The May meeting of the Administrative Regulation Review Subcommittee was held on Thursday, May 11, 2006, 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; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Jody E. Hughes, John Tapp, Kentucky Infrastructure Authority; Nathan Goldman, Board of Nursing; John Forgy, Christopher L. Lilly, Environmental and Public Protection Cabinet; Mark Cramer, Jim Lane, Department of Fish and Wildlife Resources; Henry J. Curtis, Sam Devine, Department of Parks; Steve Lynn, Department of Criminal Justice Training; Bridget Brown, Mary S. Buckley, Miranda Denney, LaDonna Koebel, Vicki Kohus, Libby Mills, Joe Payne, Dr. Mike Rinderle, Edna Seabrooks, Sherre Smith-Jones, Richard Thomas, Rodney Young, Department of Juvenile Justice; Rebecca DiLoreto, Leslie Jones, Gail Robinson, Department of Public Advocacy; Kim Brooks, Children's Law Center; Betsy Matthews, Eastern Kentucky University; Kerry Cauthen, Lisa Underwood, Kentucky Horse Racing Authority; Sandy Fawbush, Trish Howard, Joyce Robl, Cabinet for Health and Family Services; and Stuart Owen, Department of Medicaid Services.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Emily Harkenrider, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Thursday, May 11, 2006, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
OFFICE OF THE GOVERNOR: Kentucky Infrastructure Authority: Authority
200 KAR 17:050. Clean Water State Revolving Fund. Jody Hughes, executive director, and John Tapp represented the authority.
In response to a question by Senator Tapp, Mr. Hughes stated that under these amended administrative regulations, the Division of Water retained their responsibility for preparing environmental reports. However, as grantee of the Clean Water and Drinking Water State Revolving Funds, the authority would assist in submitting them to the Environmental Protection Agency.
A motion was made and seconded to approve the following amendments: (1) to amend Section 7(4) to specify that a more frequent payment schedule may be set for repayment of principal based on the credit review; (2) to amend Section 10 to clarify that an applicant must comply with financial, managerial, and technical conditions of the authority's board; (3) to amend Section 11 to specify that the authority shall establish financial reporting intervals based on financial performance or the compilation of a program report; (4) to establish a Section 13 to incorporate by reference the required application and requisition forms; and (5) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, 4, 5, 6, 7, 9, 10, 11, and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
200 KAR 17:070. Drinking Water State Revolving Fund. A motion was made and seconded to approve the following amendments: (1) to amend Section 8(4) to specify that a more frequent payment schedule may be set for repayment of principal based on the credit review; (2) to amend Section 12 to clarify that an applicant must comply with financial, managerial, and technical conditions of the authority's board; (3) to amend Section 13 to specify that the authority shall establish financial reporting intervals based on financial performance or the compilation of a program report; (4) to establish a Section 15 to incorporate by reference the required application and requisition forms; and (5) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 4, 6, 8, 11, 12, 13, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Nursing
201 KAR 20:070. Licensure by examination. Nathan Goldman, general counsel, represented the board.
201 KAR 20:110. Licensure by endorsement.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Kentucky Boxing and Wrestling Authority
201 KAR 27:005. Definitions for 201 KAR Chapter 27. Chris Lilly, commissioner, and John Forgy, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Section 1 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:007. Powers and duties delegated to an executive director, inspector, or employee of the authority. 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 Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:008. License fees and applications for boxing, kickboxing, mixed martial arts event, and elimination event officials. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) to amend Section 4 to: (a) correct the edition dates of the material incorporated by reference; and (b) comply with the drafting requirements of KRS 13A.2251. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:011. General requirements for boxing and kickboxing shows. 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 Sections 1 to 6, 13, 17 to 20, 22, 25, 27, 30, 33, 34, 41 to 45, 47, 48, and 50 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 20 to clarify the authority for requiring the purchase of health and accidental death insurance; (4) to amend Section 30 to specify that a referee may take away points for a foul; (5) to amend Section 44 to clarify the requirements for contestant weigh-ins; and (6) to amend Section 50 to correct the edition dates of material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:012. Wrestling show requirements. 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 Section 3 to clarify the authority for licensing event staff; (3) to amend Section 4 to clarify the size of an alternative ring design as 196 square feet; (4) to amend Sections 4, 6, 8, 11, 12, 13, and 15 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 15 to correct the edition dates of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:016. General requirements for mixed martial arts matches, shows, or exhibitions. A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 8, 12, 16 to 20, 22, 23, 25, 26, 29, 30, 33 to 37, and 41 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 41 to correct the edition dates of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:017. Requirements for elimination events. 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 Sections 1, 3, 9, 12, 14, 15, 16, 19, 21 to 24, and 26 to 30 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 30 to correct the edition date of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:020. Tickets. A motion was made and seconded to approve the following amendments: to amend Sections 1 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.
