Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> July Meeting

 

<MeetMDY1> July 9, 2007

 

The<MeetNo2> July meeting of the Administrative Regulation Review Subcommittee was held on<Day> Monday,<MeetMDY2> July 9, 2007, at<MeetTime> 9:00 AM, in<Room> Room 149 of the Capitol Annex. Representative Robert R. Damron, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford and Ron Weston.

 

Guests: Carla Hawkins, Thomas B. Stephens, Personnel Cabinet; Beau Barnes, Teachers' Retirement System; Michael Burleson, Kentucky Board of Pharmacy; Michael Rodman, C. Lloyd Vest, Kentucky Board of Medical Licensure; Norman Brown, Lee Harris, Jerry McMahan, Kentucky Real Estate Commission; David Cox, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Board of Nursing; Becky Klusch, Donna Sims, Board of Physical Therapy; Larry Disney, Jim Grawe, Kentucky Real Estate Appraisers Board; Ken Mitchell, Joel Schrader, Office of the 911 Coordinator; Morgain Sprague, Darren Moore, Department of Fish and Wildlife Resources; Karen Howard, Mavis McCowan, Trena Rogers, Department of Corrections; Rick Kurtz, Department of State Police; Steve Lynn, Kentucky Law Enforcement Council; Susan Bush, Mike Hanes, Department for Natural Resources; James Acquisto, Leah Boggs, Allen Wagers; Office of Charitable Gaming; Ed Monahan, Catholic Conference of Kentucky; Shane O'Donley, Cabinet for Health and Family Services.

 

LRC Staff: Dave Nicholas, Donna Little, Kara Daniel, Emily Harkenrider, Emily Caudill, Jennifer Beeler and Ellen Steinberg.

 

The Administrative Regulation Review Subcommittee met on July 9, 2007 and submits this report:

 

Administrative regulations reviewed by the Subcommittee:

 

PERSONNEL CABINET: Classified

 

101 KAR 2:046. Applications, qualifications and examinations. Carla Hawkins, commissioner, and Thomas Stephens, executive director, represented the cabinet.

 

In response to questions by Co-Chair Roeding, Ms. Hawkins stated that an individual who took a test through the cabinet for a state job immediately learned his score, but could not learn his ranking until the application period had closed. An agency was required to hire out of the top five but was not required to hire in order of the scores.

 

Mr. Stephens stated that there are approximately 1400 different state job classifications  and only about ten  percent of the positions required the applicant to take a test to qualify.

 

Ms. Hawkins stated that all open positions were posted on the cabinet’s Website and that a new system to be implemented in the fall would provide more specific information about available jobs and would allow potential applicants to register to receive email alerts when new jobs were posted. It would also allow applicants to apply from home after business hours. She stated that the cabinet has communicated with the Department for Libraries and Archives to raise awareness about the Website through the state’s libraries.

 

In response to questions by Co-Chair Damron, Ms. Hawkins stated that the percentage of state jobs that required applicants to take a test may have been higher under previous administrations but that the cabinet had been gradually moving away from tests prior to the current administration. She stated that tests were potentially another barrier for applicants and there was concern that the tests only evaluated an applicant’s skill at taking tests and had resulted in small applicant pools with few applicants who were veterans.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 5, 8, and 12 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 12 to incorporate by reference the required application form. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 2:056. Registers.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 8 to incorporate by reference the required application form. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 2:066. Certification and selection of eligibles for appointment.

 

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 and  2 to use the term “eligible applicant” instead of “eligibles”; 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.

 

TEACHERS' RETIREMENT SYSTEM: General Rules

 

102 KAR 1:030. Substitute teachers and nonuniversity, noncommunity college part-time members. Beau Barnes, deputy executive secretary of operations, represented the agency.

 

In response to a question by Co-Chair Roeding, Mr. Barnes stated that allowing members to purchase service credit incurred no cost to the retirement system.

 

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 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.

 

102 KAR 1:036. Part-time service for university, college, and community college members.

 

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 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.

