The August meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, August 10, 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 Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives Jimmie Lee, and Jon David Reinhardt.
Guests: Diana Barber, Tim Phelps, Kentucky Higher Education Assistance Authority; David Buckingham, University of Kentucky Agriculture Experiment Station; Richard Dobson, Eddie Mattingly, Department of Revenue; Jennifer Franklin, Jim Grawe, H. Patrick King, Jr., John Parrish, Board of Veterinary Examiners; Nathan Goldman, Jimmy Isenberg, Bernadette Sutherland, Board of Nursing; Ellie Durbin, John Parrish, Board of Licensure for Marriage and Family Therapists; Larry Dusak, Sandra Gruzesky, Emily Harkenrider, R. Bruce Scott, Tom VanArsdall, Department for Environmental Protection; Steve Coffey, Dana Fugazzi, Chad LaRue, Transportation Cabinet; Frederick Huggins, David Stumbo, Department of Labor; Melea Kelch, Bill Nold, Brenda Parker, Chandra Venettozzi; Department of Public Protection; Frank Dempsey, Office of Housing, Buildings, and Construction; Bryan Alvey, Ky. Farm Bureau.
LRC Staff: Dave Nicholas, Emily Caudill, Sarah Amburgey, Karen Howard, Laura Milam, and Jenifer Harrison.
The Administrative Regulation Review Subcommittee met on Tuesday, August 10, and submits this report:
Kentucky Higher Education Assistance Authority: Kentucky Loan Program
11 KAR 3:100. Administrative wage garnishment. Diana Barber, Assistant General Counsel, and Tim Phelps, Student Aid Branch Manager, represented the Authority.
In response to a question by Senator Tapp, Ms. Barber stated that this administrative regulation established the administrative wage garnishment process which was used to collect defaulted student loans. The Authority amended this administrative regulation to base the economic hardship exemption on current federal poverty guidelines.
In response to a question by Senator Roeding, Ms. Barber stated that Kentucky ranked third in the country in collecting defaulted student loans. Kentucky collected $60,000,000 of loan debt last year.
Authority
11 KAR 4:020. Disapproval, assessment of liabilities, limitation, suspension or termination of eligibility to participate in authority programs.
University Of Kentucky: Agriculture Experiment Station: Tobacco Seedlings
12 KAR 6:011E. Repeal of 12 KAR 6:010, 12 KAR 6:015, 12 KAR 6:020 and 12 KAR 6:025. David Buckingham, Seedlings Program Regulatory Coordinator, represented the Station.
In response to a question by Senator Roeding, Mr. Buckingham stated that repealing this package of administrative regulations would not affect tobacco farmers because the authorizing statutes for the package were repealed by the General Assembly in 1996.
Finance And Administration Cabinet: Department of Revenue: Sales and Use Tax; Registration and Collection
103 KAR 25:101. Repeal of 103 KAR 25:081 and 103 KAR 25:091. Richard Dobson, Executive Director, and Eddie Mattingly, Division of Legislative Services, represented the Division.
Sales and Use Tax; General Exemptions
103 KAR 30:021. Repeal of 103 KAR 30:020, 103 KAR 30:040, 103 KAR 30:050, 103 KAR 30:070 and 103 KAR 30:100.
Sales and Use Tax; Administration and Accounting
103 KAR 31:041. Repeal of 103 KAR 31:040. In response to a question by Senator Roeding, Mr. Dobson stated that this administrative regulation repealed regulatory provisions governing bad debts because they were redundant after the enactment of KRS 139.350.
General Government Cabinet: Boards and Commissions: Board of Veterinary Examiners
201 KAR 16.015. Fees. Dr. Patrick King, Director, Jim Grawe, Assistant Attorney General, and John Parrish, Director, Division of Occupations and Professions, represented the Board.
201 KAR 16:030. License, renewal notice.
201 KAR 16:050. Continuing education.
Board of Nursing
201 KAR 20:490. Licensed practical nurse intravenous therapy scope of practice. Jimmy Isenberg, President, Nathan Goldman, General Counsel, and Bernadette Sutherland, Nurse Practice Consultant, represented the Board.
In response to a question by Senator Tapp, Mr. Goldman stated that once licensed practical nurses (LPN's) completed the required additional training, they were eligible to perform the intravenous (IV) therapy.
In response to questions by Senator Roeding, Mr. Goldman stated that this administrative regulation affected 15,000 LPN's. The Board was notifying them of the new scope of practice through its quarterly newsletters and through the professional associations. Additionally, approved continuing education providers, such as hospitals, could offer the required IV training if they followed the training guidelines established by this administrative regulation. They did not have to obtain separate Board approval to offer the training.
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 of this administrative regulation as required by KRS 13A.220; and (3) to amend Sections 1 to 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.
Board of Licensure for Marriage and Family Therapists
201 KAR 32:025. Marriage and family therapist associate. Ellie Durbin, Chair, and John Parrish, Director, Division of Occupations and Professions, represented the Board.
