The April meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, April 12, 2005, at 10:00 AM, in Room 149 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya G Pullin, Co-Chair; Senators Alice Kerr, Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: James J. Grawe, Peggy Sharon, Board of Accountancy; James J. Grawe, Larry Brandstetter, Jill Smith, Board of Architects; Jon Gassett, Scott Porter, Department of Fish and Wildlife Resources; Amy Barker, Trena C. Rogers, Jim Wagner, Kelly White, Department of Corrections; Natalie Lewellen, Darin K. Moore, Lt. Adam Whitlock, Department of State Police; Kevin Noland, Board of Education; Fred Huggins, David Stumbo, Department of Labor; Bobby Waits, Kentucky Jailers.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Jenifer Harrison, Emily Harkenrider, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday 12, 2005, and submits this report:
Other Business:
Subcommittee staff stated that pursuant to KRS 13A.020(1), the respective appointing authorities had reappointed all members of the Subcommittee to serve another two (2) years. The Subcommittee's first order of business was the election of Co-Chairs.
Representative Bruce made a motion, seconded by Representative Lee and Representative Reinhardt, to nominate Representative Pullin as the House Subcommittee Co-Chair. Representative Lee made a motion, seconded by Representative Reinhardt, to cease nominations. By acclimation, it was so ordered that Representative Pullin was the House Subcommittee Co-Chair.
Senator Tapp made a motion, seconded by Senator Pendleton, to nominate Senator Roeding as the Senate Subcommittee Co-Chair. Senator Tapp made a motion, seconded by Senator Pendleton, to cease nominations. By acclimation, it was so ordered that Senator Roeding was the Senate Subcommittee Co-Chair.
Administrative Regulations Reviewed by the Subcommittee:
General Government Cabinet: Boards and Commissions: State Board of Accountancy
201 KAR 1:050. License Application. Jim Grawe, Assistant Attorney General, represented the Board.
201 KAR 1:063. Certificate of experience. A motion was made and seconded to approve the following amendments: to amend Section 1 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:170. Application to receive a privilege to practice under substantial equivalency standards.
201 KAR 1:190. Computer-based examination sections, applications, and procedures. A motion was made and seconded to approve the following amendments: to amend Sections 5 and 9 to correct internal references. Without objection, and with agreement of the agency, the amendments were approved.
Board of Architects
201 KAR 19:035. Qualifications for examination and licensure. Jim Grawe, Assistant Attorney General, and Jill Smith, President, represented the Board.
In response to questions by Co-Chair Roeding, Ms. Smith stated that the Board amended this administrative regulation to permit applicants to begin the national examination process after one (1) year of experience rather than three (3) years as were previously required. With this change, the Kentucky Board of Architects would be more competitive with other states. An applicant could obtain up to one year of experience as a student. The amendments did not affect the other licensure requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 3 and 5 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Commerce Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:132. Elk depredation permits, landowner cooperator permits and quota hunts. Jon Gassett, Interim Commissioner, and Scott Porter, Assistant Attorney General, represented the Department.
In response to a question by Co-Chair Pullin, Mr. Gassett stated that Jenny Wiley State Resort Park offered weekend elk sighting tour packages during the last half of the year.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 4, 6, 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.
301 KAR 2:140. Requirements for wild turkey hunting. In response to questions by Representative Reinhardt, Mr. Gassett stated that this administrative regulation prohibited the use of electronic calling devices for wild turkey hunting because they were so effective. If they were used, the hunting season or the bag limit would have to be reduced to maintain the current harvest level. For the past three years, the wild turkey population had stabilized. To compensate for this year's increased hatch, the spring and fall hunting seasons were increased. Additionally, the Department was vigorously addressing complaints of wild turkeys.
Justice And Public Safety Cabinet: Department of Corrections: Division of Local Facilities: Jail Standards for Full-Service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3. Amy Barker, Staff Attorney, and Kelly White, Director, represented the Division.
A motion was made and seconded to approve the following amendments: to amend Section 1 to clarify definitions for "direct supervision area" and "dormitory." Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:020. Administration; management. A motion was made and seconded to approve the following amendments: to amend Section 4 to comply with the drafting and format requirements for KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:040. Personnel. A motion was made and seconded to approve the following amendments: to amend Sections 3 and 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.
501 KAR 3:050. Physical plant. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 5 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.
501 KAR 3:060. Security; control. A motion was made and seconded to approve the following amendments: to amend 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.
501 KAR 3:070. Safety; emergency procedures. 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.
501 KAR 3:080. Sanitation; hygiene. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to replace "inmate" with "prisoner"; and (2) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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.
501 KAR 3:090. Medical services. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to specify that this administrative regulation applied only to full-service jails; and (2) to amend 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.