 

102 KAR 1:038. Fractional service year for members initially employed on a full-time basis.

 

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 to 6 to reformat the requirements and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

GENERAL GOVERNMENT: Kentucky Board of Pharmacy: Board

 

201 KAR 2:250. Pharmacist Recovery Network Committee. Mike Burleson, executive director, represented the board.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, and 5 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Kentucky Board of Medical Licensure: Board

 

201 KAR 9:460. Written Plan. Lloyd Vest, general counsel, and Mike Rodman, assistant executive director, represented the board.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Kentucky Real Estate Commission: Real Estate Commission

 

201 KAR 11:220. Errors and omissions insurance requirements. Norman Brown, executive director; Lee Harris, general counsel; and Jerry McMahan, chair, represented the commission.

 

In response to a question by Senator Tapp, Mr. Brown stated that this administrative regulation lowered the minimum requirements for coverage because the commission had previously set the required insurance limits too high and, as a result, many real estate agents could not obtain coverage.

 

Kentucky State Board of Licensure for Professional Engineers and Land Surveyors: Board

 

201 KAR 18:040. Fees. David Cox, executive director, represented the board.

 

Board of Nursing: Board

 

201 KAR 20:070 & E. Licensure by examination. Nathan Goldman, general counsel, represented the board.

 

In response to questions by Co-Chair Damron, Mr. Goldman stated that the Nurse Licensure Compact was effective in 22 states and that the National Council of State Boards of Nursing had been involved in efforts to get other states to enact the compact, although the board had not.

 

201 KAR 20:370. Applications for licensure and registration.

 

201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.

 

Board of Physical Therapy: Board

 

201 KAR 22:020. Eligibility and credentialing procedure. Becky Klusch, executive director, represented the board.

 

201 KAR 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or a physical therapist assistant.

 

In response to a question by Co-Chair Roeding, Ms. Klusch stated that this administrative regulation was eliminating inactive status from the licensing categories because that category allowed individuals to remain on inactive status for many years and return to active status after obtaining only two years of continuing education.  Without inactive status, an individual could only let his or her license lapse for three years before obtaining continuing education and returning the license to active status.

 

Kentucky Real Estate Appraisers Board: Board

 

201 KAR 30:180. Distance education standards. Larry Disney, executive director, and Jim Grawe, general counsel, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 9 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Sections 4 and 5 to correct citations; (3) to amend Section 7 to correct the titles of forms; and (4) to amend Section 9 to incorporate a new form by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

KENTUCKY OFFICE OF HOMELAND SECURITY: Office of the 911 Coordinator: Commercial Mobile Radio Service Emergency Telecommunications Board: Board

 

202 KAR 6:020. CMRS carrier cost recovery. Ken Mitchell, executive director, and Joel Schrader, deputy director for intergovernmental affairs, represented the board.

 

In response to a question by Co-Chair Roeding, Mr. Mitchell stated that a public safety answering point is the term used for the local 911 call centers.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2 and 9 to correct statutory citations; (2) to amend the TITLE, and Sections 1 to 7, 9, 15, and the material incorporated by reference to replace the term “carrier” with the statutory term “provider”; (3) to amend Section 3 to clarify the requirements imposed if a provider chooses an alternate reporting period for its recurring costs; (4) to amend Section 8 to clarify that costs other than those listed must be attributable to E911 call completion and approved by the board in order to be recoverable; (5) to amend Section 15 to update the edition date of the material incorporated by reference; and (6) to amend Sections 3, 5, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

202 KAR 6:030. Confidential and proprietary information.

 

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 Section 1 to delete superfluous language; (2) to amend Sections 1 and 2 to use statutory terms; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 and 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.

 

202 KAR 6:060. PSAP pro rata fund disbursement.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

202 KAR 6:070. PSAP Workload Fund disbursement.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 4 to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to insert an omitted word; (3) to amend Section 1 to clarify an acronym; (4) to amend Section 2 to delete repetitive language and to clarify when a list of zip codes in a PSAP’s jurisdiction is to be submitted to the PSAP and how the allocation of zip code areas to a PSAP is made; and (5) to amend the TITLE and Sections 2 and 4 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

202 KAR 6:100. PSAP Phase II certification.

 

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 7 to correct statutory citations; (2) to amend Section 2 to use a statutory term; (3) to amend Section 4 to clarify how testing of PSAPs’ mapping will be conducted; (4) to amend Section 8 to update the edition date of the table incorporated by reference; and (5) to amend Sections 2 to 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.

