The Administrative Regulation Review Subcommittee met on Tuesday, September 11, 2007, at 10:00 AM, in 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: 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: Colonel Judy Greene-Baker, Julius Besthold, Steven Bullard, Steve Engels, Department of Military Affairs; Eric Clark, Kentucky Board of Dentistry; Karen Greenwell, Noel Record, Virginia Record, Kentucky Board of Barbering; Nathan Goldman, Patricia Spurr, Kentucky Board of Nursing; Ellen Benzing, Cheryl Hatcher, Rhonda Nix, Department of Tourism; Gerard Buynak, Morgain Sprague, Kentucky Department of Fish and Wildlife Resources; Dana Fugazzi, Karen Howard, Transportation Cabinet; Kevin Brown, Brigid DeVries, Julian Tackett, Kentucky Board of Education; Gregory Friend, Julie McPeak, Melinda Shepard, Kentucky Office of Insurance; Joni Cracraft, Christine Atkinson, Guy Delius, Vanessa Breeding, Dewey Crawford, Cabinet for Health and Family Services; Andrea Conruelle, Radiologic Technologists; Charles Coulston, Cybil Nielsen, Kentucky Society of Nuclear Medicine Technologists; Bart Baldwin, Children's Alliance.
LRC Staff: Dave Nicholas, Donna Little, Kara Daniel, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, Laura Napier, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday, September 11, 2007 and submits this report:
Other business:
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. Brigid DeVries, commissioner; and Julian Tackett, assistant commissioner, represented the Kentucky High School Athletic Association. Kevin Brown, assistant general counsel, represented the department.
Subcommittee staff stated that this administrative regulation, which was found to be deficient by the subcommittee at its August meeting, was amended at the September meeting of the Interim Joint Committee on Education to remove the language that had prompted the subcommittee’s finding of deficiency. The Board of Education requested that the subcommittee reconsider and remove its finding of deficiency, as authorized by KRS Chapter 13A.
In response to questions by Representative Weston, Ms. DeVries stated that there remained a provision in the administrative regulation that would make middle school children ineligible for sports for one year if they played high school sports while in middle school and then attended a different high school.
In response to questions by Representative Lee, Ms. DeVries stated that the provision was intended to reduce the climate for recruitment so that there would be no benefit to a student who changed schools because of athletics. She stated that the board addressed situations involving recruiters as it learned about them. She stated that the association used a transfer form when students changed schools.
In response to questions by Representative Weston, Ms. DeVries stated that the board had a small staff but that it did the best it could to address allegations of recruitment.
Mr. Tackett stated that the board may need assistance to be able to pursue allegations against district employees because the board had little authority over them. He stated that the provision regarding the eligibility of middle school students who played high school sports would become effective during a later year so there was time to modify it. He stated that the subcommittee’s concerns would be relayed to the board members.
Representative Weston and Co-chair Roeding asked the board to avoid penalizing students and to reconsider the provision regarding middle school students who play high school sports.
Co-chair Damron stated that the board should understand that members of the General Assembly were passionate about this issue and that the General Assembly could stop the board from acting and replace the board with another organization. He stated that the board had six months to work on the issue and that if no changes were made, the subcommittee would recall this administrative regulation for review.
A motion was made and seconded to remove the finding of deficiency for this administrative regulation and upon a roll call vote of seven yeas to zero nays, the finding of deficiency was removed.
Administrative regulations reviewed by the Subcommittee:
DEPARTMENT OF MILITARY AFFAIRS: Military Family Assistance Trust Fund Board:
Veterans' Program Trust Fund
106 KAR 2:020 & E. Military Family Assistance Trust Fund. Colonel Judy Greene-Baker, president, represented the board. Brigadier General Julius Besthold, executive director; and Captain Steve Engels, policy analyst, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; (2) to amend Section 2 to specify that an application may be filed by the service member or the service member’s resident spouse, to comply with KRS 36.474(2); (3) to amend Section 3 to clarify that the: (a) grant award limits included grants awarded to the service member and the family of a service member; (b) board may grant an exemption to the established limits if there is a catastrophic event or at least a twenty-five (25) percent loss of annual income caused by the deployment; and (c) applicant shall submit appropriate documentation to verify financial need and other assistance; and (4) to amend Section 4 to comply with the drafting requirements of KRS 13A.2251. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Kentucky Board of Dentistry: Board
201 KAR 8:220. Clinical examinations. Eric Clark, executive director, represented the board.
In response to a question by Senator Tapp, Mr. Clark stated the passing score for licensure was previously 75 percent overall and this change would require a score of 75 percent on each section.
