The Administrative Regulation Review Subcommittee met on Tuesday, August 8, 2006, at<MeetTime> 10:00 AM, in Room 154 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; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Diana Barber, Tim Phelps, Kentucky Higher Education Assistance Authority; Belinda Casey, Brenda Sweatt, Treasury; Norman Brown, Lee Harris, Shelly Saffron, Kentucky Real Estate Commission; Janice Campbell, Jayne Carpenter, Junius Carpenter, Karen B. Greenwell, Noel E. Record, Virginia Record, Board of Barbering; Neil J. Alioto, Diane Fleming, Claude Wagner, Board of Licensure for Private Investigators; Rob Daniel, Bruce Scott, Chris Short, Division of Waste Management; Amy Barker, Department of Corrections; Lieutenant Adam Whitlock, Roger Wright, Kentucky State Police; Kevin Noland, Board of Education; Dr. Robert Tarvin, School Facilities Construction Commission; Carla H. Montgomery, Office of Workers' Claims; David Reichert, Ray Sandbek, Ralph J. Wirth, Board of Home Inspectors; Elizabeth Caywood, Wendy Crumpton, David Gayle, Larry Gillis, Linda Harney, Johann Herklotz, Angela Kirkland, Jay Klein, Stuart Owen, Bobbie Walters, Cabinet for Health and Family Services; Bart Baldwin, Children's Alliance; Maureen Fitzgerald, Heidi Schissler, Protection and Advocacy; and Wayne Campbell.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Karen Howard, Mark Matics, Laura Milam, Ellen Steinberg, Emily Harkenrider, and Roslyn Hendrickson.
Administrative Regulations Reviewed by the Subcommittee:
Kentucky Higher Education Assistance Authority: Division of Student and Administrative Services: Kentucky Loan Program
11 KAR 3:100. Administrative wage garnishment. Diana Barber, assistant general counsel, and Tim Phelps, student aid branch manager, represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 4 to correct statutory citations; and (2) to amend Sections 3 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.
11 KAR 4:080. Student aid applications. 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 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.
11 KAR 5:130. Student application. 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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:140. KTG award determination procedure. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct the punctuation; and (2) to amend Section 1 to cross-reference another administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 5:145. CAP grant award determination procedure. A motion was made and seconded to approve the following amendment: to amend Section 1 to cross-reference another administrative regulation. Without objection, and with agreement of the agency, the amendment was approved.
11 KAR 6:010. KHEAA Work-Study Program. A motion was made and seconded to approve the following amendments: to amend Sections 1 and 6 to correct punctuation. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 8:030. Teacher scholarships. A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 5 to delete language that applied for scholarships issued before 1996; and (2) to amend Sections 2, 5, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process. A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program. 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 Sections 3 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of The Treasury: State Treasury
20 KAR 1:080 & E. Reports to be filed by holders of unclaimed property. Brenda Sweatt, director, and Belinda Casey, branch manager, represented the department.
In response to a question by Senator Roeding, Ms. Sweatt stated that the property that was left in the unclaimed property fund remained in the fund.
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 to 4 to: (a) remove superfluous language; 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.
General Government Cabinet: Real Estate Commission: Commission
201 KAR 11:105. Advertising listed property; advertising public information about specific property; when consent and authorization of owner or principal broker is required. Norman Brown, executive director, Shelly Saffron, director of administration, and Lee Harris, general counsel, represented the commission.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 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.
201 KAR 11:220. Errors and omissions insurance requirements. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to differentiate between insurance company certification and private carrier certification of coverage requirements; (2) to delete Section 6, which set forth requirements for agreements between the insurance company and the licensee regarding insurance policy terms that conflicted with KRS 324.395; and (3) to amend Sections 1, 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.
