The Administrative Regulation Review Subcommittee was held on Tuesday, March 13, 2007, at 9:30 AM, in Room 154 of the Capitol Annex. Representative Robert R. Damron, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Senators Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Richard Dobson and Angela Robinson, Finance and Administration Cabinet; Nathan Goldman, Board of Nursing; Karen Alexy and Morgain M. Sprague, Department of Fish and Wildlife Resources; Mac Stone and Mark Farrow, Department of Agriculture; Sue Simon, Mindy Yates, Stephen Johnson, Barbara Miller, Richard Nesbitt, Tamela Biggs, Larry Moore, and John M. Rose, Education Cabinet; DJ Wasson, Office of Insurance; John Forgy, Marc Guilfoil and Jamie Haydon, Kentucky Horse Racing Authority; David Gayle, Department for Community Based Services.
LRC Staff: Dave Nicholas, Emily Caudill, Kara Daniel, Emily Harkenrider, Donna Little, Mark Matics, Jennifer Beeler and Ellen Steinberg.
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Inheritance Tax
103 KAR 2:020. Lien on "Qualified Real Estate". Richard Dobson, executive director, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; 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.
103 KAR 2:030. Policies and circulars relating to inheritance tax.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 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.
Sales and Use Tax; Service and Professional Occupations
103 KAR 26:010. Service enterprises in general.
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, 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.
Sales and Use Tax; Miscellaneous Retailer Occupations
103 KAR 27:150. Repairers and reconditioners of personal property.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
103 KAR 27:220. Miscellaneous restaurant transactions.
In response to a question by Co-chair Roeding, Mr. Dobson stated that this administrative regulation was not a new tax requirement. He stated that the policy had previously been published in circulars and restaurants were already aware of it. He stated that the information was transferred to this administrative regulation to keep the information available to the public and in conformity with KRS Chapter 13A.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 2 to 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.
103 KAR 27:230. Automotive body shops and suppliers.
A motion was made and seconded to approve the following amendments: to amend the TITLE, 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.
103 KAR 27:240. Reporting of sales tax relating to equine breeding fees.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Sales and Use Tax, Miscellaneous Retail Transactions
103 KAR 28:010. Admissions.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 28:030. Producing, fabricating, and processing. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 28:141. Repeal of 103 KAR 28:140.
103 KAR 28:170. Sales of dirt and sod.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Sales and Use Tax; General Exemptions
103 KAR 30:140. Energy and energy-producing fuels.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3 to 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.
103 KAR 30:250. Property used in the publication of newspapers.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 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.
103 KAR 30:260. Pollution control facilities exemption.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 30:270. Oil and gas extraction machinery.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 30:280. Sales to water haulers.
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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 30:290. Security lighting.
In response to a question by Senator Tapp, Mr. Dobson stated that this administrative regulation provided guidance on taxation of the provision of security lighting by a utility company. He stated that, as with electricity, security lighting for a residential customer was tax exempt but security lighting for commercial accounts was subject to sales tax.
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.
Sales and Use Tax; Administration and Accounting
103 KAR 31:111. Sales and purchases for resale.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 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.
Selective Excise Tax; Cigarettes
103 KAR 41:140. Circular relating to cigarette licenses and taxes.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 41:150. Cigarette subjobber licenses.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Section 1 to clarify the definition of “retail location”; and (3) to amend Section 3 to specify that a subjobber shall not have cigarettes delivered directly to the retailer by the wholesaler on his behalf. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 41:160. Unstamped cigarettes damaged in transit.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Selective Excise Tax; Motor Fuels
103 KAR 43:320. Policies and circulars relating to motor fuels taxes.
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 Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 43:330. Measurement of compressed natural gas (CNG) in gallons.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:090. Policies and circulars relating to motor vehicle usage tax.
In response to a question by Co-chair Roeding, Mr. Dobson stated that this administrative regulation rescinded policies and circulars that were repetitive of existing law. He stated that it did not change the taxes that were levied.
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 1 to 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 44:100 & E. Procedures for refund based on vehicle condition.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 1 to specify the documentation requirements for verifying a vehicle’s condition. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 44:120. Incorrect statement of origin.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to specify that the administrative regulation also governs an incorrect certificate of title; (2) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Selective Excise Tax; Miscellaneous
103 KAR 45:015. Circular relating to the legal process tax and the Spouse Abuse Shelter Fund.
In response to a question by Co-chair Roeding, Mr. Dobson stated that a portion of the legal processing fees collected by county clerks was earmarked for the spouse abuse fund. He stated that this administrative regulation did not change that policy but rescinded a circular that was repetitive of existing law and that violated KRS Chapter 13A.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:163. Standards for approved evaluators. Nathan Goldman, general counsel, represented the board.
