The December meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, December 14, 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 James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Ryan M. Halloran, Sandy Milburn, State Board of Elections; Michael Plumley, Office of the Attorney General; Andy Crocker, Personnel Board; Jamie Link, Ed Ross, Secretary Robbie Rudolph, Mark Treesh, Finance and Administration Cabinet; Becky Klusch, Board of Physical Therapy; Philip J. Anderson, Robert Amato, Jason Bentley, Richard Dinkins, Sara Evans, Dennis Giles, Tony Hatton, Nell Hughes, Leslie J. King, Michael Mullins, Les Renkey, Bruce Scott, Environmental and Public Protection Cabinet; Steve Coffey, Joe England, Dana Fugazzi, Doug Sutton, Transportation Cabinet; Timothy K. Lucas, Kevin Noland, Education Cabinet; Dave Fleenor, Angela Kirkland, Jason Milligan, Stuart Owen, Shannon Turner, Dr. Steve Davis, Germaine O'Connell, Rebecca Randall, Department for Public Health; Virginia Carrington, Shirley Eldridge, Jason Moseley, Department for Community Based Services; Bryan Miles, Robert Rasmusson, Mary F. Schinkle, SWACK; Bart Baldwin, Children's Alliance; Joe Lord, ABC, Wade Johnson, Woodford County Solid Waste/SWACK; Larry Morris, Ohio County Solid Waste; Bill Londrigan, Kentucky State AFL-CIO; Larry L. Roberts, Kentucky State Building Trades; Marie Allison, Advocacy Groups for Persons with Developmental Disabilities; Melissa Bowman, Heidi Schissler, Protection and Advocacy; Bob Rowland, Kentucky Association of Tobacco Outlets; Richard Tanner; Kentucky Magistrates and Commissioners; Charles R. Lovorn, Kentucky Association of Highway Contractors.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Karen Howard, Jenifer Harrison and Emily Harkenrider.
Administrative Regulations Reviewed by the Subcommittee:
Kentucky State Board Of Elections: Forms and Procedures
31 KAR 4:140 & E. Submitting absentee ballot applications to the Department of Defense Interim. Sandy Milburn, Assistant Director, and Ryan Halloran, Assistant Attorney General, represented the Board.
In response to a question by Senator Roeding, Mr. Halloran stated that soldiers were informed about this new method to submit absentee ballots by the Department of Defense and by a special officer in every unit. The Board had instituted the new method with an emergency administrative regulation prior to the November elections. The new method had worked well, but the Board hoped for greater use in future elections. Ms. Milburn added that nine ballots were completed in November using the new method.
A motion was made and seconded to approve the following amendments: to amend various sections 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 Attorney General: Department of Law: Tobacco Product Manufacturers
40 KAR 8:010. Nonparticipating manufacturer quarterly escrow deposit and certification. Michael Plumley, Assistant Attorney General, represented the Department. Bob Rowland, Executive Director, Kentucky Association of Tobacco Outlets, appeared in opposition to this administrative regulation.
In response to questions by Representative Lee, Mr. Plumley stated that he did not believe this administrative regulation would be affected by the pending lawsuit. The lawsuit addressed releases from escrow which was a separate issue from this administrative regulation.
Mr. Rowland stated that he believed this administrative regulation would be impacted by the lawsuit because the lawsuit would be amended to include it. He requested that the Subcommittee defer consideration of this administrative regulation until the lawsuit was settled.
In response to a question by Co-Chair Pullin, Mr. Plumley stated that the Department wanted to proceed with the administrative regulation. Because it would not require any escrow deposits until May, the Department would have adequate time to assess the impact of the lawsuit before any deposits were made.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
Personnel Board: Board
101 KAR 1:325. Probationary Periods. Andy Crocker, General Counsel, represented the Board.
Finance And Administration Cabinet: Office of the Secretary: Purchasing
200 KAR 5:375. Multi-step competitive sealed bidding. Robbie Rudolph, Secretary, Mark Treesh, Commissioner of Revenue, and Jamie Link, Office of Administrative Services, represented the Cabinet.
In response to a question by Co-Chair Pullin, Secretary Rudolph stated that the Cabinet had no intention of using reverse auctions to determine a price on complex construction projects.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 4 to move requirement language out of the "Definitions" section; (2) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 4 to clarify that documents related to the bid evaluation process were preliminary and may only be disclosed to authorized state personnel or those involved in the evaluation process who had a legitimate interest in a particular matter; and (4) to amend Section 4 to state that any bidder who had submitted an offer found acceptable or potentially acceptable may submit supplemental information until the closing date. Without objection, and with agreement of the agency, the amendments were approved.
Statewide Accounting
200 KAR 24:010E. Repeal of 200 KAR 24:020. Ed Ross, State Controller, represented the Office.
Office of the Controller
200 KAR 38:020 & E. Allocation of driving under the influence service fees. Ed Ross, State Controller, represented the Office.
