The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 10, 2006, at 10:00 AM, in Room 154 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members:, 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: Mike Carr; Cindy Owen, Alicia Sneed, Marilyn Troupe, Education Professional Standards Board; John M. Marks, Office of Careers and Technical Education; Eddie Mattingly, Angela Robinson, Department of Revenue; Mark Brengelman, Board of Dentistry and Board of Physical Therapy; Danny Clark, M.D., Michael S. Rodman, C. Lloyd Vest II, Board of Medical Licensure; Jonathan Doran Buckley, David Cox, Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Board of Nursing; Becky Klusch, Board of Physical Therapy; Cheryl Bentley, Scott Porter, Claude Wagner, Board of Licensure and Certification for Dieticians and Nutritionists; Kristina Brunjes, Jon Gassett, Jim Lane, Morgain M. Sprague, Department of Fish and Wildlife Resources; Tom Bloemer, Mark Farrow, Wilbur Frye, Jason W. Glass, Chad Halsey, Gary Wheeler, Department of Agriculture; Lona Brewer, Chris Hall, Division for Air Quality; Amy Barker, John Dunn, Department of Corrections; Michael W. Coffey, Dana Fugazzi, Michael Hill, Mary Wade, Jim Wathen, Jess Zimmerman, Transportation Cabinet; Kevin Noland, Roy Prince, Paul McElwain, Board of Education; Chris Bischoff, Jim Nelson, Department of Libraries and Archives; D. J. Wasson, Office of Insurance; Angela Kirkland, Rob Edwards, Medicaid Services; Debbie Ball, Donna M. Collins, Bill Cooper, Shirley Eldridge, Marnie Mountjoy, Division of Aging Services; Elizabeth Caywood, Department for Community Based Services; and John Mann, Jack Mann Scales, Inc.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Kara Daniel, Ellen Steinberg, Emily Harkenrider, and Roslyn Hendrickson.
The Administrative Regulation Review Subcommittee met on Tuesday, October, 2006, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD:
Kentucky Teaching Certificates
16 KAR 2:010. Teaching certificates. Alicia Sneed, director of legal services; Mike Carr, director of certification; Marilyn Troupe, director of educator preparation; and Cindy Owen, director of professional learning and assessment, represented the board.
In response to a question by Senator Tapp, Mr. Carr stated that two options for alternative certification were available for engineers who wished to become teachers. Option 1 recognized ten years of work experience and required a portfolio submission. Option 6 permitted applicants to begin teaching upon their entry into a university-based alternative certification route and was frequently used by teachers for math, science, or special education. It took about three years to finish the alternative certification program.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:020. Occupation-based career and technical education certification.
In response to a question by Co-chair Pullin, Mr. Carr stated that individuals who begin teaching under an occupation-based or technical education certificate are required to enroll in a 64-hour university program. Some universities have been awarding credit to these individuals based on work and life experience which exempted them from some of the coursework the board considered necessary. The amended administrative regulation will prohibit counting such credits toward certification requirements.
A motion was made and seconded to approve the following amendments: to amend Section 2 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) clarify that credit granted by postsecondary institutions for occupational proficiency based upon past relevant experience or credit by examination shall not be applied toward the provisional certificate renewal requirements. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:140. Probationary certificate for teachers of children, birth to primary.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:150. Probationary certificate for teachers of technology education.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:160. Probationary certificate for teachers of exceptional children.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
16 KAR 2:170. Probationary certificate for middle school teachers.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements in KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Administrative Certificates
16 KAR 3:080. Career and technical education.
A motion was made and seconded to approve the following amendments: 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. Without objection, and with agreement of the agency, the amendments were approved.
Educator Preparation
16 KAR 5:040. Admission, placement, and supervision in student teaching.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Assessment
16 KAR 6:020. Written examination prerequisites for occupation-based career and technical education teachers.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 4, 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.
Internship
16 KAR 7:010 & E. Kentucky Teacher Internship Program.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 4, 5, 6, 7, 8, 9, 11, and 12 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 4 to specify if a waiver is granted, it shall remain in effect for the duration of the internship, rather than for the calendar year during which it was granted. Without objection, and with agreement of the agency, the amendments were approved.
Alternative Routes to Certification
16 KAR 9:040. Part-time adjunct instructor certificate.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET:
Department of Revenue:
Office of Income Taxation: Ad Valorem Tax; State Assessment
103 KAR 8:110. Apportioned Vehicles. Eddie Mattingly, legislative liaison, and Angela Robinson, attorney, represented the department.