201 KAR 20:225. Reinstatement of license.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
In response to a question by Co-chair Roeding, Mr. Goldman stated that many students in nursing graduate programs were not awarded scholarships despite a need for nurses with graduate degrees. He stated that this administrative regulation changed the formula used to award scholarships in an effort to more evenly distribute scholarship funds.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:049. Small game and furbearer hunting on public areas. Morgain Sprague, general counsel; and Karen Alexy, acting director, represented the department.
In response to a question by Senator Tapp, Ms. Sprague stated that the department’s administrative regulations were always reviewed by the Department of Fish and Wildlife Resources Commission before being filed with the regulations compiler.
301 KAR 2:081. Transportation and holding of native wildlife.
301 KAR 2:082. Transportation and holding of exotic wildlife.
301 KAR 2:084. Importation of game birds.
A motion was made and seconded to approve the following amendment: to amend Section 2 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.
DEPARTMENT OF AGRICULTURE: Marketing and Product Promotion
302 KAR 39:020 & E. Kentucky Small Farm Wineries Support Fund. Mac Stone, director, represented the department.
In response to questions by Senator Tapp, Mr. Stone stated that fund distribution applications had been accepted and the first council meeting was scheduled. He stated the response by distributors had been lukewarm but that relationships were being built. He stated the department had sent monthly newsletters and held open council meetings to raise awareness about the program. He stated that most active wineries have applied.
In response to a question by Co-chair Roeding, Mr. Stone stated that the department was confident it could enhance the distribution system and work through differences through activity and communication.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 and 2 to correct statutory citations; and (2) amends Sections 1, 2, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Office of Vocational Rehabilitation: Administration
781 KAR 1:020. General provisions for operation of the office of vocational rehabilitation. Sue Simon, attorney; and Mindy Yates, program evaluator, represented the office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 5, 6, 8, and 10 to 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
781 KAR 1:040. Rehabilitation technology services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 2 and 3 to more clearly specify the requirements relating to coverage of vehicle modifications. Without objection, and with agreement of the agency, the amendments were approved.
Office for the Blind: Department for the Blind
782 KAR 1:010. Federal vocational rehabilitation program. Barbara Miller, Director of Consumer Services; Richard Nesbitt, Director of Kentucky Business Enterprises; and Sue Simon, attorney, represented the department.
In response to questions by Co-chair Roeding, Mr. Nesbitt stated that Kentucky Business Enterprises trains blind individuals to operate food service businesses and establishes them in federal and state buildings across Kentucky. Some of the locations include the capitol and annex, post offices, federal prisons, Kentucky State University, and nine technical colleges in Kentucky.
A motion was made and seconded to approve the following amendments: (1) to amend the title to reflect that this administrative regulation relates specifically to the Kentucky Business Enterprises; and (2) to amend Sections 1, 2, 3, 7, 8, 9, 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.
782 KAR 1:020. Definition of terms for 782 KAR Chapter 1.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
782 KAR 1:030. Scope and nature of services.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 9, 11 to 14, 19, and 20 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
782 KAR 1:051. Repeal of 782 KAR 1:050.
Department for Workforce Investment: Unemployment Insurance
787 KAR 1:020. Change of status; discontinuance of business. Larry Moore, policy analyst; Tamela Biggs, counsel; and John Rose, assistant director, represented the department.
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 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.
787 KAR 1:030. Employer contributions.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
787 KAR 1:050. Social Security number required of employees.
In response to questions by Senator Tapp, Mr. Moore stated that this package of administrative regulations was being updated to reflect the government’s reorganization and that the changes in this administrative regulation were not substantive. He stated that social security numbers had long been required.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:060. Separation for cause; reports.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
787 KAR 1:070. Reasonable time for protesting claim.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
787 KAR 1:080. Labor dispute or strike; notification.
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 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.
787 KAR 1:090. Unemployed worker's reporting requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 3 to clearly establish the process for claiming benefits; and (4) to amend Section 4 to clearly establish the requirements for when an employer may file a claim on behalf of unemployed workers. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:110. Appeals.
In response to questions by Representative Ford, Mr. Moore stated that after a claim is filed, either party could file a protest which resulted in a formal determination. That determination could be appealed to a referee in the appeals branch. The referee’s decision could be appealed to the commissioner. Any additional appeals would have to be filed in court. He stated that there was no provision for recovery of costs and attorney’s fees if the employee prevailed.
In response to a question by Representative Damron, he stated that a statutory change would be necessary to award costs and attorney’s fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 to 5 to: (a) clearly establish the appeals process; 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.
787 KAR 1:140. Unemployment insurance fund payments.
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 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.
787 KAR 1:150. Interstate claimants.
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 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:170. Cash value of board and lodging, board and lodging provided for convenience of employing unit.
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 the TITLE and 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.
787 KAR 1:180. Employer's records.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
787 KAR 1:190. Recoupment and recovery.
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 Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:210. Employer contribution rates.
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 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.
787 KAR 1:220. Required reports and due dates.
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, 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.