200 KAR 38:030 & E. Allocation and distribution of criminal court fees. A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to correct statutory citations; and (2) to amend the RELATES TO paragraph and 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.
200 KAR 38:040 & E. Allocation of fees for disabled permit parking violations.
General Government Cabinet: Board and Commissions: Board of Physical Therapy
201 KAR 22:020. Eligibility and credentialing procedure. Becky Klusch, Executive Director, represented the Board.
In response to a question by Senator Roeding, Ms. Klusch stated that the amendments to these administrative regulations did not change the Board's policies on eligibility and credentialing procedures. They merely combined all of the procedures into one administrative regulation to make them easier to understand.
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 insert authorizing language and clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1 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.
201 KAR 22:091. Repeal of 201 KAR 22:031, 201 KAR 22:061, 201 KAR 22:101, or 201 KAR 22:106.
Environmental And Public Protection Cabinet: Division of Waste Management: Solid Waste Planning
401 KAR 49:011. General provisions relating to area solid waste management plans. Bruce Scott, Director, Sara Evans, Manager, and Leslie King, Supervisor, represented the Division. Mary Schinkle, SWACK, appeared in favor of these administrative regulations.
Ms. Schinkle stated that she wanted to publicly thank the Subcommittee for deferring this administrative regulation. It enabled her and her organization to work with the Cabinet to resolve her concerns with these administrative regulations. She also thanked the Cabinet for their cooperation.
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 correct statutory citations; (2) to amend Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 3 to increase the amount of time a governing body had to correct a deficient solid waste management plan from 30 days to 90 days; (4) to amend Section 4 to establish the types of solid waste plan amendments that shall and shall not require public notice; (5) to amend Section 7 to establish the effective date for the 2005 Annual Report; and (6) to amend the Fiscal Note on Local Government to explain in detail the effect of this administrative regulation on local governments. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to insert authorizing language and correct statutory citations; (3) to amend Section 2 to delete language that was repetitive of KRS 224.43-315; (4) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; (5) to amend Section 1 to clarify the definitions of "city street cleanup" and "public road cleanup"; (6) to amend Section 3 to include street sweeping activities in litter abatement activities, and to clarify that litter abatement funding shall go toward litter prevention and litter cleanup activities along public roadways; (7) to amend Section 5 to delete certain requirements for reimbursement costs associated with illegal open dump remediation and comply with the reimbursement criteria in KRS 224.43-505(2)(c)3.a-f; and (8) to amend the Fiscal Note on Local Government to explain in detail the effect of this administrative regulation on local governments. Without objection, and with agreement of the agency, the amendments were approved.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:005. Safety administrative regulation. Dana Fugazzi, Staff Attorney, Steve Coffey, Driver Licensing, and Joe England, Kentucky Vehicle Enforcement Headquarters Staff, represented the Division.
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 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 4 and 7 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.
601 KAR 1:025. Transporting hazardous materials by air or highway.
Education Cabinet: Kentucky Board of Education: Department of Education: General Admission
702 KAR 1:001. Implementation guidelines-Kentucky School Facilities Planning Manual. Kevin Noland, General Counsel, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Environmental And Public Protection Cabinet: Department of Labor: Labors Standards; Wages and Hours
803 KAR 1:070. Executive, administrative, supervisory or professional employees; salesmen. Philip Anderson, Commissioner, and Les Renkey, General Counsel, represented the Department. Bill Londrigan, Kentucky State AFL-CIO, and Larry Roberts, Kentucky State Building Trades, appeared in opposition to this administrative regulation.
Mr. Londrigan stated that the Kentucky State AFL-CIO had concerns with the impact of this amended administrative regulation. They questioned how many workers would be denied or entitled to overtime benefits as a result of the amendments to this administrative regulation. Because the estimates on the amount of affected workers varied widely, they requested that the Subcommittee defer consideration of this administrative regulation until the Department had an opportunity to provide a better estimate, perhaps by conducting an employer survey to determine a more accurate amount of impacted employees.
Mr. Roberts stated that he had concerns with how the supervisory exemption from overtime was established in Section 5 of this administrative regulation. Because it appeared to conflict with other provisions in Section 1, the supervisory exemption would lead to confusion and eventually litigation by employers and employees. He requested that the Subcommittee defer consideration of this administrative regulation until those conflicts could be resolved.
Mr. Renkey stated that the Department had addressed Mr. Robert's concerns with an amendment they had filed to Section 5 of this administrative regulation. The amendment clarified that supervisors shall be any employee whose primary duty consists of customarily and regularly directing the work of two (2) or more employees. The amendment returned the supervisory exemption back to its original regulatory definition. The Department requested that the Subcommittee approve that change.