 

COMMERCE CABINET: Department of Fish and Wildlife Resources: Licensing

 

301 KAR 5:030. Purchasing licenses and obtaining replacement licenses. Morgain Sprague, general counsel, and Darin Moore, administrative services director, represented the department.

 

In response to a question by Senator Ford, Mr. Moore stated that the department had considered expanding the disability license to other state retirees but that bills authorizing the expansion did not pass during the recent sessions of the General Assembly. He stated he did not know what it would cost to expand it but would look at that issue in preparation for the next regular session of the General Assembly.

 

In response to a question by Senator Tapp, Mr. Moore stated the fee for a replacement license was increased to five dollars to make it consistent with other fees, and to cover the costs incurred by the department to verify the license and issue the replacement.

 

JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary

 

501 KAR 6:020. Corrections policies and procedures. Karen Howard, attorney; Mavis McCowan, home incarceration and offender reentry program manager; and Trena Rogers, procedures development coordinator, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 and various policies and procedures to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

501 KAR 6:030. Kentucky State Reformatory.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add policy 02-00-13 Inmate Canteen Committee and to correct various policy titles; (2) to amend policy 02-00-03 regarding disbursements from inmate accounts to correct a drafting error and clarify that legal filing fees will be processed like other fund requests; and (3) to amend Section 1 and various policies and procedures to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

501 KAR 6:070. Kentucky Correctional Institution for Women.

 

In response to a question by Representative Ford, Ms. Howard stated that one state institution was already smoke-free and the transition had gone well.  She stated the institution transitioned to the policy gradually and offered smoking cessation classes to inmates. Ms. Rogers stated that several federal institutions were already smoke-free and more would soon be.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to update the edition date of the material incorporated by reference; and (2) to amend policy 09-13-01 to correct a typographical error. Without objection, and with agreement of the agency, the amendments were approved.

 

501 KAR 6:240. Home incarceration using an approved monitoring device.

 

In response to a question by Co-Chair Roeding, Ms. McCowan stated that inmates on home incarceration were monitored by the Division of Probation and Parole and that inmates had to get prior approval before engaging in recreational or other non-work activities.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to update the edition date of the material incorporated by reference; and (2) to amend CPP 25.12 to: (a) delete language that repeated a statute; (b) add an arrest for a misdemeanor or felony as a violation of the home incarceration program; (c) clarify the duties of the Probation and Parole Officer in the event of an escape from home incarceration; and (d) to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of State Police: Polygraph

 

502 KAR 20:020. Examiners. Karen Howard, attorney, and Richard Kurtz, polygraph program manager, represented the department.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to broaden the definition of “sex crime”; (2) to amend Section 4 to restore language that was deleted in error and to correct the subparagraph numbering; (3) to amend the TITLE and Section 4 to clarify the subject matter of the administrative regulation; (4) to amend Section 3 to clarify that completion of fewer than three (3) charts will be recorded as “no opinion”; and (5) to amend Sections 1 to 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. 

 

Kentucky Law Enforcement Council: Council

 

503 KAR 1:170. Career Development Program. Steve Lynn, general counsel, represented the council.

 

In response to a question by Senator Tapp, Mr. Lynn stated that the program was paid for in part by the Kentucky Law Enforcement Foundation Fund but that individual officers or their agencies paid for the training they received.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; (2) to amend Section 3 to list the titles of the forms incorporated by reference and clarify that an applicant must complete the appropriate form; (3) to amend Sections 8, 10, and 21 to ensure that the names of the career step certificates and the titles of corresponding application forms incorporated by reference are consistent; (4) to amend Section 21 to update the edition dates of forms incorporated by reference; and (5) to amend Sections 3, 5, 6, 7, 8, 10 to 14, 17, and 18 to comply with the drafting and formatting 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: Department for Natural Resources: Drugs Workplace Certification

 

805 KAR 11:001. Definitions for 805 KAR Chapter 11. Susan Bush, commissioner, and Mike Haines, general counsel, represented the department.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct statutory citations; (2) to amend the STATUTORY AUTHORITY paragraph and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; 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.

