The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, February 13, 2006, at 2:00 PM, in Room 131 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 Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; and Representative Jimmie Lee.
Guests: Diana Barber, Tim Phelps, Kentucky Higher Education Assistance Authority; Kim Townley, Department of Education; David T. Buckingham, Cynthia Finneseth, University of Kentucky Agricultural Experiment Station Regulatory Services; Kathryn Dunnigan, Sarah Ball Johnson, State Board of Elections; Charlotte F. Beason, Nathan Goldman, Jimmy T. Isenberg, Board of Nursing; Sean Alteri, Lona Brewer, John Lyons, Division for Air Quality; Larry Brown, Veto the V.E.T.; Amy Barker, Todd Woodward, Department of Corrections; Kevin Noland, Board of Education; Tamela A. Biggs, Renee Redding, Education Cabinet; Carrie Banahan, Treva W. Donnell, R. Glenn Jennings, Office of Insurance; Lisa Underwood, Dr. Andrew Roberts, Kentucky Horse Racing Authority; Frank Becker, Dr. Thomas Tobin; Kentucky Horsemen's Benevolent and Protective Association; Robert Stallings, Veterinarians; Chris Lilly, Ron Morris, Tony S. Royalty, Charitable Gaming; Trish Howard, Jason Moseley, Robert Nelson, Stuart Owen, Steve Salt, Cabinet for Health and Family Services, and Sherry Currens, Kentucky Domestic Violence Association.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Emily Harkenrider, Roslyn Hendrickson, and Ellen Steinberg.
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student Services: KHEAA Grant Programs
11 KAR 5:130. Student application. Diana Barber, Assistant General Counsel, Tim Phelps, Student Aid Branch Manager, and Kim Townley represented the authority.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendment was approved.
EARLY CHILDHOOD DEVELOPMENT SCHOLARSHIP PROGRAM
11 KAR 16:001. Definitions for 11 KAR Chapter 16. A motion was made and seconded to approve the following amendment: 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 amendment was approved.
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clearly establish the appeals rights for scholarship applicants; (2) to amend Section 2 to clarify the application procedure; and (3) to amend Sections 1, 2, 3, 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.
UNIVERSITY OF KENTUCKY: Agriculture Experiment Station: Division of Regulatory Services: Seed
12 KAR 1:116. Sampling, analyzing, testing, and tolerances. David Buckingham, Seed Program Regulatory Coordinator, represented the station.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define "Kentucky Seed Law"; and (2) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 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.
STATE BOARD OF ELECTIONS: Forms and Procedures
31 KAR 4:030. Reporting forms. Katie Dunnigan, General Counsel, and Sarah Johnson, Executive Director, represented the board.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
31 KAR 4:070. Recanvass procedures. A motion was made and seconded to approve the following amendment: to amend Section 5 to change the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendment was approved.
31 KAR 4:160 & E. Elections emergency contingency plan. A motion was made and seconded to approve the following amendment: 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 amendment was approved.
31 KAR 6:020. Provisional Voting. A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to add a provision stating when the form SBE 54C was required; 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.
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:240. Fees and applications and for services. Nathan Goldman, General Counsel, Charlotte Beason, Executive Director, and Jimmy Isenberg, President, represented the board.
A motion was made and seconded to approve the following amendment: to delete the proposed fee increases for licensure by examination for registered nurses and licensed practical nurses and reinstate the current fees of $110. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 20:280. Standards for prelicensure registered nurse and practical nurse programs.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division for Air Quality: Mobile Source-related Emissions
401 KAR 65:011E. Emergency repealer. John Lyons, Director, represented the division.
Co-Chair Roeding stated that he appreciated the cabinet's work on this repealer administrative regulation because it effectively ended the tailpipe testing program in northern Kentucky.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:270. Probation and parole policies and procedures. Amy Barker, Assistant General Counsel, and Todd Woodward, Operations Manager, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 and the material incorporated by reference for clarification and to comply with the drafting and format requirements of KRS Chapter 13A; (2) to delete two policies because they were unnecessary under KRS 13A.010(2)(a); and (3) to update the process for restoration of civil rights in CPP 27-26-01 to reflect the current practice of requiring three character references and a written statement in addition to the application and processing fee. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:999. Corrections secured policies and procedures. This administrative regulation was reviewed and amended, with agreement of the agency, by the Subcommittee in closed session pursuant to KRS 61.810(1)(k), KRS 61.815(2), and KRS 197.025(6).
EDUCATION CABINET: Board of Education: Department of Education: Office of Instruction
704 KAR 3:480. Reading diagnostic and intervention grants. Kevin Noland represented the board.
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.
Department for Workforce Investment: Office of Career and Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:020. Compensation plan. Tamela Biggs, Office of Legal Services, and Renee Redding, Personnel, represented the cabinet.
