The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, February 7, 2005, at 12:00 PM, in Room 129 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Co-Chair; Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya G Pullin; Senators Joey Pendleton and Gary Tapp; Representative Jimmie Lee.
Guests: Diana Barber, Tim Phelps; Kentucky Higher Education Assistant Authority; Henry S. Davis, John Parrish, Sheila A. Schuster, Board of Examiners of Psychology; Larry Disney, Jim Grawe, Real Estate Appraisers Board; Jenny Jones, Pamela Luce, Department of Veteran's Affairs; Tom Bennett, Department of Fish and Wildlife; Sean Alteri, Diana Andrews, Lana Brewer; Division of Air Quality; Shirley Eldridge, Jason Moseley, Mike Robinson, Cabinet for Health and Family Services.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Jenifer Harrison, and Emily Harkenrider.
The Administrative Regulation Review Subcommittee met on Monday, February 7, 2005, and submits this report:
Administrative regulations reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Authority
11 KAR 5:033. KTG student eligibility requirements. 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 STATUTORY AUTHORITY paragraph and Section 1 to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 correct a cross-reference. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:034. CAP Grant student eligibility.
A motion was made and seconded to approve the following amendments: to amend Section 1 to add a cross-reference and statutory citations for the federal law. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:140. KTG Award determination procedure.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:160. Disbursement procedures.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 8:030. Teacher scholarships.
In response to questions by Senator Tapp, Ms. Barber stated that the teacher scholarship program was established with a twelve percent interest rate originally. At the time, twelve percent was a reasonable rate to charge for loans. Now that the interest rates have dropped, the interest rates for the teacher scholarship and osteopathic loan programs were being reduced to six percent.
A motion was made and seconded to approve the following amendments: to amend Section 6 to specify the interest rate prior to April 1, 2005. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 14:060. Osteopathic Medicine Scholarship Program application of payments.
A motion was made and seconded to approve the following amendments: to amend Section 4 to specify the interest rate prior to April 1, 2005. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board and Commissions: Board of Examiners of Psychology
201 KAR 26:145. Code of conduct. John Parrish, Director, Dr. Henry Davis, Chair, and Dr. Sheila Schuster, Kentucky Psychology Association, represented the Board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:155. Licensed psychologist: application procedures and temporary license.
201 KAR 26:165. Inactive status.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct minor drafting errors to comply with KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:171. Requirements for supervision.
201 KAR 26:175. Continuing education.
In response to a question by Senator Tapp, Dr. Davis stated that this administrative regulation increased provider fees for agencies providing continuing education from $50 to $250 but did not increase the $50 cost for individuals attending a continuing education program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to make a technical correction; and (2) to amend Section 7 to: (a) make a distinction between CE hours received through home study or the internet and those received via videoconferencing; and (b) increase the hours that can be received from videoconferencing from six (6) to twelve (12). Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:180. Requirements for granting licensure as a psychologist by reciprocity.
201 KAR 26:190. Requirements for supervised professional experience.
A motion was made and seconded to approve the following amendments: to amend 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.
201 KAR 26:230. Examinations.
A motion was made and seconded to approve the following amendments: 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.
201 KAR 26:280. Licensed psychological associate: application procedures and temporary license.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:290. Licensed psychological practitioner: application procedures.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Real Estate Appraisers Board
201 KAR 30:040. Standards of practice. Larry Disney, Executive Director, and Jim Grawe, Assistant Attorney General, represented the Board.
In response to questions by Senator Tapp, Mr. Disney stated that the standard for measuring square feet had not changed but the recently updated publication clarified examples at the request of the real estate and building communities.
A motion was made and seconded to approve the following amendments: to amend Section 2 to delete language establishing a variance of up to five percent that did not comply with the national standard incorporated by reference and that did not provide the specificity required by KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Governor: Department of Veteran's Affairs
201 KAR 37:010. Kentucky Veterans' Program Trust Fund, administration of fund. Pamela Luce, Executive Staff Advisor, and Jenny Jones, Staff Attorney, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add the term "Honorably separated veteran" and place the definitions in alphabetical order; 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.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:221 & E. Waterfowl seasons and limits. Tom Bennett, Commissioner, represented the Department.
301 KAR 2:222 & E. Waterfowl hunting requirements.
In response to questions by Co-Chair Pullin, Commissioner Bennett stated that the South Shore WMA was land that previously belonged to a private citizen who permitted private hunting on his land. This administrative regulation opened the South Shore WMA for waterfowl hunting.
301 KAR 2:223 & E. Waterfowl reporting requirements.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Division for Air Quality: New Source Standards
401 KAR 59:760 & E. Commercial motor vehicle and mobile equipment refinishing operations. Diana Andrews, Assistant Director, and Lana Brewer, Branch Manager, represented the Division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add statutory citations; and (2) to amend Sections 2, 3, 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Policy Development: Child Support
921 KAR 1:410. Child support collection and enforcement. Mike Robinson, Commissioner, and Jason Moseley, Director, represented the Department.
In response to a question by Senator Tapp, Commissioner Robinson stated that the Department had split the child support administrative regulation into two separate administrative regulations. The changes did not affect the actual collections process.
A motion was made and seconded to approve the following amendments: (1) to delete Section 5 because the overpayment return procedures will be inserted into 921 KAR 1:420; 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.
921 KAR 1:420. Child support distribution.
A motion was made and seconded to approve the following amendments: (1) to add Section 7 which contains procedures for the return of an overpayment previously included in 921 KAR 1:410; 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.
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 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.
The subcommittee adjourned at 12:38 a.m., until March 2005.