201 KAR 11:250. Listing and purchase contracts and other agreements entered into by licensees; provisions required.
In response to a question by Senator Roeding, Ms. Harris stated that the commission informed the brokers and brokerage firms of the proposed changes and did not receive any objections.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and 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 11:350. Seller's disclosure of property conditions form. A motion was made and seconded to approve the following amendment: to amend Section 10 to add a new question to the Seller Disclosure of Property Condition Form set forth in this administrative regulation, inquiring whether the property is in a historic district. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:400. Agency disclosure requirements. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to delete superfluous language; (2) to amend Section 3(3) to delete language stating that a broker's revision to the Model Policies shall not constitute a substantive change; and (3) to amend Section 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:430. Procedure for criminal records background check; disciplinary action against licensees for acts committed before or during the application process. 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; (3) to amend Sections 1 and 2 to delete the requirement that an applicant for real estate licensure provide a credit report; 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.
Board of Barbering: Board
201 KAR 14:180. License fees, examination fees, renewal fees, and expiration fees. Karen Greenwell, administrator, and Noel Record, board chairperson, represented the board.
In response to a question by Representative Bruce, Ms. Greenwell stated that this administrative regulation established fees for independent contractors, which was a new area of licensure, and did not increase any existing fees.
Kentucky Board of Licensure For Private Investigators: Board
201 KAR 41:020. Application for licensure. Niel Alioto, board chairperson, Claude Wagner, director, and Diane Fleming, assistant attorney general, represented the board.
In response to questions by Senator Tapp, Mr. Alioto stated that Kentucky’s standards for private investigators were higher than some other states since those states did not have licensure requirements. He did not know the number of states that did not require licensure. Kentucky has a reciprocal agreement with Tennessee and is working to establish reciprocal agreements with Ohio, Illinois, and West Virginia.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct the size of the required photograph; (2) to amend Section 3 to change the edition date of the forms; and (3) to amend the forms to remove a reference to KRS 523.020. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 41:060 & E. Renewal and reinstatement procedures. 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 4 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.
201 KAR 41:070. Continuing professional education requirements. 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 4 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 41:080. Complaint procedure. A motion was made and seconded to approve the following amendments: to amend Section 4 to remove language that repeated the statute and to delete Franklin Circuit Court and insert circuit court as required by statute. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 41:090. Code of ethics. 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.
Environmental and Public Protection Cabinet: Department for Environmental Protection: Division of Waste Management: Underground Storage Tanks
401 KAR 42:005. Definitions related to 401 KAR Chapter 42. Bruce Scott, director, Rob Daniel, branch manager, and Chris Short, attorney, represented the department.
In response to questions by Senator Tapp, Mr. Daniel stated that these administrative regulations did not establish provisions more stringent than the federal requirements but merely clarified the requirements. Mr. Scott stated that the department began the process of streamlining the administrative regulations relating to underground storage tanks (USTs) in 2004. The department has merged twenty-six administrative regulations into nineteen and streamlined the process, making it less combative and more cost effective.
In response to questions by Representative Bruce, Mr. Daniel stated that there were 12,820 active USTs at 4,257 facilities across Kentucky. Each tank would eventually need to be removed and have possible cleanup at some point in the future.
In response to questions by Representative Reinhardt, Mr. Daniel stated that the underground storage tank program regulated petroleum tanks and tanks that contained antifreeze or other hazardous substances, but the program did not regulate fuel oil tanks for residential use. Under federal requirements, a tank was required to be closed if there was a leak, the tank system was not upgraded to current standards, or the system was taken out of service for more than twelve months. The department has worked to educate owners and operators about the existence of the small owner tank removal account fund, which covered tank removal costs for owners or operators with total income less than $50,000 a year. Since 1990, existing tanks were statutorily-required to be registered by July 15, 2006, to be eligible for reimbursement from the fund for their removal. Mr. Scott stated that it was not possible to know the number of tanks not registered under the program. Currently, there were $240 million worth of projects registered and eligible for reimbursement from the fund.
