The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 10, 2005, at 10:00 AM, in Room 149 of the Capitol Annex. Senator Richard "Dick" Roeding, 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 Joey Pendleton, and Gary Tapp; Representatives James E Bruce and Jon David Reinhardt.
Guests: Diana Barber, Tim Phelps, Kentucky Higher Education Assistance Authority; Larry Brandstetter, Rex Cecil, Jim Grawe, Jill Smith, Board of Architects; Jon Gassett, Department of Fish and Wildlife Resources; Amy Barker, Kelly White, Department of Corrections; Les Renkey, Department of Labor; Rick Bender, Susan Bush, Department for Natural Resources; James Gallagher, Mark Posnansky, Kentucky Horse Racing Authority; Michael D. Bennett, Rose L. Baker, Van Cook, Nelson S. Henderson, Albert S. Mitchell, Terry M. Slade, Ray Whitener, Office of Housing, Building and Construction.
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, May 10, 2005, and submits this report:
Administrative regulations reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: KHEAA Grant Program
11 KAR 5:130. Student application. Diana Barber, Assistant General Counsel, and Tim Phelps, Student Aid Branch Manager, represented the Authority.
11 KAR 5:140. KTG award determination procedure.
In response to a question by Co-Chair Pullin, Mr. Phelps stated that the Authority increased the award amounts for the KTG and CAP grants in response to an increase in the amount the Authority received from the state lottery revenue.
11 KAR 5:145. CAP grant award determination procedure.
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 Sections 3 and 9 to correct the edition date of the material incorporated by reference; and (2) to amend Sections 2, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Boards and Commissions: Board of Architects
201 KAR 19:085. Fees. Jill Smith, President, Larry Brandstetter, Board Member, and Jim Grawe, Assistant Attorney General, represented the Board.
In response to a question by Senator Tapp, Ms. Smith stated that this administrative regulation increased the renewal fee for several reasons. The Board now employed a full-time, rather than part-time, executive director to manage the increased workload of the Board, which now also certified interior designers and was more aggressively investigating cases. Additionally, the fees had not been increased for eight years. Finally, the board wanted to adequately compensate its staff's attorney and investigator.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to comply with the 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 2:049. Small game and furbearer hunting on public areas. Jon Gassett, Interim Commissioner, represented the Department.
In response to a question by Co-Chair Roeding, Mr. Gassett stated that the Department was authorized to require applicants to provide a social security number. Previously, a hunter could reserve multiple spots in the pheasant quota hunt using the hunter's social security number; under this amendment, each individual hunter would need to provide a social security number. The Department believed this requirement would minimize confusion and has promised to keep the numbers strictly confidential.
301 KAR 2:111. Deer and turkey hunting on special areas.
301 KAR 2:142. Spring wild turkey hunting.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5(8) to correct a minor formatting error; and (2) to amend Section 5(12) to delete language that was ambiguous and indefinite. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:174. Deer hunting zones.
In response to a question by Co-Chair Pullin, Mr. Gassett stated that he had not discussed this administrative regulation with Representative Rocky Adkins. However, sportsmen groups in Elliott County had requested through their local 8th district committee member that the zone be changed to a more restrictive classification in hopes that the deer population would become adequate to support their recreation.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers and small game.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees.
In response to a question by Co-Chair Roeding, Mr. Gassett stated that this administrative regulation established a junior turkey hunting permit to enable youths under the age of 16 to purchase a junior permit for $15 rather than a regular permit that would cost $25. The junior permit would enable the youths to try turkey hunting at a reduced rate.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Division of Local Facilities: Jail Standards for Full-Service Facilities
501 KAR 3:030. Fiscal management. Amy Barker, Staff Attorney, and Kelly White, Director, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3 and 4 to clarify the canteen audit requirements; and (2) to amend the RELATES TO, 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.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:010. Definitions for 501 KAR Chapter 7.
501 KAR 7:020. Administration; management.
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.
501 KAR 7:030. Fiscal management.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify the canteen audit requirements; and (2) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraph 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 7:090. Medical services.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO, 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.
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 2:500 & E. Maritime employment. Les Renkey, General Counsel, represented the Department.
In response to questions by Co-Chair Roeding, Mr. Renkey stated that this administrative regulation had been filed as an emergency because the federal government required adoption of the federal standard within six (6) months of the date the federal standard was established. The federal standard was established September 15, 2004.
Department for Natural Resources: Division of Oil and Gas Conservation: Coal Bed Methane
805 KAR 9:010. Protection of fresh water zones. Susan Bush, Commissioner, and Rick Bender, Director, represented the Department.
In response to a question by Co-Chair Pullin, Ms. Bush stated that the Department amended this administrative regulation, 805 KAR 9:020 and 805 KAR 9:040 in response to the public comments it received.
In response to a question by Co-Chair Roeding, Mr. Bender stated that this administrative regulation established requirements to protect fresh water zones during coal bed methane well production or injection that occurred during construction projects.
805 KAR 9:020. Well location plat, preparation, form and contents.
805 KAR 9:030. Surety bonds; requirements, cancellation.
In response to a question by Co-Chair Roeding, Mr. Bender stated that this administrative regulation established the requirements for the release, cancellation, and forfeiture of bonds guaranteeing the closing of coal bed methane wells.