In response to questions by Representative Lee, Mr. Mattingly stated that the method for computing depreciation values was not changed by this administrative regulation. The depreciation values were published by a nationally recognized, reputable company that had served as a long-term source for the department. The publication was available for a fee. Subcommittee staff stated that the extensive document was incorporated by reference in the administrative regulation and that it was available for inspection at the department or at LRC.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (2) to amend Section 1 to specify the name of the publication (the “Marshall Valuation Service”) that has been designated as the authoritative source of depreciation values for determining the annual fee on apportioned motor vehicles; and (3) to create a new Section 2 to incorporate by reference the named publication. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary:
Property
200 KAR 6:046E. Repeal of 200 KAR 6:045.
GENERAL GOVERNMENT CABINET:
Board of Dentistry:
Board
201 KAR 8:150. Dental application; examination. Mark Brengelman, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to: (a) specify the name of the required application form; (b) clarify the examination requirements; and (c) require a passport-sized photograph be attached to the application form; (2) to amend Section 2 to change the edition date of the material incorporated by reference; and (3) to amend the incorporated application form to comply with the drafting requirements of KRS Chapter 13A and this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 8:260. Dental hygiene application; examination.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to: (a) specify the name of the required application form; (b) clarify the examination requirements; and (c) require a passport-sized photograph be attached to the application form; (2) to amend Section 2 to change the edition date of the material incorporated by reference; and (3) to amend the incorporated application form to comply with the drafting requirements of KRS Chapter 13A and the provisions of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Medical Licensure:
Board
201 KAR 9:041. Fee schedule. Danny Clark, M.D., president; Michael Rodman, assistant executive director; and Lloyd Vest, general counsel, represented the board.
Board of Licensure for Professional Engineers and Land Surveyors:
Board
201 KAR 18:170. Compensation of board members. David Cox, executive director, and Jonathan Doran Buckley, general counsel, represented the board.
201 KAR 18:192. Continuing professional development.
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 to correct statutory citations; and (2) to amend Sections 1, 2, 3, 5, 6, 7 and 9 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing:
Board
201 KAR 20:070. Licensure by examination. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendment: to amend Section 4 to delete language that is no longer needed. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 20:110. Licensure by endorsement.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to delete language that is no longer needed; and (2) to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:161. Investigation and disposition of complaints.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to delete disciplinary actions not listed; and (2) to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:310. Faculty for prelicensure registered nurse and practical nurse programs.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, and 4 to delete language that is no longer needed; (2) to correct a minor drafting error; (3) to delete language in Section 2 that is ambiguous; and (4) to amend Sections 1 to 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.
201 KAR 20:450. Alternative program.
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards.
201 KAR 20:500. Nurse licensure compact.
In response to questions by Senator Tapp, Mr. Goldman stated there were 20 states in the Nurse Licensure Compact, to date, with Tennessee being the closest state.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy:
Board
201 KAR 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or a physical therapist assistant. Becky Klusch, executive director, and Mark Brengelman, assistant attorney general, represented the board.
In response to questions by Co-chair Pullin, Ms. Klusch stated there was currently a shortage of physical therapists in all settings but that it was cyclical. A few years ago there were too many. Physical therapy assistants worked under the supervision of a physical therapist and followed the prescribed plan of care. There were three schools that train physical therapists and five schools that train physical therapy assistants in Kentucky.
Co-chair Pullin stated that there was a shortage of engineers, physical therapists, and nurses in Kentucky, while there were still Kentuckians who need jobs. She stated this was a challenge for the General Assembly and the agencies to find ways to provide training opportunities for Kentucky citizens to assist them in obtaining employment and address the shortage of qualified personnel in those fields.
201 KAR 22:140. Funding of impaired physical therapy practitioners committee.
A motion was made and seconded to approve the following amendment: to amend Section 2 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendment was approved.
Board of Licensure and Certification for Dietitians and Nutritionists:
Board
201 KAR 33:030. Continuing education requirements for licensees and certificate holders. Cheryl Bentley, licensed dietician and board chair, and Claude Wagner, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET:
Kentucky Department of Fish and Wildlife Resources:
Game
301 KAR 2:083. Holding and intrastate transportation of captive cervids. Jon Gassett, commissioner; Jim Lane, wildlife division director; and Morgain Sprague, attorney, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 8 to (1) delete language that repeated or modified statutory provisions; (2) include a reference to the authorizing statute; and (3) correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees.