In response to questions by Representative Lee, Mr. Daniel stated that the department allowed abandoned tanks to be registered if the tanks were located at the site of an active investigation or facility cleanup since those abandoned tanks were included in the area of the release from a registered tank. Before a tank could be removed, the statute required notification be given to a department inspector. The majority of tank removals moved forward without having an inspector present, due to budgetary and personnel constraints.
A motion was made and seconded to approve the following amendments: 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.
401 KAR 42:011. Scope of Underground Storage Tank Program. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) 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.
401 KAR 42:020. UST Systems: design, construction, installation and registration. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 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.
401 KAR 42:030. General operating requirements. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) 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.
401 KAR 42:040. UST system release detection. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) 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.
401 KAR 42:050. UST system release reporting, investigation, and confirmation. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:060. UST system release response and corrective action for UST systems containing petroleum or hazardous substances. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
401 KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change-in-service of UST systems. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; (2) to amend Section 3 to specify standards for an extension of the twelve month temporary closure period; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 6, 8, and 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.
401 KAR 42:072. Repealer of 401 KAR 42:071, 401 KAR 42:260, 401 KAR 42:270, 401 KAR 42:280, and 401 KAR 42:310.
401 KAR 42:080. Classification of UST systems containing petroleum and listing of associated cleanup levels. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
401 KAR 42:090. Financial responsibility. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the application of federal regulations; (2) to amend the STATUTORY AUTHORITY paragraph to include KRS 224.60-120; and (3) 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.
401 KAR 42:200. Underground storage tank system owner registration fees. 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; and (3) to amend Sections 2 through 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.
401 KAR 42:250. Petroleum Storage Tank Environmental Assurance Fund Reimbursement Procedures. 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; (3) to amend Section 2(1) to differentiate between current and previous eligibility certificates; (4) to amend Section 2(5) to clarify that the cabinet shall identify in writing deficiencies in the Application for Assistance; (5) to amend Section 8 to delete deficient claim requirements that conflicted with KRS 224.60-140; (6) to amend Section 15 to clarify corrective action activities; (7) to amend the Application for Assistance, incorporated by reference, to decrease the Required Financial Information exception from a $250,000 five-year average total income to $100,000; and (8) to amend Sections 2, 3, 4, 7, 8, 12 through 16, 21, and 26 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:290. Ranking system. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a C.F.R. citation; (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 Sections 2(2) and 3(2) to: (a) correctly set forth financial ability requirements for categorizing within ranks for the Financial Responsibility Account; and (b) delete indefinite language requiring submission of "additional information" relating to financial ability; and (4) 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.
401 KAR 42:300. Third-party claims. 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 1(2) to clarify the eligibility requirements for receiving reimbursement or payment for a third-party claim; and (3) to amend Section 2 to clarify that a third-party claim shall be paid on the basis of a written agreement between a third party and the owner or operator, as approved by the cabinet. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:314. Contractor certification. 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 TITLE and the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clarify that this administrative regulation applies to individual contractor certification; (3) to amend Section 6(6) to clarify that examination results shall be given out immediately upon completion of the exam; (4) to amend Section 7 to clarify that a contractor shall be given written notification if significant statutory, regulatory, or industry changes have occurred warranting a new examination upon certification renewal; (5) to amend Section 8 to clarify that certification suspension or revocation will be effective upon receipt of a notification letter; and (6) to amend Sections 2 through 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:316. Certification of contracting companies. 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; (3) to amend Section 2 to clarify that this administrative regulation applies to company or partnership certification; (4) to amend Section 2 to clarify that applicable work experience shall be provided to demonstrate technical, administrative and financial capabilities; and (5) to amend Sections 1 through 3 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.
401 KAR 42:330. Small Owners Tank Removal Account. 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; and (3) to amend Sections 2 and 4 through 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.
401 KAR 42:335. Financial audits. A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:340. Laboratory certification. 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 2 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.