201 KAR 27:031. Repeal of 201 KAR 27:010, 27:013, 27:014, 27:015, and 27:030.
201 KAR 27:035. Seconds. 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 clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008; and (3) to amend Sections 2, 10, and 11 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 27:040. Managers. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend Sections 1, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:045. Judges. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend Sections 1, 4, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:050. Announcers. 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 Sections 1, 2, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:055. Physicians. 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 Sections 1, 2, 9, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 1 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008; and (4) to amend Section 11 to correct the edition dates of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:060. Referees. 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 Sections 2, 12, and 13 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008; and (4) to amend Section 8 to clarify provisions governing how a round would be decided if there was a foul. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:065. Promoters. 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 1, 5, 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.
201 KAR 27:070. Timekeeper. 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 Sections 1, 6, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 27:090. Trainers. 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 Sections 2, 6, 9, and 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to clarify that an applicant shall file a completed application and pay the licensure fee established in 201 KAR 27:008. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:142. Spring wild turkey hunting. Mark Cramer, deputy commissioner, and Jim Lane, director, represented the department.
Wildlife
301 KAR 4:050. Swan Lake Unit of Boatwright Wildlife Management Area restrictions.
Department of Parks: Parks and Campgrounds
304 KAR 1:040. Campgrounds. Henry Curtis, staff attorney, and Sam Devine, assistant director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1(17) to delete the prohibition of firearms; (2) to amend Section 1(1), (2), and (9) to establish standards for waivers by the park superintendent; and (3) to amend the RELATES TO 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Criminal Justice Training: General Training Provision
503 KAR 3:050 & E. Telecommunications academy: graduation requirements; records. Steve Lynn, Office of Legal Services, represented the cabinet.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to include KRS 15.530. Without objection, and with agreement of the agency, the amendment was approved.
Department of Juvenile Justice: Division of Admissions: Child Welfare
505 KAR 1:100. Department of Juvenile Justice Policies and Procedures: admissions. Bridget Brown, commissioner, Libby Mills, assistant director, LaDonna Koebel, deputy general counsel, and Rodney Young, Psy.D., represented the department. Leslie Jones, Rebecca DiLoreto, and Gail Robinson, Department of Public Advocacy, appeared in opposition to this administrative regulation.
In response to a question by Senator Tapp, Ms. DiLoreto stated that implementing this administrative regulation would be more costly than the current assessment and classification system because it would result in additional youths being placed in residential treatment facilities.
In response to questions by Co-Chair Roeding, Senator Tapp, and Representative Lee, Ms. DiLoreto stated that the Department of Public Advocacy had expressed their concerns about this administrative regulation by submitting comments to the department, consulting with judges, prosecutors, and mental health specialists, and appearing before the subcommittee.
In response to a question by Representative Lee, Ms. Koebel stated that the new classification system would not increase the number of youths in residential treatment facilities or reduce their mental health treatment. Additionally, it only applied to youths that were already committed to the department by the District Court on the basis that all other community alternatives had been exhausted. Dr. Young stated that the Subcommittee had previously reviewed the department's treatment requirements. They were not affected by this administrative regulation.