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; (3) to amend Sections 1 and 3 to reference the Minimum Salary Schedule; (4) to amend Section 2 to delete open, discretionary language regarding salary increases after one year probationary periods; (5) to create a new Section 5 to incorporate by reference the Minimum Salary Schedule; and (6) to amend Sections 1, 2, 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.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:070. Examinations. Carrie Banahan, Deputy Executive Director, Treva Donnell, and Glenn Jennings, Executive Director, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to specify what constituted good cause to grant an extension; 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.
806 KAR 9:220. Continuing education. A motion was made and seconded to approve the following amendments: (1) to amend Section 2(2) to specify standards for granting a waiver of the sixty (60) day filing period for a continuing education course; 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.
Life Insurance and Annuity Contracts
806 KAR 15:050. Reporting and general requirements for viatical settlement providers and brokers. A motion was made and seconded to approve the following amendment: to amend Sections 1 to 4 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Division of Health Insurance Policy and Managed Care: Health Insurance Contracts.
806 KAR 17:320 & E. Kentucky access requirements. A motion was made and seconded to approve the following amendment: 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 amendment was approved.
Financial Standards and Examination Division: Bail Bondsman
806 KAR 34:006. Repeal of 806 KAR 34:005, 806 KAR 34:010, 806 KAR 34:020, 806 KAR 34:030, 806 KAR 34:040, 806 KAR 34:050, 806 KAR 34:055, 806 KAR 34:060, 806 KAR 34:065, and 806 KAR 34:070.
Office of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1. Chris Lilly, Commissioner, and Tony Royalty, Executive Director, represented the office. Ron Morris, Assistant Director, Kentucky Charitable Gaming Association, and Ed Monahan, Executive Director, Catholic Conference of Kentucky, appeared in favor of these administrative regulations.
Co-Chair Pullin stated that she appreciated Commissioner Lilly and the office amending these administrative regulations to clarify their provisions and to replace the prima facie evidence standard in 820 KAR 1:060 with a rebuttable presumption. If the amendments resulted in any unattended consequences, the Subcommittee would review any necessary revisions.
Mr. Morris stated that these administrative regulations resulted from a collaborative effort between the office and the regulated entities.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A, including the requirements for definitions in KRS 13A.222(4)(d) and (e). Without objection, and with agreement of the agency, the amendment was approved.
820 KAR 1:005. Exempt organizations. 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 clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to specify the name of the required form; (4) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:010. Temporary license. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) 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.
820 KAR 1:015. Issuance of annual license for a charitable organization. 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 clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 and 4 to specify the name of the required form; (4) to amend Section 1 to delete language prohibiting re-application within a year of license denial, to comply with KRS Chapter 238; (5) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:016. Distributor and manufacturer licensees. 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 Section 1 to: (a) specify the name of the required form; (b) delete language prohibiting re-application within a year of license denial, to comply with KRS Chapter 238; and (c) delete restrictions that applied to distributors and their families, to comply with KRS Chapter 238; (4) to amend Sections 1, 3, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:017. Licensing inspections. 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 clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to: (a) delete language that required the applicant to pay the costs of inspections, to comply with KRS Chapter 238; and (b) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:025. Quarterly reports of a licensed charitable organization. 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 clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to clarify the quarterly reporting requirements and due dates; (4) to amend Section 2 to clarify the requirements for completing the required quarterly report; (5) to amend Section 5 to delete language that repeated or altered the statutorily-established penalty provisions in KRS Chapter 238; (6) to amend Sections 1, 2, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (7) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:026. Quarterly reports of a licensed charitable gaming facility. 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 Section 1 to clarify the quarterly reporting requirements and due dates; (3) to amend Section 3 to delete language that repeated or altered the statutorily-established penalty provisions in KRS Chapter 238; (4) to amend Sections 1, 2, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:027. Quarterly reports of a licensed distributor. 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; (3) to amend Section 2 to clarify the quarterly reporting requirements and due dates; (4) to amend Section 3 to delete language that repeated or altered the statutorily-established penalty provisions in KRS Chapter 238; (5) to amend Sections 1, 2, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:028. Late fines. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to change it to “Late Quarterly Report Filing” to more accurately describe the content of this administrative regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (3) 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 (4) to amend Section 1 to: (a) delete language that repeated or exceeded statutory provisions in KRS Chapter 238; and (b) provide that a late filing of a quarterly report or fee shall be a violation subject to disciplinary action under KRS 238.560(3). Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:029. Facility licensees. 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 Section 1 to: (a) specify the name of the required form; (b) specify that the Office shall grant or deny a license application within sixty (60) days; and (c) delete language prohibiting re-application within a year of license denial, to comply with KRS Chapter 238; (4) to amend Section 4 to: (a) delete restrictions that applied to distributors and their families, to comply with KRS Chapter 238; and (b) specify that payment of a rent equivalent by a charitable organization to itself shall not make the organization a lessee to itself, to comply with KRS Chapter 238; (5) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:031. Repeal of 820 KAR 1:030, 1:040, and 1:070. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Section 1 to add 820 KAR 1:020, Conduct of Hearings, to the list of administrative regulations being repealed; (2) to amend the RELATES TO paragraph to correct statutory citations; and (3) 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.