In response to questions by Representative Lee, Mr. Gassett stated the department did not currently have the authority to set fee increases based on the consumer price index but the department may seek to introduce legislation on that topic in the future.
In response to questions by Co-chair Pullin, Mr. Gassett stated that discounted hunting and fishing licenses for seniors were for individuals age 65 and over. The department could consider lowering the age but it may not be financially feasible. If the department did not raise its fees, it would have to make cuts in its private pond fish stocking program and possibly its landowner assistance program. It had already increased camp fees and magazine subscription costs. Kentucky’s deer herds and turkey flocks were among the best in the country and justified higher fees. Many other states charged higher fees to nonresidents than Kentucky does so increases in nonresident fees would even things out. All of the members of the department’s board have supported the fee increases.
In response to questions by Representative Reinhardt, Mr. Gassett stated that Kentucky was overstocked with deer but not with turkeys. Northern and western Kentucky have too many deer which they were trying to reduce through doe management. A new “hunters for the hungry” program created during the last session of the General Assembly will allow hunters to kill does to donate them to the poor for food. There were nine members on the department’s board. Of those, five were selected by sportsmen and appointed by the governor. Disabled persons of any age were eligible for the $5.00 license. The permit for $5.00 covered everything except the fee to apply for a deer or elk hunt.
In response to questions by Senator Tapp, Mr. Gassett stated that the fee increases were intended to generate additional income as well as simplify the overall fee structure and reduce the number of different rates and permits. The department tried to eliminate the 15-day nonresident fishing license and reduce the seven-day permit to a five-day to be consistent with hunting licenses but, after a public hearing, they did not do that.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendment was approved. Co-chair Pullin stated that she wanted her objection to this administrative regulation noted in the record.
GENERAL GOVERNMENT CABINET:
Department of Agriculture:
Division of Show and Fair Promotion:
Fairs and Shows
302 KAR 15:010. Administration; state aid to local fairs. Mark Farrow, chief of staff; and
Stewart Gritton, county fairs coordinator represented the department.
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(3) to clarify the approval process for fair events conducted on separate dates; (3) to amend Section 1(4) to delete outdated language related to classes; (4) to amend Section 2 to clarify deadline dates for turning in documentation; (5) to amend Section 7 to clarify the application process for the Building Program; (6) to amend Section 8 to differentiate between the Building Program and the Grant Program and clarify the application process for the Grant Program; (7) to amend Section 10 to correctly reference the materials incorporated by reference; and (8) to amend Sections 1 through 9 to clarify indefinite provisions and further comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Regulation and Inspection:
Amusement Rides
302 KAR 16:010. Permit for operation of amusement rides or amusement attractions in Kentucky. Mark Farrow, chief of staff; Chad Halsey, administrative branch manager; and Gary Wheeler, supervisor, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete the definitions for terms not used in this administrative regulation, as required by KRS 13A.222(4); and (2) to amend Sections 1, 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.
302 KAR 16:020. Operation of amusement rides or amusement attractions.
In response to questions from Representative Reinhardt, Mr. Farrow stated that in 2005 there were three reported accidents, and one reported in 2006 to date. Since 1986 there have been zero rider deaths and one death of an amusement ride worker in Kentucky. In 2006 the department performed initial inspections on at least 2,305 rides and follow-up inspections on at least 3,000. This administrative regulation adds hay rides to the list of attractions that were not inspected.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (2) to amend Section 1 to add definitions for the terms used in this administrative regulation; (3) to amend Section 2 to specify that amusement attractions shall not include hay rides, haunted houses, mazes, manual belayed climbing walls, and mechanical bulls; (4) to amend Section 3 to: (a) delete the $75 inspection fee for mechanical bulls; (b) establish a $75 inspection fee for dark rides; and (c) reduce the fee for amusement rides or attractions not specifically listed in this administrative regulation to $150 (from $200); and (5) 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.
Division of Regulation and Inspection:
Weights and Measures
302 KAR 85:010. Requirements to establish fee schedules for calibrations, adjustments, weights and measures. Mark Farrow, chief of staff, and Jason Glass represented the department. John Mann, owner, Jack Mann Scales, appeared in support of this administrative regulation.
John Mann stated that the industry wanted the reliability that came with certified calibration which required an up-to-date state laboratory and he supported this administrative regulation.