Representative Bruce made a motion, which was seconded, that the administrative regulation proceed through the administrative regulation process. The motion was unanimously approved on a roll call vote. Representative Lee stated that he reluctantly approved the motion because he had not had adequate time to consider the Department of Public Advocacy's concerns. However, if those concerns came to fruition, the subcommittee could reconsider this administrative regulation. Senator Pendleton stated that he approved the motion because he had not received any negative feedback about the classification system prior to the subcommittee meeting. Co-Chair Roeding stated that he approved the motion because the subcommittee members were very accessible to those with concerns about an administrative regulation prior to its review by the subcommittee. The members were also committed to making the administrative regulation process as open as possible, as evidenced by House Bill 374 which was enacted during the 2006 Regular Session of the General Assembly.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:070 & E. Kentucky Thoroughbred Breeders' Incentive Fund. Lisa Underwood, deputy commissioner and general counsel, and Kerry Cauthen represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6(4) to clarify that additional money shall not be added to the reserve fund if it contained at least $5,000,000 at the time excess funding was available; and (2) to amend Sections 1, 2, 4, 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Division of Adult and Child Health Improvement: Maternal and Child Health
902 KAR 4:030 & E. Newborn Screening Program. Joyce Robl, manager, and Sandy Fawbush, nurse consultant, represented the cabinet.
In response to a question by Representative Lee, Ms. Fawbush stated that the fee for the newborn screening program was a covered item under Medicaid or a third party insurer.
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.
Department for Medicaid Services: Medicaid Services
907 KAR 1:044. Community mental health services. Stuart Owen, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1, 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.
907 KAR 1:715 & E. School-based health services. A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to specify that the costs of an assessment or evaluation conducted prior to the establishment of an individualized education plan shall be covered if the implementation of the IEP was the result of the assessment or evaluation; and (2) to amend Section 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Payments and Services
907 KAR 3:170 & E. Telehealth services and reimbursement. 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 Sections 1, 2, 3, 7, and 8 to use the term “recipient” not “member”, to comply with KRS 13A.222(4)(d) and KRS 205.8451; and (3) to amend Section 9 to delete subsection (9) which established requirements for another state agency in violation 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:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: General Administration
103 KAR 1:040 & E. Waiver of penalties.
103 KAR 1:050 & E. Forms manual.
Income Tax; General Administration
103 KAR 15:100 & E. Nonrefundable and refundable corporation income tax credits.
103 KAR 15:140 & E. Biodiesel tax credit.
Income Tax; Corporations
103 KAR 16:020 & E. Qualified exempt organization under KRS 141.040(8)(a).
103 KAR 16:200 & E. Consolidated Kentucky corporation income tax return.
103 KAR 16:210 & E. Calculation of gross income for corporations that are pass-through entities and treatment of certain deductions for their individual members, partners, and shareholders.
103 KAR 16:250 & E. Net operating loss deduction for corporations.
Income Tax; Withholding
103 KAR 18:070 & E. Supplemental wages and other payments subject to withholding.
103 KAR 18:160 & E. Partnership income, credits, and payments subject to withholding.
GENERAL GOVERNMENT CABINET: Real Estate Commission
201 KAR 11:011 & E. Definitions for 201 KAR Chapter 11.
201 KAR 11:121 & E. Improper conduct.
Board of Nursing
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.
Board of Chiropractic Examiners
201 KAR 21:015. Code of ethical conduct.
201 KAR 21:025. Board; officers, duties.
201 KAR 21:031. Board meetings.
201 KAR 21:041. Licensing; renewals, fees.
201 KAR 21:045. Specialties.
201 KAR 21:051. Board hearings; complaints.
201 KAR 21:055. Colleges and universities; accreditation, approval.
201 KAR 21:060. Clinics; offices.
201 KAR 21:065. Professional advertising.
201 KAR 21:070. Licensing examination requirements.
201 KAR 21:075. Peer review procedures and fees.
201 KAR 21:080. Seventy-two (72) hour right of rescission.
201 KAR 21:085. Preceptorship program.
201 KAR 21:095. Licensure and registration of persons performing peer review.
201 KAR 21:100. Minimum standards for recordkeeping/itemized statements.
EDUCATION CABINET: Board of Education: Department of Education: Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Office of Occupational Safety and Health
803 KAR 2:180. Recordkeeping; reporting; statistics.
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 11:00 a.m. until June 13, 2006 at 10 a.m. in room 149 Capitol Annex.