820 KAR 1:032. Pulltab construction. 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 Section 2 to clarify the information that must be printed on pulltabs; (3) to amend Section 10 to clarify the information that must be recorded for sales by licensed distributors; and (4) to amend Sections 2 to 8 and 10 to 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.
820 KAR 1:034. Pulltab dispenser construction. 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 Sections 1, 2, 3, 4, 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.
820 KAR 1:036. Pulltab rules of play. 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 Sections 1, 2, 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.
820 KAR 1:042. Bingo paper standards. 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 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.
820 KAR 1:044. Bingo equipment. 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 Section 2 to delete the requirement that the testing facility be approved by the Office; (3) to amend Section 3 to require that the total sales activity report be completed on Form CG-CMD, effective October 1, 2006; (4) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to create a new Section 7 to incorporate by reference a required form. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:046. Bingo rules of play. A motion was made and seconded to approve the following amendments: to amend Sections 1 to 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:050. Raffle standards. 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 Section 3 to: (a) specify that if a winner is not present at a raffle drawing, the organization shall notify the winner by certified mail within seven (7) days of the drawing; and (b) require that the organization notify the office and draw another ticket in the presence of Office personnel if a raffle prize is not claimed within thirty (30) days of the winner being contacted; and (4) 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.
820 KAR 1:055. Charity fundraising event standards. 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 Section 1 to require completion of the specified form; (4) to amend Section 1 to specify that pursuant to the agency’s discretion under KRS 238.505(8), the office has determined that charity game tickets, or pulltabs, shall not be an approved game of chance at charity fundraising events held by exempt organizations; (5) to amend Sections 1 to 4 and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:056. Special limited charity fundraising event standards. 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 clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to require completion of the specified form; (4) to amend Sections 1, 2, 3, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:057. Accurate records. 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, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to specify what items shall be counted as part of an organization’s gross receipts. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:058. Gaming Occasion Records. 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 Section 6 to specify the record-keeping requirements for raffles conducted pursuant to 820 KAR 1:050; (4) to amend Sections 1 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend the material incorporated by reference to comply with the content of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:060. Tipping prohibited. 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 Section 2 to specify that it shall be a rebuttable presumption, rather than prima facie evidence, that a person was receiving compensation (in violation of KRS Chapter 238) if the person volunteered at more than four (4) gaming occasions a week or four (4) special limited charitable fundraising events per year; and (4) 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.
820 KAR 1:120. Other allowable expenses. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to state “Allowable Expenses” to more accurately reflect the contents of this administrative regulation; (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 the STATUTORY AUTHORITY paragraph to correct a citation; (4) to amend Section 1 to specify what may be included in printing costs; and (5) to create a new Section 2 to specify the items that may be included in various charitable gaming expense categories, including utilities, advertising, bookkeeping, and security. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:125. Gaming inspections. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (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 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 Public Health: Division of Adult and Child Health Improvement: Division of Administration and Financial Management: Local Health Departments
902 KAR 8:060. Classification and compensation plans for local health departments. Steve Salt and Bob Nelson represented the department.
In response to questions by Co-Chair Roeding, Mr. Nelson stated that these administrative regulations applied to all local health departments except for Lexington-Fayette County, Northern Kentucky Independent District, and Louisville-Jefferson County because by statute, they have separate programs. Their programs were similar to the one established by these administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function served by this administrative regulation; and (3) to amend Sections 1, 3, 7, 8, and 10 through 13 to clarify standards for salary adjustments and comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 8:070. Recruitment, examination, and certification of eligibles for local health departments. 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; (2) to amend Section 4(2) to delete a reference to a scored examination that was no longer required; and (3) to amend Sections 1 and 3 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.
902 KAR 8:080. Initial appointment, probationary period, layoffs, and the resignation of employees of local health departments. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend Section 7(5) to clarify employment standards for variable hour positions; (3) to amend Section 10(9) to clarify what types of classifications might require a longer initial probationary period; and (4) to amend Sections 7 to 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.
902 KAR 8:090. Promotion, transfer, and demotion of local health department employees. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Section 1(5) to clarify employment standards for a regular status employee separated from an unclassified position following promotion; and (4) 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.
902 KAR 8:096. Local health department employee performance evaluation program. A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to clarify the concept of annual increments; and (2) to amend Sections 1, 2, 4, 5, and 7 through 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.