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 Section 1(2) to correct a drafting error. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET:
Department for Environmental Protection:
Division for Air Quality:
General Administrative Procedures
401 KAR 50:010. Definitions for 401 KAR Chapter 50. Lona Brewer, program manager, and Chris Hall, program planning, represented the department.
In response to a question by Representative Reinhardt, Ms. Brewer stated that individuals could report suspected illegal burning by calling 1-800-BURN-LAW or by calling the Division for Air Quality at 502-573-3382.
Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001. Definitions for 401 KAR Chapter 51.
Permits, Registrations, and Prohibitory Rules
401 KAR 52:001. Definitions for 401 KAR Chapter 52.
New Source Standards
401 KAR 59:001. Definitions for 401 KAR Chapter 59.
Existing Source Standards
401 KAR 61:001. Definitions for 401 KAR Chapter 61.
General Standards of Performance
401 KAR 63:001. Definitions for 401 KAR Chapter 63.
Mobile Source-Related Emissions
401 KAR 65:001. Definitions for 401 KAR Chapter 65.
JUSTICE AND PUBLIC SAFETY CABINET:
Department of Corrections:
Office of the Secretary
501 KAR 6:240 & E. Home incarceration using an approved monitoring device. Amy Barker, assistant general counsel, and John Dunn, executive staff advisor, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to change the edition date of the material incorporated by reference; and (2) to amend CPP Policy 25.12 to comply with the drafting requirements of KRS Chapter 13A and to correct typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET:
Office of Budget and Fiscal Management:
Property Acquisition and Uniform Relocation
600 KAR 3:030. Relocation or reconstruction of utility and rail facilities; record keeping and audit requirements. Dana Fugazzi, staff attorney; Jess Zimmerman, audit review specialist; Michael Coffey, audit supervisor; and Jim Wathen, director, represented the agency.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 6, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Highways:
Division of Program Performance:
Professional Engineering and Related Services
600 KAR 6:010. Definitions of terms used in 600 KAR Chapter 6.
In response to questions by Representative Bruce, Mr. Wathen stated the department has about 432 engineers and they performed some of the necessary engineering in-house.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct statutory citations; and (3) to amend Section 1 to define (and use) the statutorily-required terms “engineer” and “engineering-related services” rather than “professional engineer” and “professional engineering and related services”. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:030. Federal requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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.
600 KAR 6:040. Prequalification of firms for professional engineering or related services. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1-6 and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (3) to amend Section 3 to clearly establish the requirements for prequalification, including specifying the contents of the overhead package that is required to be submitted; and (4) to amend Section 8 to incorporate by reference the items included in the overhead package. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:050. Procurement bulletins and advertisement for selection of professional firms for engineering or related services.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and 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.
600 KAR 6:060. Professional Engineering Service Selection Committee.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and 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.
600 KAR 6:065. Pooling of professional engineering or related services.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1, 2, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (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. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:070. Contracting for professional engineering or related services.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 to 4, 7, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; (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 9 to specify that the department shall not be required to pay the demobilization fee (for early cancellation) if the contract is terminated due to criminal, fraudulent, or negligent behavior. Without objection, and with agreement of the agency, the amendments were approved.
600 KAR 6:080. Financial records and audits of firms.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 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.
EDUCATION CABINET:
Board of Education:
Department of Education:
Pupil Transportation
702 KAR 5:010. Pupil transportation: technical assistance and monitoring. Kevin Noland, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
702 KAR 6:100. Appeal procedures for nutrition and health services programs.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 4 to correct statutory citations; and (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. Without objection, and with agreement of the agency, the amendments were approved.
Department for Libraries and Archives:
Field Services Division:
Libraries
725 KAR 2:015. Services and facilities for public libraries. Jim Nelson, state librarian, and Chris Bischoff, state library construction consultant, represented the department.
In response to a question by Representative Bruce, Mr. Nelson stated that the libraries were independent and had their own local boards appointed through the fiscal court.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify the subject matter of the administrative regulation; (2) to amend the RELATES TO paragraph 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; (4) to amend Sections 1 to 9 to comply with the drafting and format requirements of KRS Chapter 13A; (5) to amend Section 1 to add a definition of responsible bidder; (6) to amend Section 2 to correct a citation to the state Standards of Safety and to provide information about how to obtain forms from the American Institute of Architects; (7) to amend Section 3 to require an applicant to complete a Notification of Intent to Apply and to clarify when a late application will be considered; (8) to amend Section 4 to clearly state the criteria for an award of funds; (9) to amend Section 6 to clarify when a local board will be given an extension of time to determine whether to accept an award; (10) to amend Section 8 to clearly state the records retention schedule a grantee must follow; and (11) to amend Section 10 to incorporate by reference the required forms and retention schedule. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET:
Department of Public Protection: Office of Insurance:
Division of Health Insurance Policy and Managed Care:
Health Insurance Contracts
806 KAR 17:021. Repeal of 806 KAR 17:110, 806 KAR 17:120, and 806 KAR 17:205. D.J. Wasson, acting deputy executive director, represented the department.