Department for Environmental Protection: Division for Air Quality: Petroleum Storage Tank Environmental Assurance Fund
415 KAR 1:051. Repealer of 415 KAR 1:050.
Justice and Public Safety Cabinet: Department of Corrections: Office of the Secretary
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).
Department of State Police: Driver Testing Branch: Driver Training
502 KAR 10:110 & E. Third-party CDL skills test examiner standards. Roger Wright, assistant general counsel, and Lt. Adam Whitlock, CDL coordinator, represented the department.
In response to questions by Senator Tapp, Lt. Whitlock stated that this administrative regulation addressed potential conflicts of interests that existed between CDL examiners and the commercial driver’s license training schools that hired the examiners. The Kentucky State Police would oversee the examiners, train them, and pay for their services.
In response to a question by Senator Tapp, Mr. Wright stated that the department did not receive comments on this administrative regulation.
In response to questions by Representative Reinhardt, Lt. Whitlock stated that it was not difficult to receive a commercial driver’s license. The changes were proposed to align Kentucky’s program with issues noted in recent federal audits. Applicants for a CDL may choose to attend a private commercial driver’s training school but attendance at a driver’s training school was not required.
In response to a question by Representative Bruce, Lt. Whitlock stated that farmers were not required to have a commercial driver’s license if they were transporting their products to a market within 150 miles.
A motion was made and seconded to approve the following amendment: to amend Section 1 to clarify the definition of "Third-party CDL skills text examiner." Without objection, and with agreement of the agency, the amendment was approved.
Education Cabinet: Kentucky Board of Education: Department of Education: Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation. Kevin Noland, general counsel, represented the board.
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 and Sections 2 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to: (a) specify that the substituted courses shall be based on grade-level content standards and may be modified to allow for a narrower breadth, depth or complexity of the general grade-level content standards; and (b) delete the requirement that a rationale and course description be filed with the department; and (4) to amend Section 7 to specify that students completing an alternative course of study shall receive a certificate of attainment to be awarded by the local board of education consistent with the graduation practices for all students. Without objection, and with agreement of the agency, the amendments were approved.
Finance and Administration cabinet: School Facilities Construction Commission: Procedures
750 KAR 1:010. Commission procedures. Robert Tarvin, executive director, and Lisa Collins represented the commission.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Section 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.
Environmental and Public Protection Cabinet: Department of Labor: Office of Workers' Claims: Office
803 KAR 25:010. Procedure for adjustments of claims. Carla Montgomery, general counsel, represented the office.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 5, 6, 7, 8, 11, 13, 20, 21, 24, and 27 to: (1) correct the names and form numbers of the material incorporated by reference; 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.
Department for Public Protection: Office of Housing, Buildings and Construction: Kentucky Board of Home Inspectors
815 KAR 6:010 & E. Home inspector licensing requirements and maintenance of records. Ray Sandbek, chair, Ralph Wirth, vice chair, and David Reichert, general counsel, represented the board.
In response to questions by Representative Lee, Mr. Sandbek stated that the board determined the amount of the licensure fee based on a comparison to the fees charged in Indiana and Illinois and fees charged for other professional licenses. Ohio and West Virginia did not currently license home inspectors.
Representative Lee stated that the board should set the renewal fee based on the administrative and other actual costs for licensure in Kentucky, rather than the costs of other states. He recommended that the board examine the fee amounts and its budgetary needs over the next year, and if the board determined that $250 was excessive for Kentucky’s program, the board should reduce the fee.
In response to questions by Senator Tapp, Mr. Wirth stated that pre-licensing students were required to have eight hours of inspection in a laboratory, during which time the students would review equipment commonly used in home inspections.
In response to questions by Representative Reinhardt, Mr. Wirth stated that the national tests that examined the competence of potential home inspectors included questions about general indoor air quality and other environmental issues. Thus, the board was requiring that pre-licensing training courses include one hour of instruction on environmental hazards, mitigation, water quality, and indoor air quality. The basic instruction received in these areas would give potential home inspectors familiarity with the terminology likely to appear on the national examination, including terms such as radon, lead, molds, and mildews. Home inspectors were not required to conduct indoor air quality or mold studies during home inspections.
