The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 8, 2004, at 10:30 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 Richard Roeding, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Tim Phelps, Diana Barber, Carl Rollins, Richard Casey, Kentucky Higher Education Assistance Authority; Brenda Allen, Educational Professional Standards Board; Richard Carroll, Board of Accountancy; Bea Collins, Beverly A. McCawley, Cheryl Lalonde-Mooney, Dena Moore, Martha Preston, Lenda Stakelbeck, Jan Rowland, Regina Webb, Board of Hairdressers and Cosmetologists; James J. Grawe, Emma Lou Hartlage, Board of Embalmers and Funeral Directors; Brenda Cook, Jennifer Franklin, Kristen M. Webb, Board of Licensure for Massage Therapy; Tom Bennett, Ellen Benzing, Sherry Kefauver, Department for Fish and Wildlife; Sean Alteri, Katherine E. Ashcraft, Millie Ellis, John Lyons, Environmental and Public Protection Cabinet; Chris Curran, John Lile, Steve Lynn, Morgain Sprague, Justice and Public Safety Cabinet; Kevin Noland, Jody Wilcher, Education Cabinet; Frank Dempsey, Office of Housing, Buildings and Construction; Kathy Adams, Virginia Carrington, Elizabeth Caywood, Carla Combs, Karen Doyle, Shirley Eldridge, Lisa Wise, Cabinet for Health and Family Services; Byran Alvey, Kentucky Farm Bureau Federation; Art Bradshaw, National Cosmetology Association of Kentucky; Connie Bradshaw, Salon Education Services; Greg Brotzge, AIA Kentucky.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Laura Milam, Karen Howard and Jenifer Harrison.
The Administrative Regulation Review Subcommittee met on Tuesday, June 8, 2004, and submits this report:
Other Business:
Co-Chair Pullin stated that the Subcommittee had drafted a resolution in memory of Ronald Reagan, fortieth President of the United States, upon his passing. After the resolution was read in its entirety, Representative Bruce made a motion, seconded by Co-Chair Thayer, that the resolution be adopted. Without objection, the resolution was adopted.
Co-Chair Thayer stated that it was appropriate for the Subcommittee to offer this resolution because during his administrations President Reagan fought against onerous and intrusive federal regulations which stifled small business and industry. Co-Chair Thayer was proud of the Subcommittee's history of finding state regulations deficient for those same reasons. He was proud to sign this resolution because it honored the President who made America feel good about being American again, who fought and ultimately won the war against communism, and who taught him why he was a Republican. He signed the resolution as a Ronald Reagan Republican and as a Ronald Reagan American.
Justice and Public Safety Cabinet: Department of State Police: Criminal History Record Information System
502 KAR 30:060. Dissemination of criminal history record information. Morgain Sprague, Legal Representative, and Darin Moore, Strategic Planning Branch, represented the Department.
At its May 11, 2004 meeting, the Subcommittee approved this administrative regulation as amended and requested additional information about delays in the criminal background check process.
Ms. Sprague stated that she had information for the Subcommittee regarding their concern for the lengthy delays in receiving criminal record background checks from the Department. Even though the Criminal Records and Identification Branch was operating at only half staff due to the personnel hiring freeze, the Branch was able to complete state background checks the same day the request was received. The delay occurred in obtaining the federal background checks from the Federal Bureau of Investigation (FBI). The FBI's processing time ranged from six (6) to eight (8) weeks and could be doubled if the submitted fingerprint card did not comply with the federal quality standards. While the Department could do very little to quicken the FBI's processing time, the Department was planning on mailing out informational letters with proposals to help those needing checks to minimize delays. For example, if two fingerprint cards were submitted at the time of the background check request, the Department could send one immediately to the FBI which would shorten the process by two (2) weeks. Additionally, if the cards initially complied with federal fingerprint quality standards, that would prevent the six (6) to eight (8) week delay that occurred if a card was rejected by the FBI due to insufficient quality. The Department was willing to assist in the fingerprinting process by providing the use of a live scan machine in Frankfort and had plans to make more available across the state.
In response to questions by Co-Chair Pullin, Ms. Sprague stated that the Kentucky State Police Commissioner did consider the open positions in the Criminal Records and Identification Branch to be essential. He had requested the Department of Personnel to declare them so which would enable the Department to fill them during the hiring freeze, but the Department of Personnel had not authorized that request.