Department for Medicaid Services: Division for Long Term Care and Community Alternatives: Medicaid Services
907 KAR 1:065 & E. Payments for price-based nursing facility services. Stuart Owen, Regulation Coordinator, represented the department.
Department for Community Based Services: Division of Policy Development: Adult Services
922 KAR 5:070 & E. Adult protective services. Jason Moseley, Director, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend Section 2(5) to clarify the resources available to a person who did not meet the criteria for services under this administrative regulation; (3) to amend Section 2(6) to state that the safety of the adult shall be taken into consideration when proceeding with an investigation; (4) to amend Section 3(11) to clarify instances when a legal representative was prohibited from representing an adult; (5) to amend Section 10 to clarify standards for recommending involuntary hospitalization; and (6) to amend Sections 2, 3, 5 to 8, and 10 to 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.
922 KAR 5:102 & E. Domestic violence protective services. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 to 5, 7, and 8 to delete the superfluous phrase "inflicted by a spouse" following the term "domestic violence"; (3) to amend Section 3(8) and (10) to clarify the resources available to a reporting source or victim who did not meet the criteria for services under this administrative regulation; and (4) to amend Sections 2 to 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.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:310. Viatical settlement broker license.
Division of Health Insurance Policy and Managed Care: Health Insurance Contracts
806 KAR 17:510. Health benefit plan exclusionary rider requirements.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:028 & E. Disciplinary measurements and penalties. Lisa Underwood, Deputy Commissioner and General Counsel, and Dr. Andrew Roberts, represented the authority. Frank Becker, General Counsel, Kentucky Horsemen's Benevolent and Protective Association (HBPA), appeared in response to this administrative regulation. Robert Stallings, Counsel for equine veterinarians, appeared in opposition to this administrative regulation.
In response to questions by Representative Lee, Ms. Underwood stated that the amendments to this administrative regulation established voluntary withdrawal guidelines and included threshold levels for nine (9) of the fifty (50) most commonly used equine medications. The Authority would continue to work on developing thresholds for the remaining medications. Dr. Roberts stated that the withdrawal guidelines provided a safety zone which was broad enough to prevent most inadvertent testing violations.
Representative Lee stated that as currently drafted, this was not a fair administrative regulation. By not including thresholds for all fifty (50) medications, it imposed undefined standards on the horse racing industry.
Senator Pendleton stated that he appreciated the authority's development of withdrawal guidelines and the partial list of thresholds. However, based on his experience in the livestock industry, it was important to determine thresholds for the remaining medications as soon as possible.
Mr. Becker stated that the amendments significantly improved this administrative regulation. While the HBPA would prefer if the withdrawal guidelines were not advisory and if there were thresholds for all fifty (50) medications, it did not object to the amendments being approved.
In response to questions by Senator Pendleton, Mr. Stallings stated that for many years, other states have had threshold levels for all fifty (50) equine medications. Dr. Roberts stated that it was a gross misrepresentation of the facts to claim that thresholds existed for all of the medications. In fact, a few states have withdrawal times based on doses. Because it was such a complicated and time-consuming process to develop threshold levels, the authority decided to start with the nine most commonly used equine medications.
Senator Tapp stated that he appreciated the authority working with the other interested parties and developing the withdrawal guidelines and thresholds. He urged them to continue the development process. He had not been informed of any concerns regarding the amendments prior to the Subcommittee meeting. He made a motion, which was seconded, to approve the following amendments: (1) to amend Section 1 to clarify that the term "drug" as used when defining drugs by class also includes "medications or substances"; (2) to amend Section 2 to: (a) clarify that alleged violations of Title 810 shall be adjudicated in accordance with 810 KAR 1:029 and KRS Chapter 13B; (b) require license suspensions or revocations to be calculated in calendar days only; and (c) insert standards for when a horse may be required to be housed prior to race time; (3) to rewrite Sections 4, 5, 6, 9, and 10 to: (a) insert the new requirement that fines, if agreed to by the alleged violator and the authority, may be assessed in mitigation of a license suspension or revocation for certain violations of 810 KAR 1:018 and other sections of Title 810, and delete language allowing the authority and the stewards to assess fines without the agreement of the alleged violator; and (b) insert language requiring penalties to be assessed in keeping with the seriousness of the violation and the facts of the case; (4) to amend Section 11 to incorporate by reference the KHRA Withdrawal Guidelines; and (5) to amend throughout to comply with the drafting and format requirements of KRS Chapter 13A. The motion failed on a voice vote.
Senator Pendleton made a motion, which was seconded, to defer consideration of this administrative regulation. Without objection, and with agreement of the agency, this administrative regulation was deferred.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Mental Health and Mental Retardation Services: Institutional Care
908 KAR 3:190 & E. Drug testing policies at a state operated facility for persons with mental illness or mental retardation.
The subcommittee adjourned at 3:10 p.m. until March 13, 2006.