In response to questions by Representative Bruce, Mr. Wirth stated that termite inspections were required before a home could be sold, but those inspections were not within that agency’s jurisdiction.
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 and Sections 2, 4, 5, 7, 8, , and 9 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to specify that a pre-licensing training course shall include: (a) eleven, rather than twelve, hours relating to standards of practice, licensing law and regulations, contracts, report writing, and communications; (b) sixteen hours of actual inspection, with eight hours in a laboratory and eight hours in field training; and (c) one hour of environmental hazards, mitigation, water quality and indoor air quality; and (4) to amend Section 6 to: (a) require submission of a copy of a completed inspection report that has been compiled within the previous twelve months immediately preceding renewal; and (b) delete the requirement that renewal applicants undergo a statewide background check before license renewal. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 6:020. Advertising by home inspectors. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend Sections 1 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.
815 KAR 6:030. Home inspector standards of conduct. 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 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.
815 KAR 6:040 & E. Home inspector prelicensing and continuing education providers. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 1 to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 5(2) to specify that a continuing education provider shall not pay in excess of $250, rather than $500, per year for course approval fees (which are $25 per class per date offered), to comply with KRS 198B.706(6). Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health and Family Services: Department for Medicaid Services: Medicaid Services
907 KAR 1:145 & E. Supports for community living services for an individual with mental retardation or a development disability. Angela Kirkland, director, Stuart Owen, regulations coordinator, and Johann Herklotz, deputy general counsel, represented the department. Heidi Schissler, attorney, and Maureen Fitzgerald, director, appeared on behalf of Kentucky Protection and Advocacy in opposition to this administrative regulation and 907 KAR 1:155 & E.
In response to questions by Representative Bruce, Ms. Kirkland stated that this administrative regulation increased the number of available residential beds to facilitate residents coming out of ICF/MR institutions, including Oakwood. The department wanted the beds available for transitioning residents who wanted to leave their current placements.
Ms. Schissler stated that while Kentucky Protection and Advocacy believed that many of the proposed amendments to these administrative regulations were positive and appropriate, it still had concerns about the definition of disabilities and the placement sizes. Currently if a person had retardation, a developmental disability or related condition and needed long-term care, the person would either be in an ICF/MR institution or in a community placement paid for by Medicaid through the SCL (supports for community living) program. Persons with either an intellectual or adaptive behavior deficit were eligible for placement in either the institution or community living setting. However, the change in Section 1(7) of this administrative regulation made it a requirement that the person have both intellectual deficits and adaptive behavior deficits to receive a community placement. The change in this definition would prevent some individuals from receiving a more appropriate community placement by requiring that they be placed in an institution.
In response to questions by Representative Lee, Ms. Kirkland stated that the department did not change an existing definition but simply added a definition of “developmental disability” to this administrative regulation. The federal Centers for Medicare and Medicaid Services (CMS) recognized three population types, including the mental retardation/developmental disability population, the aged and physically disabled population, and the traumatic brain injury population. CMS would not allow the department to have cross-populations and the waivers would be jeopardized if intellectual deficits were not required. For instance, a person with epilepsy or cerebral palsy without intellectual deficits would be covered as part of the aged and physically disabled population and receive services based on the home and community based waivers. This administrative regulation did not change the SCL criteria regarding which patients qualified for the program.
Ms. Fitzgerald stated that Kentucky Protection and Advocacy applauded the department’s efforts for transitioning people out of Oakwood but was concerned because this administrative regulation would allow up to eight individuals receiving SCL services to live together in a group home. Their research showed that as the size of group homes increased, the outcomes (quality of care and services) decreased. The group home size for persons receiving SCL funding should remain at three persons.