In response to questions by Representative Lee, Ms. Sprague stated that the Department of Personnel had indicated to the Department in some fashion that it would not classify those positions as essential. However, the open positions were not the main factor in the background check delays. The main factor was the delay by the FBI in performing the national background checks.
Senator Roeding made a motion, which was seconded by Co-Chair Thayer, for the Subcommittee to send a letter to the federal government expressing concern regarding the delays in obtaining federal background checks and requesting information on how to expedite the process. Without objection, it was so ordered.
Administrative regulations reviewed by the Subcommittee:
Kentucky Higher Education Assistance Authority: KHEAA Grant Programs
11 KAR 5:034. CAP grant student eligibility. Diana Barber, Assistant General Counsel, and Tim Phelps, Student Aid Branch Manager, represented the Authority.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to correct statutory citations and a cross-reference to another administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 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.
Education Professional Standards Board: Teaching Certificates
16 KAR 2:010. Kentucky teaching certificates. Brenda Allen, General Counsel, represented the Board.
In response to questions by Representative Bruce, Ms. Allen stated that an outside entity, Educational Testing Services, performed the teacher certification testing and it established the $500 testing fee. The federal No Child Left Behind Act and the Board's own statutes and administrative regulations required testing a teacher to demonstrate subject matter competency before being certified. However, this administrative regulation established an experimental option in which a teacher could obtain certification in an additional area, without testing, if the teacher had sufficient education and teaching experience in that area.
In response to questions by Senator Roeding, Ms. Allen stated that the Board informed teachers of regulatory changes through the Board's website and by having their leadership staff attend the monthly educational cooperatives of school superintendents. The Board amended this administrative regulation to establish an experimental option and an environmental educational endorsement. The experimental option allowed teachers to add an endorsement to their current certification so they could be certified in an additional subject area. The environmental educational endorsement created a new endorsement for that increasingly popular subject area.
In response to questions by Representative Reinhardt, Ms. Allen stated that this administrative regulation incorporated by reference the application for the experimental option. In general, to obtain the certification, a teacher would need a college major or substantial college course work, teaching experience, and professional development in that area.
Representative Lee stated that he was in favor of this administrative regulation because it ensured that teachers were proficient in the subjects they were teaching in the classroom.
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; and (2) to amend the NECESSITY, FUNCTION AND CONFORMITY paragraph and Sections 2, 3, 4, 5, 6, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved, with Representative Bruce voting not to approve the administrative regulation.
Certification Procedures
16 KAR 4:020. Certification requirements for teachers of exceptional children. 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; and (2) 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. With agreement of the agency, the amendments were approved, with Representative Bruce voting not to approve the administrative regulation.
Assessment
16 KAR 6:010. Written examination prerequisites for teacher certification. 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; and (2) 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. With agreement of the agency, the amendments were approved, with Representative Bruce voting not to approve the administrative regulation.
Advanced Certification and Rank
16 KAR 8:030. Continuing education option for certificate renewal and rank change. 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; and (2) to amend the NECESSITY, FUNCTION AND CONFORMITY paragraph and Sections 2, 3, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved, with Representative Bruce voting not to approve the administrative regulation.
General Government Cabinet: Board of Accountancy
201 KAR 1:041. Repeal of 201 KAR 1:040, 201 KAR 1:045 and 201 KAR 1:130. Richard Carroll, Executive Director, represented the Board.
Board of Hairdressers and Cosmetologists
201 KAR 12:250. School equipment for esthetics course. Dena Moore, Executive Secretary, and Cheryl Lalonde-Mooney, General Counsel, represented the Board. Jan Rowland, Lenda Stakelbeck, Connie Bradshaw, Art Bradshaw, and Regina Webb, appeared in favor of this administrative regulation.
A motion was made and seconded to approve the following amendments: 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.
201 KAR 12:260. License fees, examination fees, renewal fees, restoration fees and miscellaneous fees. In response to questions by Representative Lee, Ms. Moore stated that this administrative regulation did increase existing fees. Due to current budget constraints, the Board had not notified each licensee of the proposed increases with a mass mailing. However, the Board had notified the professional organizations representing the licensees. Generally, the feedback from the professional organizations had been positive and no one had requested a public hearing or submitted written comments regarding the fee increases.
Representative Lee stated that he believed it was important to notify all affected parties of a fee increase before the public hearing so they would have a meaningful opportunity to participate in the hearing.