In response to a question by Senator Roeding, Mr. Roberts stated that the prior text defining the supervisory exemption was more specific than the new suggested text. The proposed text failed to adequately define "primary duty."
In response to a question by Co-Chair Pullin, Commissioner Anderson stated that the Department did not want to defer consideration of this administrative regulation. This administrative regulation was based on a federal regulation which had already been implemented by five (5) border states. If Kentucky failed to do the same, border employers would be disadvantaged.
In response to a question by Senator Roeding, Mr. Renkey stated that this administrative regulation was no more stringent than the federal regulation.
In response to questions by Representative Lee, Mr. Renkey stated that under this administrative regulation, firefighters and other first responders were eligible for overtime regardless of rank or pay level.
In response to a question by Representative Reinhardt, Mr. Roberts stated that he agreed that this administrative regulation was no more stringent than the federal regulation.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5(1) to specify that a supervisor shall be any employee whose primary duty consists of customarily and regularly directing the work of two (2) or more employees; and (2) to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 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.
Public Service Commission: Utilities
807 KAR 5:120 & E. Applicants for certificate of public convenience and necessity for certain electric transmission lines. Jason Bentley, General Counsel, represented the Commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to specify a standard for granting deviations from the requirements of this administrative regulation, pursuant to KRS 13A.130; and (2) to amend various sections 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 Medicaid Services: Medicaid Services
907 KAR 1:022 & E. Nursing facility services and intermediate care facility for individuals with mental retardation or a developmental disability services. Shannon Turner, Commissioner, Dave Fleenor, General Counsel, and Stuart Owen, Regulation Coordinator, represented the Department. Marie Allison, Attorney, advocacy groups for persons with development disabilities, appeared in opposition to this administrative regulation.
Ms. Allison stated that she appreciated the Subcommittee and the Department for deferring consideration of this administrative regulation from last month. The extra time enabled her to meet with Commissioner Turner and other Department personnel and discuss her concerns about this administrative regulation. She was still concerned about how this administrative regulation addressed ICF-MR-DD patient status because it required an individual to be both developmentally disabled and mentally retarded. She would prefer that the administrative regulation be amended to be in the disjunctive, rather than conjunctive. However, she was willing to work with the Department to monitor their determinations of patient status to see if in practice, people with developmental disabilities were being denied.
Commissioner Turner stated that this administrative regulation had been amended to reinstate the Medicaid eligibility requirements at the same level they were prior to the April 4, 2003 changes, in response to a legal agreement between the Office of Legal Aid Services and the Department in federal court. The change Ms. Allison was requesting was an additional change. The Department did not want to make the change at this time because they wanted to be consistent with the legal agreement.
Ms. Allison stated that she believed her concerns would be resolved by continuing to work with the Department in implementing this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 11 to correct the edition date of the manual; and (3) to amend Section 4(4) to change an "and" to an "or" to retain provisions that previously existed in this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:065 & E. Payments for price-based nursing facility services. 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, 4, 5, 7, 10, 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.
907 KAR 1:479 & E. Durable medical equipment covered benefits and reimbursement. In response to questions by Senator Tapp, Commissioner Turner stated that the Department had conducted meetings with the durable medical equipment association to apprise them of the regulatory changes in this administrative regulation.
Department for Public Health: Kentucky Early Intervention System
911 KAR 2:110 & E. Kentucky Early Prevention Program point of entry. Germaine O'Connell, Program Manager, and Steve Davis, Physician Director, 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; 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.
911 KAR 2:120 & E. Kentucky Early Intervention Program evaluation and eligibility. 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.
911 KAR 2:130 & E. Kentucky Early Intervention Program assessment and service planning. A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
911 KAR 2:150 & E. Kentucky Early Intervention Program personnel qualifications. 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 and to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: KTAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:016. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP). Jason Moseley, Director of Policy Development, and Virginia Carrington, Division of Policy Development, represented the Department.
In response to questions by Senator Roeding, Mr. Moseley stated that this administrative regulation authorized the collection of overpaid benefits to K-TAP recipients. Overpayments could result from an applicant providing misinformation, an applicant failing to update his or her information, or departmental error. Before collection, the applicant received due process through notice and a hearing. The applicant could choose to repay the overpayment in a lump sum or set up a payment schedule. Additionally, being a state employee would not render an applicant ineligible for K-TAP if the employee otherwise met the eligibility criteria.