In response to questions by Senator Pendleton, Ms. Kirkland stated that the department was not expanding the number of residents at group homes. The group homes were currently limited to eight residents, with no more than three receiving SCL funding. The change would allow up to eight residents to be receiving SCL funding. Under current requirements, if a person in a group home became eligible for SCL funding and there were already three SCL recipients in that group home, the person would be required to transfer to a different group home. The proposed change would enable that person to stay in the group home. The department worked hard to develop transition plans for each person, taking into consideration the person’s health, safety, and welfare, to ensure that the plan was the most appropriate for that person. The department was working to increase the number of providers and thus the number of available placements.
In response to questions by Representative Lee, Ms. Kirkland stated that the department would closely monitor the impact of increasing the number of SCL recipients in group homes. She believed that the staffing arrangements at group homes would provide more supervision of residents than the arrangement at Oakwood provided.
In response to questions by Representative Bruce, Ms. Kirkland stated that it was difficult to retain qualified employees at Oakwood due to its location, the available workforce, and number of retirements.
In response to questions by Senator Kerr, Ms. Kirkland stated that the department had communications with Kentucky Protection and Advocacy about this administrative regulation. She did not wish to defer consideration of this administrative regulation because the department needed the additional SCL slots for transitioning persons currently in other placements. If the administrative regulation was deferred, there would be a period of time, about a week, after the emergency administrative regulation expired before the new ordinary administrative regulation would become effective. That would effect the transitions, the number of SCL beds available, the incentives for providers, criminal background and safety checks, and other training requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 7 to correct statutory citations; and (2) to amend Sections 1 to 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.
907 KAR 1:155 & E. Payments for supports for community living services for an individual with mental retardation or a developmental disability. A motion was made and seconded to approve the following amendments: to amend Section 4 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Mental Health and Mental Retardation Services: Division of Administration and Financial Management: Institutional Care
908 KAR 3:190 & E. Drug testing policies at a state-operated facility for persons with mental illness or mental retardation. Linda Harney, deputy commissioner, represented the department.
In response to questions by Senator Pendleton, Ms. Harney stated that this administrative regulation established the drug testing policies for state-operated facilities for persons with mental illness or mental retardation.
A motion was made and seconded to approve the following amendments: (1) to amend the title to more accurately reflect the content of this administrative regulation; (2) to amend Section 1 to include definitions for "Commissioner" and "Officer" and to more clearly define "return to duty"; (3) to amend Section 3 to specify reporting dates for the employee roster; and (4) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1, 2, 3, 4, 5, 7, 9, 10, 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.
Department for Community Based Services: Division of Policy Development: Child Support
921 KAR 1:410. Child support collection and enforcement. Elizabeth Caywood represented the department.
Food Stamp Program
921 KAR 3:035. Certification process. A motion was made and seconded to approve the following amendments: 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.
Department for Community Based Services: Division of Policy Development: Day Care
922 KAR 2:160. Child Care Assistance Program. A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 3, and 6 to clarify requirements and to insert waiver standards; (2) to amend Sections 2, 3, 4, 6, 7, and 10 and the material incorporated by reference to replace the current required forms with updated versions; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 10 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:
General Government Cabinet: Real Estate Commission: Commission
201 KAR 11:011 & E. Definitions for 201 KAR Chapter 11.
201 KAR 11:121 & E. Improper conduct.
Board of Chiropractic Examiners: Board
201 KAR 21:015. Code of ethical conduct.
201 KAR 21:025. Board; officers, duties.
201 KAR 21:051. Board hearings; complaints.
201 KAR 21:055. Colleges and universities; accreditation, approval.
201 KAR 21:085. Preceptorship program.
201 KAR 21:100. Minimum standards for recordkeeping/itemized statements.
Environmental and Public Protection Cabinet: Department for Public Protection: Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:080. International wagering hubs.
The subcommittee adjourned at 12:10 p.m. until September 12, 2006 at 10 a.m. in room 154 Capitol Annex.