Environmental And Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5. Bruce Scott, Manager, Permits Branch, Tom VanArsdall, Manager, Water Quality Branch, and Sandy Gruzesky, Assistant Director, represented the Division.
In response to questions by Senator Roeding, Ms. Gruzesky stated that this package of administrative regulations did not affect land owners who wished to redirect streams. Additionally, the regulatory provisions were not stricter than federal water quality guidelines. If these provisions were not implemented, the federal Environmental Protection Agency would likely impose more burdensome requirements.
In response to a question by Co-Chair Pullin, Ms. Gruzesky stated that the Division had amended this package of administrative regulations in response to comments received at the public hearing.
401 KAR 5:026. Designation of uses of surface waters. A motion was made and seconded to approve the following amendments: to amend the Surface Water Use Designations Table in Section 5(3) to delete "Bennetts Fork of Yellow Creek" and "Stony Fork of Bennetts Fork." Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 5:029. General provisions. A motion was made and seconded to approve the following amendments: to amend Sections 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.
401 KAR 5:030. Antidegradation policy implementation methodology. A motion was made and seconded to approve the following amendments: (1) to amend Section 1(2) and (3) to specify that for an exception to the water quality requirements for a new or expanded discharger, the KPDES permit applicant only had to demonstrate that there were no technologically or economically feasible alternatives to the lower water quality rather than demonstrating both; (2) to amend the high quality water requirements in Section 1 to more closely correspond to the requirements for exceptional waters; (3) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 3 to incorporate by reference a flow chart outlining the procedures required to maintain water quality. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 5:031. Surface water standards.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:005. Safety administrative regulation. Steve Coffey, Assistant Director, Dana Fugazzi, Staff Attorney, and Chad LaRue, Branch Manager, represented the Department.
In response to a question by Senator Roeding, Mr. Coffey stated that this amended administrative regulation affected 45,000 hazardous materials drivers in Kentucky. The Division was notifying the affected drivers of the new requirements through a mass mailing, through press releases, and through their licensure renewal process. Additionally, Ms. Fugazzi stated that while a mass mailing would be expensive, the cost was much less than the penalty for noncompliance with the new requirements. Kentucky could lose up to $25,000,000.
Senator Roeding requested that that the Division also include the legislators in the mass mailing so they could answer constituent questions about the new requirements. The Division agreed to do so.
Department of Highways: Right-of-way
603 KAR 4:040. TODS signs; placement on public roads other than interstates or parkways.
Environmental And Public Protection Cabinet: Department of Labor: Occupational Safety and Health
803 KAR 2:308 & E. personal protective equipment. Fred Huggins, Deputy General Counsel, and David Stumbo, Health Standards Specialist, represented the Department.
A motion was made and seconded to approve the following amendments: to amend the Necessity, Function, and Conformity paragraph to update Executive Order and reorganization references. Without objection, and with agreement of the agency, the amendments were approved.
Department of Public Protection: Office of Insurance: Health Insurance Contracts
806 KAR 17:490 & E. Hospice benefit requirements. Bill Nold, Counsel, and Brenda Parker, Branch Manager, represented the Office.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Group and Blanket Health Insurance
806 KAR 18:081. Repeal of 806 KAR 18:080.
Health Maintenance Organizations
806 KAR 38:031. Repeal of 806 KAR 38:030.
Office of Housing, Buildings and Construction: Electrical Inspectors
815 KAR 35:060 & E. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227.060. Frank Dempsey, General Counsel, represented the Office.
In response to questions by Senator Tapp, Mr. Dempsey stated that with this administrative regulation, House Bill 461 from the 2003 General Assembly was fully implemented except for low voltage certification. Another administrative regulation was in the regulatory process to address that component of the electrical licensing bill. Furthermore, the Office initially had experienced technical problems in printing photographs of the licensees on their licensure cards. However, those problems were now resolved.
In response to a question by Senator Pendleton, Mr. Dempsey stated that the Division was notifying affected licensees of the new renewal requirements through informative pamphlets, group addresses, and renewal notices.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Sections 1, 2, 5, 6, 7, 8, and 10 to: (1) correct typographical errors; and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The Subcommittee and the promulgating agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Finance And Administration Cabinet: Department of Revenue: Purchasing
200 KAR 5:380. Protests.
General Government Cabinet: Boards and Commissions: Real Estate Appraisers Board
201 KAR 30:040. Standards of practice.
201 KAR 30:060. Fees administrative regulation.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:115 & E. Vesicular stomatitis.
Environmental And Public Protection Cabinet: Department for Environmental Protection: Division of Waste Management: Solid Waste Planning
401 KAR 49:011. General provisions relating to area solid waste management plans.
401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration.
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.
The subcommittee adjourned at 2:30 p.m. until September 14, 2004 at 10:30 a.m.