787 KAR 1:230. Date of receipt of documents defined.
A motion was made and seconded to approve the following amendment: to amend Section 2 to use the word “contractor” rather than “agent” to appropriately identify the contracted relationship with the department. Without objection, and with agreement of the agency, the amendment was approved.
787 KAR 1:240. Fraud disqualifications.
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 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.
787 KAR 1:250. Release of notice of levy.
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 Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:260. Voluntary election of coverage.
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, 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.
787 KAR 1:270. Covered employment.
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 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:300. Successorship.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
787 KAR 1:310. Claimant profiling.
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 and 2 to: (a) establish the profiling system required by KRS 341.350(2)(b) to be used to determine if an unemployment claimant is likely to exhaust benefits; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Health Insurance Contracts
806 KAR 17:480. Uniform evaluation and reevaluation of providers. D.J. Wasson represented the office.
In response to a question by Co-chair Roeding, Ms. Wasson stated this administrative regulation incorporates the form a provider must fill out to participate in the insurers’ network and provide information to the health care facility.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to change the date of the material incorporated by reference; and (2) to amend the material incorporated by reference to clarify the language to be consistent with the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Horse Racing Authority: Harness Racing
811 KAR 1:045. Entries. John Forgy, counsel; Marc Guilfoil, director of standardbred racing; and Jamie Haydon, director of the Kentucky Breeders’ Incentive Fund represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4 and 7 to add citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 5, 7, 9, 10, 12, 13, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:055. Declaration to start; drawing horses.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; (2) to amend Section 1 to clarify when a horse may be added to a race: (3) to amend Sections 1 and 8 to list the circumstances under which a horse may be withdrawn from a race; (4) to amend Section 7 to state when a judge will approve a substitute driver; (5) to amend Section 11 to delete subsections (2) and (3) regarding fines against associations and unlicensed persons; and (6) to amend Sections 1, 2, 3, 4, 6, 7, 8 and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:100. Protests.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 through 6 and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 10 to add the title of the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:110. Timing and records.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 7, and 8 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (2) to amend Section 1 to clarify the number and types of timers that must be used. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:171. Repeal of 811 KAR 1:165, 1:170, 1:180 and 1:190.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Section 1 to also repeal 811 KAR 1:135, 1:145, 1:155, 1:160, 1:175, and 1:195. Without objection, and with agreement of the agency, the amendments were approved.
Quarter Horse, Appaloosa, and Arabian Racing
811 KAR 2:120 & E. Kentucky Horse Breeders' Incentive Fund.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1-6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 2 to change the registration period from two to three years; and (3) to amend Section 2 to set the original filing deadline for March 31, 2007. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. David Gayle, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) to amend Sections 12 and 14 to correct typographical errors. 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:
PERSONNEL CABINET: Classified
101 KAR 2:210 & E. Summary Plan Descriptions for the Public Employee Health Insurance Program.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:122. Hunting seasons, methods, and limits for small game.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:040. Laboratory certification.
401 KAR 8:070. Public notification.
401 KAR 8:075. Consumer confidence reports.
401 KAR 8:150. Disinfection, filtration, and recycling.
401 KAR 8:160. Enhanced filtration and disinfection for large systems serving at least 10,000 people.
401 KAR 8:162. Enhanced filtration and disinfection for small systems serving less than 10,000 people.
401 KAR 8:250. Inorganic chemical sampling, analytical techniques and maximum contaminant levels.
401 KAR 8:501. Repeal of 401 KAR 8:500.
401 KAR 8:510. Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors.
401 KAR 8:550. Radionuclides.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:080. International wagering hubs.
Harness Racing
811 KAR 1:035. Claiming races.
811 KAR 1:075. Racing and track rules.
811 KAR 1:085. Conduct of racing. John Forgy, counsel; Marc Guilfoil, director of standardbred racing; and Jamie Haydon, director of the Kentucky Breeders’ Incentive Fund, represented the authority.
In response to questions by Representative Damron and Senator Tapp about the prohibition of firearms on association grounds, Mr. Forgy stated that firearms had never been permitted at the back of a racetrack and that some security was provided. Mr. Forgy stated the authority would reconsider the provision and requested that this administrative regulation be deferred until the next meeting. Without objection and with agreement of the subcommittee, this administrative regulation was deferred.
811 KAR 1:090. Medication; testing procedures; prohibited practices.
811 KAR 1:095. Disciplinary Measures and Penalties.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Radiation Operators Certification
902 KAR 105:040. General radiation operator requirements.
902 KAR 105:061. Repeal of 902 KAR 105:060.
902 KAR 105:070. Violations and endorsement.
Department for Medicaid Services: Medicaid Services
907 KAR 1:160 & E. Home and community based waiver services.
Payment and Services
907 KAR 3:183 & E. Instate inpatient hospital special reimbursement.
The subcommittee meeting adjourned at 10:20 p.m. until April 10, 2007 at 10:30 a.m.