A motion was made and seconded to approve the following amendments: (1) 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; and (2) to amend Sections 1 to 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
805 KAR 9:040. Plugging wells.
805 KAR 9:050. Gas storage reservoirs; drilling, plugging in vicinity.
A motion was made and seconded to approve the following amendments: 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. Without objection, and with agreement of the agency, the amendments were approved.
805 KAR 9:060. Operating or deepening existing coal bed methane wells and drilling deeper than the permitted depth.
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; and (3) to amend Sections 2, 3, 5, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
805 KAR 9:070. Directional and horizontal wells.
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, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
805 KAR 9:080. Content of the operation and reclamation proposal; form on which the proposal is filed.
In response to a question by Co-Chair Roeding, Mr. Bender stated that the Department was concerned about its turn-around time for processing permit applications. Typically, the turn-around time was two or three days per permit application, except for permits in coal areas. Coal area permits were held for fifteen days, as required by the statute.
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, as required by KRS 13A.220; and (3) to amend Sections 2, 3, 5, 6, 7, and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
805 KAR 9:090. Production reporting.
805 KAR 9:100. Public liability insurance and self-insurers.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 1, 2, 3, 4, 6, 12, 13, and 16 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Public Protection: Horse Racing Authority: Thoroughbred Racing
810 KAR 1:009 & E. Jockeys and apprentices. Jim Gallagher, Executive Director, and Mark Posnansky, Attorney, represented the Authority.
In response to questions by Representative Bruce, Mr. Posnansky stated that this administrative regulation regulated the jockey advertisements to ensure that the horse's owner had given permission for the ads and that the ads do not conflict with the track's sponsorship agreements. Regarding jockey insurance disputes, the Governor was in the process of naming a blue ribbon panel to make recommendations to the Authority on that issue.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 12, and 17 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 15 to delete arbitrary language and clearly state the standards and requirements for approval of jockey advertising. Without objection, and with agreement of the agency, the amendments were approved.
Office of Housing, Building and Construction: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:070. The Kentucky Certified Building Inspector Program. Rose Baker, Staff Assistant, Michael Bennett, Staff Attorney, Al Mitchell, State Fire Marshal, and Terry Slade, Director, Division of Building Code Enforcement, represented the Office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 5, 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.
815 KAR 7:125. Kentucky Residential Code/2002.
In response to questions by Senator Tapp, Mr. Slade stated that the provisions in the Kentucky Residential Code regarding attic access were amended to conform to the requirements of the Kentucky Building Code. The size requirements were the same as the international codes and would eliminate rough openings.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Heating, Ventilation, and Air Conditioning Licensing Requirements
815 KAR 8:030. Apprentice heating, ventilation, and air conditioning (HVAC) mechanic registration and certification requirements.
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 and Sections 1, 3, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Sections 1 and 3 to require filing the update forms biennially, rather than annually. Without objection, and with agreement of the agency, the amendments were approved.
Office of State Fire Marshall: Electrical Inspectors
815 KAR 35:031. Repeal of 815 KAR 35:030.
815 KAR 35:080. Code of ethics.
In response to a question by Co-Chair Roeding, Mr. Mitchell stated that the office would be notifying the electricians about the code of ethics.
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 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.
815 KAR 35:090. Electrical Training Program standards.
In response to a question by Senator Tapp, Mr. Bennett stated that the Department wanted to request an amendment to Section 2 of this administrative regulation to require the review and approval be conducted by the Office of Housing, Buildings and Construction rather than the Electrical Advisory Committee. This change had been requested by the Electrical Advisory Committee.
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; (3) to amend Sections 1, 2, 3, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 2 to change "Electrical Advisory Committee" to "Office of Housing, Buildings and Construction". Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 35:100. Electrical continuing education procedure.
In response to questions by Co-Chair Roeding, Mr. Mitchell stated that this administrative regulation established the continuing education requirements for master electricians, electricians, and electrical contractors. Ms. Baker stated that this administrative regulation was necessary to implement the statute. Mr. Mitchell stated that the Office would work with licensees to ensure that they were well-notified of the continuing education requirements and given adequate opportunities to comply with the new requirements. The Kentucky Community and Technical College System was now an approved provider of continuing education so courses should be available throughout the state. The Office did not charge a fee for attendees although the individual course providers might establish fees for their courses to cover expenses of teachers, materials, and facility usage.
In response to questions by Senator Tapp, Mr. Mitchell stated that the renewal notices sent to licensees included a recommendation that licensees access the Office website for a list of available continuing education classes.
A motion was made and seconded to approve the following amendments: (1) 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; (2) to amend Sections 1, 3, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to create a new Section 6 to incorporate by reference the required certification form. 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:
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:178. Deer hunting on Wildlife Management Areas.
301 KAR 2:179. State park deer hunts.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division for Air Quality: General Standards of Performance
401 KAR 63:005. Open burning.
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: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirement; records.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Housing, Building and Construction: Division of Building Code Enforcement: Boilers and Pressure Vessels
815 KAR 15:080. Fees for licensing new boiler and pressure vessel contractors.
Office of State Fire Marshal: Manufactured Homes and Recreational Vehicles
815 KAR 25:080. Requirements for certifying manufactured home installers.
Electrical Inspectors
815 KAR 35:015. Certification of electrical inspectors.
The subcommittee adjourned at 10:45 a.m., until Tuesday, June 14, 2005.