501 KAR 3:100. Food services.
501 KAR 3:110. Classification.
501 KAR 3:120. Admission; searches and release. A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 6 to update documentation requirements if a prisoner was denied admission to the jail for medical reasons; and (2) to amend Sections 3 and 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.
501 KAR 3:130. Prisoner programs; services.
501 KAR 3:140. Prisoner rights. In response to a question by Senator Tapp, Mr. White stated that the provisions of this administrative regulation were similar to the regulatory requirements of other states.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to exempt inmate conversations with attorneys, clergy, and medical personnel from being recorded; and (2) to amend Sections 1 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.
Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Amy Barker, Staff Attorney, represented the Office.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to update the policies and 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 6:110. Roederer Correctional Complex. A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) update the policies, including those related to health services procedures; (2) add a definition of "biohazardous waste"; (3) make technical changes; and (4) 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 6:270. Probation and parole policies and procedures. A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) update and clarify the policies, including those related to payment procedures for fees satisfying restitution and drug testing costs; and (2) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Restricted Custody Center
501 KAR 7:040. Personnel. Amy Barker, Staff Attorney, and Kelly White, Director, represented the Division.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY 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.
501 KAR 7:050. Physical plant. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to specify that this administrative regulation applied to restricted custody centers; and (2) to amend Sections 5 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.
501 KAR 7:060. Security; control. A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to require quarterly inspections for security devices and safety equipment; and (2) to amend Sections 3 and 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.
501 KAR 7:070. Safety; emergency procedures. 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.
501 KAR 7:080. Sanitation; hygiene. A motion was made and seconded to approve the following amendments: to amend 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.
501 KAR 7:120. Admission; searches and release. A motion was made and seconded to approve the following amendments: to amend Section 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.
501 KAR 7:140. Prisoner rights. In response to a question by Co-Chair Roeding, Mr. White stated that for security reasons, this administrative regulation authorized the recording of conversations between inmates and visitors. Conversations with certain visitors such as clergy and attorneys were exempted from that requirement to protect the confidentiality of those conversations.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to exempt inmate conversations with attorneys, clergy, and medical personnel from being recorded; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 5, 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.
Jail Standards for Counties Housing Class D Felons
501 KAR 13:010. Life safety issues. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete the prohibition against the opening or reopening of any life safety jails to comply with KRS 13A.120(2); and (2) to amend 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.
Department of State Police: Driver Training
502 KAR 10:120 & E. Hazardous materials endorsement requirements. Darin Moore, Strategic Planning Branch, and Lt. Adam Whitlock, Kentucky State Police, represented the Department.
In response to a question by Co-Chair Roeding, Lt. Whitlock stated that the endorsement application fee would offset the Department's cost for performing the fingerprint and background investigations required by this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 3 to specify a form to be used; (2) to amend the "Transportation Security Administration Application for Hazardous Materials Endorsement" form to change the form number and edition date; and (3) 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.
Education Cabinet: Kentucky Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 3:030. Insurance requirements. Kevin Noland represented the Department.
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.
Pupil Transportation
702 KAR 5:110. Vocational pupils, reimbursement for. In response to a question by Co-Chair Roeding, Mr. Noland stated that a local school district had discretion to permit a private school student to participate in its vocational program.
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, as required by KRS 13A.220(4)(f); and (3) to amend Sections 8, 9, 14, and 15 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 Learning Programs Development: Office
704 KAR 3:035. Annual professional developmental plan. 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, as required by KRS 13A.220(4)(f); (3) to amend Section 2 to delete the requirement that the process for developing a professional development program include a method for evaluating the experiences; (4) to amend Section 4(9) to delete the list of experiences that did not qualify as high quality; and (5) 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.
Environmental And Public Protection Cabinet: Department of Labor: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:307. Hazardous materials. Fred Huggins, Attorney, and David Stumbo, Health Standards Specialist, represented the Division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) to amend Sections 3 and 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.
803 KAR 2:308. Personal protective equipment. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) 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.
803 KAR 2:314. Machinery and machine guarding. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) to amend Sections 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.
803 KAR 2:317. Special industries. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) 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.
803 KAR 2:319. Commercial diving operations. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) to amend Sections 2 and 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.
803 KAR 2:408. Tools-hand and power. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify definition citations; and (2) 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.
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: Boards and Commissions: Board of Medical Licensure
201 KAR 9:018. Physician advertising.
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.
Environmental And Public Protection Cabinet: Department for Natural Resources: Division of Oil and Gas Conservation: Coal Bed Methane
805 KAR 9:030. Surety bonds; requirements, cancellation.
805 KAR 9:050. Gas storage reservoirs; drilling, plugging in vicinity.
805 KAR 9:070. Directional and horizontal wells.
805 KAR 9:090. Production reporting.
The subcommittee adjourned at 10:35 a.m., until May 10, 2005.