Subcommittee Staff stated that KRS 13A.255 only required an agency to provide notice of a new or increased fee to each state association, organization, or other representative body. It did not require individual notice.
In response to questions by Representative Reinhardt, Ms. Moore stated that this administrative regulation increased all of the Board's fees to the maximum amount allowed by statute. The least expensive fee increase was an eight (8) dollar increase for cosmetologists which made up the majority of the Board's licensees. The fee increases would generate an extra $300,000.00 for the Board. Currently, the Board was operating at a deficit of $50,000.00. The Board had not increased fees in twenty-four (24) years. The Board planned to use the additional funds to offset their deficit, to provide additional staff to conduct salon inspections for consumer safety, and to upgrade their technology so it would be sufficient to handle their database of 19,000 licensees.
In response to questions by Senator Roeding, Ms. Moore stated that this administrative regulation increased the licensure renewal fees for cosmetologists by eight (8) dollars and for apprentices by twelve (12) dollars.
Ms. Rowland stated that as an owner of six (6) hair design schools, she was in favor of the fee increases. Additionally, she had several signed petitions from the industry supporting the increases. Currently, Kentucky had the lowest fees in the nation as the average hairdresser fee in other states was between seventy-five (75) and 150 dollars. The Board's lack of funds was negatively impacting the entire industry. Because the Board had decreased their licensure testing dates, students were delayed in beginning employment. The Board also provided inadequate technical support to their licensees due to insufficient technology.
In response to questions by Co-Chair Pullin, Mr. Bradshaw stated that he was a co-owner of Salon Education Services and was a representative of the National Cosmetology Association of Kentucky. Approximately five (5) percent of Kentucky cosmetologists and apprentice cosmetologists participated in his association. Additionally, Ms. Moore stated that about another ten (10) percent of cosmetologists participated in other professional associations. Therefore, about fifteen (15) percent of the industry received notice of the fee increases through the professional associations.
In response to questions by Co-Chair Thayer, Ms. Stakelbeck stated that she was a cosmetologist and a salon and spa owner in Louisville. The fee increases would help the consumers because it would remedy the current shortage of licensees in Louisville due to the reduced testing schedule. Until a student was licensed, the student could not work on customers and could not generate income and tax revenue. Ms. Moore added that the Board could resume a full testing schedule with the fee increases.
In response to a question by Co-Chair Pullin, Ms. Moore stated that the Board had not considered a lesser fee increase for cosmetologists because the Board had determined several years ago that the proposed increase was necessary to provide for the Board's needs.
In response to questions by Representative Reinhardt, Ms. Stakelbeck stated that the proposed fee increase would not be a hardship for cosmetologists in smaller salons because it was only an eight (8) dollar increase for the year. Ms. Moore added that the fee increases would enable the Board to resume their full testing schedule of seven days a month. With that schedule, there would be a maximum delay of thirty (30) days for licensure.
In response to questions by Representative Lee, Ms. Moore stated that the Board was proposing the maximum cosmetologist fee allowed by statute because the Board had previously determined that fee to be the minimum amount necessary to operate the Board properly. To increase the fee further, a statutory change would be required.
Ms. Bradshaw stated that she was a co-owner of a salon and also provided continuing education classes and training videos to hairstylists, mostly to those in rural areas. She was in favor of the proposed cosmetologist renewal fee increase and knew from conducting a survey that so were many of her students. Most students surveyed wanted increased services from the Board, such as more communication and more salon inspections, which the Board could provide only with greater funding. The students agreed that the fee increase was reasonable and would have accepted an even higher one.
Mr. Bradshaw stated that through his work in the association and in educational services, he repeatedly heard licensees requesting better support and more services from the Board. He favored the fee increases because the Board could not do more without them.
In response to a question by Representative Reinhardt, Ms. Moore stated that the proposed fee increases should sustain the Board's operation without further increases for ten (10) years.
Ms. Stakelbeck stated that more licensees than those involved in professional associations were aware of the proposed fee increases. She had heard the increases discussed several times in continuing education classes.
Ms. Rowland stated that the twenty (20) dollar licensure renewal fee paid by cosmetologists was cheaper than the forty (40) dollars paid by barbers.
Ms. Webb stated that she was a new Board member and also was a cosmetologist and salon owner. She favored the fee increases because they would enable the Board to conduct sufficient salon inspections to ensure that salons were operated properly and that consumers were protected.