In response to questions by Senator Roeding, Ms. Carrington stated that through welfare reform, the Program had reduced its caseload by about fifty (50) percent, which was an average reduction in comparison to other states.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to specify that Reception and Placement Program grants and reimbursement payments for vocational rehabilitation under the Preparing Adults for Competitive Employment program shall be excluded under the gross income test; and (2) to amend Sections 3, 5, 6, and 13 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 agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
General Government Cabinet: Board and Commissions: Board of Examiners of Psychology
201 KAR 26:115. Definition of psychological testing.
201 KAR 26:145. Code of conduct.
201 KAR 26:155. Licensed psychologist: application procedures and temporary license.
201 KAR 26:165. Inactive Status.
201 KAR 26:171. Requirements for supervision.
201 KAR 26:175. Continuing education.
201 KAR 26:180. Requirements for granting licensure as a psychologist by reciprocity.
201 KAR 26:190. Requirements for supervised professional experience.
201 KAR 26:230. Examinations.
201 KAR 26:280. Licensed psychological associate: application procedures and temporary license.
201 KAR 26:290. Licensed psychological practitioner: application procedures.
Environmental And Public Protection Cabinet: 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.
Division of Waste Management: Petroleum Storage Tank Environmental Assurance Fund
415 KAR 1:060E. Financial responsibility account.
Council On Postsecondary Education: Adult Education and Literacy
785 KAR 1:130. GED Eligibility requirements.
Environmental And Public Protection Cabinet: Office of Housing, Buildings and Construction: Electrical Inspectors
815 KAR 35:070 & E. Low-voltage installer certification.
Cabinet for Health and Family Services: Department for Public Health: Kentucky Early Intervention System
911 KAR 2:140 & E. Kentucky Early Intervention Program primary service coordination and assistive technology. Germaine O'Connell, Program Manager, and Steve Davis, Physician Director, represented the Department. Heidi Schissler, Legal Director, Protection and Advocacy, and Melissa Bowman, Staff Attorney, Protection and Advocacy, appeared in opposition to these administrative regulations.
Ms. Bowman stated that Protection and Advocacy had several legal concerns with these administrative regulations and requested that the Subcommittee find them deficient. First, there was an internal appeals process established on the program's website that had not been incorporated by reference into the administrative regulations. Second, the internal appeals process actually conflicted with the appellate process established by the administrative regulations. Third, in conflict with federal law, the administrative regulations did not require that parents be notified of their rights to due process and to retain services during the internal appeals process. Lastly, the Department had not conducted the public notice and hearings required by federal law before implementing the policy changes in these administrative regulations.
Ms. Schissler added that Protection and Advocacy had provided a letter to Subcommittee members in November specifying their concerns.
Dr. Davis stated that the Department respectfully disagreed with Protection and Advocacy on several issues. The Department had conducted twelve regional provider meetings with over 1200 providers before implementing any policy changes. Families also were informed of their rights upon entry into the program by their family's primary service coordinator. Additionally, the Department had been in written and verbal contact with their federal oversight agency and had not received any feedback suggesting they were not in compliance with federal requirements. Lastly, as of July 1 of this year, the program had been transferred to the Department. The Department had utilized a work group of parents, providers, and early childhood university specialists to quickly establish a program that served the children and their families, and that operated within their allocated budget.
In response to a question by Co-Chair Pullin, Dr. Davis stated that the Department was willing to work with Protection and Advocacy to address any of their concerns that had not already been resolved.
In response to questions by Representative Lee, Ms. O'Connell stated that the Program had procedures in place to notify families of their rights. Upon their entry into the program, families were given a family rights handbook informing them of their rights and how to access them. Thereafter, their rights were summarized and reviewed with them each time their plan was reviewed or at least every six (6) months. Before a change was made in a family's plan, the family was provided with written notice of the change and had ten (10) days before any services were altered. 911 KAR 2:140 established these parental notice procedures.
Ms. Bowman stated that Protection and Advocacy was not concerned about the family rights handbook. They were concerned about the Program's separate policy and procedures manual and its internal appeals process which was on the Program's website but which was not incorporated by reference into any of the administrative regulations. Parents were not being informed about that process or about their rights during that process.
In response to questions by Representative Lee, Dr. Davis stated that the Department's intent was to apprise families of all necessary information and their rights. The only issue was whether that notification was occurring or not. The Department would be willing to amend their administrative regulations to guarantee appropriate notification. The administrative regulations affected were 911 KAR 2:140 and 2:200.
Senator Roeding stated that in the future, speakers requesting amendments to administrative regulations needed to be more specific in their requests. The Subcommittee needed to be informed of the particular administrative regulation or portion of administrative regulation that was at issue.
To provide an opportunity to draft any necessary amendments, Representative Lee made a motion to defer consideration of 911 KAR 2:140 and 2:200. The administrative regulations were deferred, with agreement of the agency, and with Senator Roeding voting not to defer.
911 KAR 2:200 & E. Coverage and payment for Kentucky Early Intervention Program services. Representative Lee made a motion to defer consideration of this administrative regulation. The administrative regulation was deferred, with agreement of the agency, and with Senator Roeding voting not to defer.
The subcommittee adjourned at 12:10 p.m., until Tuesday, January 11, 2005 at 10:30 a.m.