806 KAR 17:180 & E. Standard health and benefit plan.
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 Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2 to require the filing prior to July 1 rather than within a reasonable time period after May 1. Without objection, and with agreement of the agency, the amendments were approved.
Group and Blanket Health Insurance
806 KAR 18:061. Repeal of 806 KAR 18:060.
CABINET FOR HEALTH AND FAMILY SERVICES:
Department for Medicaid Services:
Medicaid Services
907 KAR 1:170 & E. Reimbursement for home and community based waiver services. Angela Kirkland, director, and Rob Edwards, legislative director, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 5, 9, 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.
907 KAR 1:450. Nurse aide training criteria and registry.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 6 to correct statutory citations; (2) to amend Sections 2, 3, 5, 6, 7, and 11 to comply with drafting and format requirements of KRS Chapter 13A; (2) to amend Section 2 to comply with the federal regulation; (3) to amend Section 3 to specify that one year of experience in long-term care services (rather than in a long-term care facility) is required; and (4) to amend Section 7 to clarify the procedures for administering an examination. Without objection, and with agreement of the agency, the amendments were approved.
Department for Human Support Services:
Division of Aging Services:
Aging Services
910 KAR 1:260. Kentucky Family Caregiver Program. Bill Cooper, Shirley Eldridge, and Marnie Mountjoy represented the department.
Representative Lee stated that he had worked with the department on this issue for six years, sponsored the enabling legislation, and was glad to see the implementation of this program through the promulgation of this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add citations; (2) to amend Section 2 to clarify a grandparent's eligibility requirements; (3) to amend Section 4 to clarify the reporting requirements for a participating district; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Department for Community Based Services:
Division of Policy Development
921 KAR 3:042. Food Stamp Employment and Training Program. Elizabeth Caywood represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 2, 3, 4, 7, 8, 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.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET:
Department of Public Protection:
Kentucky Horse Racing Authority:
Thoroughbred Racing
810 KAR 1:080. International wagering hubs.
Harness Racing
811 KAR 1:010. Associations.
811 KAR 1:015. Race officials.
811 KAR 1:020. Registration and identification of horses.
811 KAR 1:025. Farm or stable name.
811 KAR 1:030. Eligibility and classification.
811 KAR 1:035. Claiming races.
811 KAR 1:040. Stakes and futurities.
811 KAR 1:045. Entries.
811 KAR 1:050. Entries and starters; split races.
811 KAR 1:055. Declaration to start; drawing horses.
811 KAR 1:060. Postponement; rescheduling, purses.
811 KAR 1:065. Starting.
811 KAR 1:075. Racing and track rules.
811 KAR 1:080. Placing; money distribution.
811 KAR 1:085. Conduct of racing.
811 KAR 1:100. Protests.
811 KAR 1:105. Review and appeal.
811 KAR 1:110. Timing and records.
811 KAR 1:130. Security; persons permitted on licensed premises.
811 KAR 1:135. Identification cards and badges.
811 KAR 1:140. Post time; entry number.
811 KAR 1:145. Number of races per program.
811 KAR 1:155. Postponements; decision on.
811 KAR 1:160. Association with undesirables prohibited.
811 KAR 1:171. Repeal of 811 KAR 1:165, 1:170, 1:180 and 1:190.
811 KAR 1:175. Tack inspection.
811 KAR 1:195. Track deductions from wagers.
811 KAR 1:215. Kentucky Standardbred Development Fund.
811 KAR 1:225. Substance abuse by Authority employees and licensees.
CABINET FOR HEALTH AND FAMILY SERVICES:
Department for Community Based Services:
Day Care
922 KAR 2:170 & E. STARS for KIDS NOW Program for Type I licensed child care centers.
The subcommittee adjourned at 11:35 a.m. until November 14, 2006 at 10 a.m. in room