In response to a question by Co-Chair Thayer, Ms. Stakelbeck stated that the increased cosmetologist fees would not generate higher costs for consumers because the increase was not significant enough to make a difference. By a show of hands, the other salon owners attending the Subcommittee meeting agreed.
Co-Chair Pullin stated that she disapproved of the fee increases for cosmetologists and apprentice cosmetologists. She did not want to increase fees for the small salons in her district because it would be a hardship for them. Additionally, none of them had expressed approval of the fee increases to her.
Representative Reinhardt stated that he disapproved of the fee increases for cosmetologists and apprentice cosmetologists for the same reasons as Co-Chair Pullin.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION AND CONFORMITY paragraphs to cite 2004 Ky. Acts ch. 96, sec. 5, which grants authority for this administrative regulation; and (2) 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.
Board of Embalmers and Funeral Directors
201 KAR 15:120. Requirements for applicants holding a license in another state. Jim Grawe, Assistant Attorney General, and Emma Lou Hartlage, Executive Secretary, represented the Board.
Board of Licensure for Massage Therapy
201 KAR 42:020 & E. Fees. Kristen Webb, Director of Occupations and Professions, Barbara Cook, Board member, and Cheryl Lalonde-Mooney, Assistant Attorney General, represented the Board.
In response to a question by Co-Chair Pullin, Ms. Webb stated that this administrative regulation established new fees for the newly created Board.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the statutory provisions of KRS 309.357. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:035 & E. Application process and curriculum requirements. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Section 6 to comply with the drafting requirements of KRS Chapter 13A and to correct a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.
Commerce Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:130. Live bait for personal use. Tom Bennett, Commissioner, Ellen Benzing, Staff Attorney, and Sherry Kefauver, Director of Administrative Services, represented the Department.
In response to a question by Senator Roeding, Commissioner Bennett stated that this administrative regulation reduced the possession limits for frogs and tadpoles from 100 to five (5) because studies indicated their numbers were declining nationwide. Additionally, the market now had artificial bait which worked just as well.
301 KAR 1:171. Grass carp supplier requirements. In response to a question by Co-Chair Thayer, Commissioner Bennett stated that diploid carp would reproduce and triploid carp would not.
A motion was made and seconded to approve the following amendments: 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.
301 KAR 1:400. Assessing fish kill damages.
Game
301 KAR 2:049. Small game and furbearer hunting on public areas.
301 KAR 2:081. Transportation and holding of native wildlife.
Hunting and Fishing
301 KAR 3:029. Repeal of 301 KAR 3:028, Applying for disability hunting and fishing exemption.
Licensing
301 KAR 5:010. License agent selection criteria.
301 KAR 5:020. License agent requirements and responsibilities. A motion was made and seconded to approve the following amendments: 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.
301 KAR 5:030. Purchasing licenses and obtaining replacement licenses.
301 KAR 5:050. Purchasing licenses electronically.
Environmental And Public Protection Cabinet: Department for Environmental Protection: Division of Waste Management:
401 KAR 51:001. Definitions for 401 KAR Chapter 51. John Lyons, Director, and Sean Alteri, Supervisor of Regulation Development, represented the Division.
In response to questions by Senator Roeding, Mr. Lyons stated that this administrative regulation did not apply to tail pipe testing. Additionally, when determining emission reductions by stationary sources, the federal government required the reductions to be contemporaneous, which they had verbally defined as being one (1) year prior to or one (1) year after the needed emission credits.
In response to questions by Representative Reinhardt, Mr. Lyons stated that when determining air quality attainment, the federal government analyzed metropolitan statistical areas rather than counties so northern Kentucky counties were grouped with the other counties surrounding Cincinnati in Ohio and Indiana.
In response to questions by Representative Bruce, Mr. Lyons stated that Christian County had a three year average violation of not being in attainment of air quality standards because while one large industry had moved out, other industries had moved in.
A motion was made and seconded to approve the following amendments: to amend 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.
401 KAR 51:017. Prevention of significant deterioration of air quality.
401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas.
Justice And Public Safety Cabinet: Department of State Police: Candidate Selection
502 KAR 45:025. Disqualification. Morgain Sprague, Legal Representative, and Darin Moore, Strategic Planning Branch, represented the Department.
