morgain Sprague, Legal Representative, and Darin Moore, Strategic Planning Branch, represented the Cabinet. A motion was made and seconded to approve the following amendments: to amend Section 3 to state that for each category in the oral interview, the scoring range shall be from one to five, rather than zero to five. Without objection, and with agreement of the agency, the amendments were approved.
Education Cabinet: Kentucky Board of Education: Office of Instruction
704 KAR 3:402. Repeal of 704 KAR 3:401, Principal assessment centers. Kevin Noland, General Counsel, represented the Board.
Environmental and Public Protection Cabinet: Department of Financial Institutions: Mortgage Loan Companies and Mortgage Loan Brokers
808 KAR 12:065. Disclosure for lender/broker making less than five (5) loans per year. Sally Mooney, Staff Attorney, Ken Pennington, Deputy Commissioner, and David Coyle, Director, represented the Department. In response to questions by Representative Bruce, Mr. Pennington stated that the Department had worked with the mortgage broker industry on this administrative regulation and that industry was in agreement with its provisions.
Department of Housing, Buildings and Construction: Electrical Inspectors
815 KAR 35:050 & E. Licensing of electrical contractors, electricians, and master electricians. Dennis Langford, Executive Director, and Frank Dempsey, General Counsel, represented the Department. 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 clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1 to 10 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 and Family Services: Department for Public Health: Communicable Diseases
902 KAR 2:055. Immunization data reporting and exchange. Jim Career, Legislative Liaison, Victor Negron, Program Manager, and Gary Bevill, Regulation Drafter, represented the Department. A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 3 to incorporate by reference the required immunization survey; and (2) 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.
Department for Medicaid Services: Block Grants
922 KAR 3:020. Grant services and eligibility. Karen Doyle, Assistant Director, Rosanne Barkley, Branch Manager, and Kathy Adams, Assistant Director, represented the Department.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Environmental and Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5.
401 KAR 5:026. Designation of uses of surface waters.
401 KAR 5:029. General provisions.
401 KAR 5:030. Antidegradation policy implementation methodology.
401 KAR 5:031. Surface water standards.
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.
Cabinet for Health and Family Services: Department for Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:050. Approval of adoption assistance.
922 KAR 1:310. Standards for child-placing agencies.
922 KAR 1:320. Services appeals.
922 KAR 1:330. Child protective services.
922 KAR 1:350. Family preparation.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
The Subcommittee adjourned at 10:21 a.m. until May 11, 2004 at 10:30 a.m.