 

805 KAR 11:010. Requirements for application for certification of drug-free workplace.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the STATUTORY AUTHORITY paragraph and Section 3 to correct 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.

 

805 KAR 11:020. Requirements for certification of drug-free workplace.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Sections 1 and 3 to specify that a return receipt or envelope shall be proof of acceptance of notification from the Office of Mine Safety and Licensing; (5) to amend Section 2 to: (a) clarify that "The Mine Safety and Health Administration Form 5000-23" shall serve as verification of attendance at the training program; and (b) establish requirements pertaining to reasonable suspicion testing; and (6) to amend Sections 2 and 6 to correct the title of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

Office of Charitable Gaming: Charitable Gaming

 

820 KAR 1:001. Definitions for 820 KAR Chapter 1. Jim Acquisto, assistant executive director; Allen Wagers, director; and Leah Cooper Boggs, assistant director, represented the office. Ed Monahan, executive director of the Catholic Conference of Kentucky, also appeared in support of the administrative regulations.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS 13A.222(4)(e) and to insert an omitted word. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:015. Issuance of annual license for a charitable organization.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend Sections 3, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 4 to specify that the request to change the date, time, or location of a gaming session: (a) has to be submitted at least ten (10) days in advance; and (b) may be hand-delivered. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:025. Financial reports of a licensed charitable organization.

 

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 2, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:029. Facility licensees.

 

820 KAR 1:032. Pulltab construction.

 

A motion was made and seconded to approve the following amendments: to amend Sections 5 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:036. Pulltab rules of play.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4, 6, and 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 7 to provide that the form numbers on the winning ticket and the seal card need to match before a cumulative prize pool may be awarded. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:046. Bingo rules of play.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1 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.

 

820 KAR 1:050. Raffle standards.

 

A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:055. Charity fundraising event standards.

 

A motion was made and seconded to approve the following amendments: to amend Sections 4 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:056. Special limited charity fundraising event standards.

 

820 KAR 1:057. Accurate records.

 

A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:058. Gaming Occasion Records.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 6 and 7 to delete the requirement that the specified event records include the printed name and signature of each person responsible for the event records. Without objection, and with agreement of the agency, the amendments were approved.

 

820 KAR 1:120. Allowable expenses.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Division of Certificate of Need: Certificate of Need

 

900 KAR 6:050. Certificate of need administrative regulation. Shane O’Donley, director, represented the division.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 8(2) to delete the proposed language that would have authorized the Division of Certificate of Need to grant nonsubstantive review status to an application for which a CON is required if the proposal involved an application by an existing licensed hospital to add to its existing acute care bed inventory, and the requirements established in that section were met; (2) to amend Sections 1, 6, 8, 10, 16, 17, 18, 20, 27, and 28 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 16 to: (a) delete language prohibiting a health facility established without a CON from requesting a public hearing as an affected person, to comply with KRS 13A.120(2)(1), 216B.015(3), 216B.020(2)(a), and 216B.085; and (b) specify that the hearing shall conclude when the additional information is filed or at the end of the designated time period, whichever occurs first. 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:

 

EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation

 

702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.

 

Exceptional and Handicapped Programs

 

707 KAR 1:280. Definitions.

 

707 KAR 1:290. Free appropriate public education.

 

707 KAR 1:300. Child find, evaluation, and reevaluation.

 

707 KAR 1:310. Determination of eligibility.

 

707 KAR 1:320. Individual education program.

 

707 KAR 1:331. Repeal of 707 KAR 1:330, Comprehensive system of personnel.

 

707 KAR 1:340. Procedural safeguards and state compliant procedures.

 

707 KAR 1:350. Placement decisions.

 

707 KAR 1:360. Confidentiality of information.

 

707 KAR 1:370. Children with disabilities enrolled in private schools.

 

707 KAR 1:380. Monitoring and recovery of funds.

 

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: Division of Hospital and Provider Operations: Payment and Services

 

907 KAR 3:005. Physicians' services.

 

907 KAR 3:010. Reimbursement for physicians' services.

 

The subcommittee adjourned until August 14, 2007 at 10 a.m.