A motion was made and seconded to approve the following amendments: to amend Section 1(12) to specify that candidates are disqualified if they have tattoos that can been seen when wearing the Kentucky State Police summer uniform shirt. Without objection, and with agreement of the agency, the amendments were approved.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:160. Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records. Steve Lynn, Assistant General Counsel, and John Lile, Director, Kentucky Police Corps, represented the Department.
General Training Provision
503 KAR 3:010. Basic law enforcement training course recruit conduct requirements; procedures and penalties. A motion was made and seconded to approve the following amendments: to amend Sections 2, 6, 7, 9, and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:020. Law enforcement training course trainee requirements; misconduct; penalties; discipline procedures. A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 6, 9, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:040. Telecommunications academy trainee requirements; misconduct; penalties; discipline procedures. A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 6, 7, 12, 13, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:100. Department of Criminal Justice Training - Kentucky Police Corps basic training course cadet conduct requirements; procedures and penalties.
Education Cabinet: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics. Kevin Noland, General Counsel, represented the Department.
In response to a question by Senator Roeding, Mr. Noland stated that the changes to the KHSAA by-laws in this administrative regulation would not negatively affect private schools.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to specify that the required documentation has to be submitted by the KHSAA to the Department annually by October 31 of each year; and (2) to amend Section 5(2) to comply with KRS 13A.2251(2). Without objection, and with agreement of the agency, the amendments were approved.
702 KAR 7:125. Pupil attendance. In response to a question by Senator Roeding, Mr. Noland stated that this amended administrative regulation would not affect home schooling or fees. It helped reduce the paperwork involved in keeping track of pupil attendance.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 6, 8, and 17 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Section 8 to specify that a pupil shall be marked absent for the percentage of the school day that the pupil is absent if it is more than sixty (60) minutes, rather than ten (10) minutes, of the regularly-scheduled school day for that grade level; and (3) to amend Section 21(1) to incorporate by reference the growth factor report and the superintendent's annual attendance report. Without objection, and with agreement of the agency, the amendments were approved.
Environmental And Public Protection Cabinet: Office of Housing, Buildings and Construction: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:125. Kentucky Residential Code/2002. Frank Dempsey, General Counsel, represented the Office.
A motion was made and seconded to approve the following amendments: to amend the agency notation, 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.
Standards of Safety
815 KAR 10:060. Kentucky Standards of Safety. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 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.
Plumbing
815 KAR 20:020. Parts or materials list. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain the changes made by the recent executive orders; and (2) to amend Sections 1, 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.
815 KAR 20:090. Soil, waste and vent systems. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain the changes made by the recent executive orders and to comply with KRS 13A.220(4)(f); and (2) to amend Sections 1, 30, and 35 to comply with the drafting requirements of KRS 13A.222. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:110. Traps and clean-outs. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 11, 12, and 13 to reference changes made by the recent executive orders to the Department. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:191. Minimum fixture requirements. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain the changes made by the recent executive orders and to comply with KRS 13A.220(4)(f); (2) to amend Section 1 to correct the cross-reference to the Kentucky Building Code; and (3) to amend Sections 11, 13, 15, 16, and 17 to comply with the drafting requirements of KRS 13A.222. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:195. Medical gas piping installations. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain the changes made by the recent executive orders and to comply with KRS 13A.220(4)(f); and (2) to amend Section 3 to comply with the drafting requirements of KRS 13A.2251. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet For Health And Family Services: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:500. Family Alternatives Diversion or "FAD". Karen Doyle, Virginia Carrington, and Mike Grimes represented the Department.
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 the NECESSITY, FUNCTION AND CONFORMITY paragraph and 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.
Child Welfare
922 KAR 1:310. Standards for child-placing agencies. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend Section 4 to delete the requirement that a prospective foster or adoptive home have access to a "faith-based organization" due to vagueness and constitutional concerns; and (3) to amend Sections 1, 2, 4, 5, 6, 8, 10 to 18, and 23 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:
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 Natural Resources: 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.
Justice And Public Safety Cabinet: Kentucky Law Enforcement Council
503 KAR 1:140. Peace officer professional standards.
Cabinet For Health And Family Services: Department for Medicaid Services: Medicaid Services
907 KAR 1:022 & E. Nursing facility and intermediate care facility for an individual with mental retardation or a developmental disability level of care criteria.
The Subcommittee adjourned at 12:20 p.m. until July 13, 2004 at 10:30 a.m.