In response to a question by Co-chair Roeding, Mr. Clark stated that the CSW computer simulation examination related to periodontal and prosthodontal placement. It was not included in the Northeast Regional Board or Central Regional Dental Testing Services exams and so would need to be taken as an additional exam.
Kentucky State Board of Barbering: Board
201 KAR 14:050. Apprentice's license; qualifications. Karen Greenwell, administrator; and Noel Record, chairman, represented the board.
In response to a question by Senator Tapp, Ms. Greenwell stated that an extension to apply for a license would be allowed for reasons such as illness, death of a family member, undue hardship, or caring for an ill family member.
In response to a question by Co-chair Roeding, Ms. Greenwell stated that the nine (9) month apprenticeship had not changed and there was no ending time by which the exam must be taken.
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; and (2) to amend Sections 1 and 3 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 Nursing: Board
201 KAR 20:251. Repeal of 201 KAR 20:250, 201 KAR 20:300 and 201 KAR 20:330. Nathan Goldman, general counsel; and Patricia Spurr, education consultant, represented the board.
201 KAR 20:280. Standards for initial approval of prelicensure registered nurse and practical nurse programs.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 4 to comply with the formatting and drafting requirements of KRS Chapter 13A. 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: to amend Sections 1 through 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.
201 KAR 20:320. Standards for curriculum of prelicensure nursing programs.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:340. Students in prelicensure registered nurse and practical nurse programs.
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 to clearly state the necessity for and function served by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:350. Educational facilities and resources for prelicensure registered nurse and practical nurse programs.
A motion was made and seconded to approve the following amendments: to amend: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) Section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:450. Alternative program.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 7 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET: Department of Tourism: Department of Travel Development
300 KAR 1:010. Procedure for Regional Marketing and Matching Funds Program. Ellen Benzing, general counsel; Cheryl Hatcher, deputy commissioner; and Rhonda Nix, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend Section 1 to insert a definition for "familiarization trip" and to clarify the definitions related to promotional projects; (3) to amend Sections 1, 3 through 6, and 8 through 13 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 6 to specify a minimum font size for maps in brochures; (5) to delete Section 7 since the subject matter has been inserted into Section 2 to clarify the requirements for reimbursement distribution; (6) to amend Sections 3, 7 through 10, and 13 to correct the titles of material incorporated by reference and to insert references to material incorporated by reference; (7) to amend Section 13 to include a Web site address where material incorporated by reference is maintained; and (8) to amend six (6) documents incorporated by reference to reflect changes resulting from amendment of the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Department of Fish and Wildlife Resources: Fish
301 KAR 1:015. Boats and motor restrictions. Gerard Buynak, assistant director of fisheries; and Morgain Sprague, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:201. Recreational fishing limits.
In response to a question by Representative Ford, Mr. Buynak stated that daily limits were reduced on Laurel Lake in response to an angler attitude survey and that it was intended to help maintain trophy sized fish in Laurel Lake.
301 KAR 1:410. Taking of fish by other than traditional fishing methods.
In response to a question by Co-chair Roeding, Mr. Buynak stated that bow fishing was being prohibited because that change had been requested and that trout were covered by another administrative regulation. It was intended to help maintain the Cumberland River as a high quality trout fishery.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:025. Transporting hazardous materials by air or highway. Dana Fugazzi, staff attorney, represented the cabinet. Karen Howard, attorney, represented the Justice Cabinet.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Office of Insurance: Life Insurance Division: Assets And Liabilities
806 KAR 6:120. Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities. Julie McPeak, executive director; Greg Friend, director; and Melinda Shepard, assistant director, represented the office.
In response to a question by Representative Lee, Ms. McPeak stated that the office was trying diligently to transfer information electronically to notify local authorities about individuals whose automobile insurance had expired. She stated she would find out how much of a delay there was.
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 through 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 3 to incorporate the mortality tables by reference. Without objection, and with agreement of the agency, the amendments were approved.
Trade Practices and Frauds
806 KAR 12:120. Suitability in Annuity Transactions.
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 through 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.
806 KAR 12:140. Life Insurance Illustrations.
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 through 13 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 6 to establish a deadline for the submission of documentation pertaining to insurance policy marketing materials and whether or not those marketing materials include an illustration; (4) to amend Section 12 to clarify that an illustration actuary who discovers an error in a previous certification or who is unable to certify the scale for a policy shall notify the board of directors and the executive director within thirty (30) days of discovery of the error or the inability to certify; and (5) to incorporate the "Actuarial Standard of Practice No. 24, Compliance with the NAIC Life Insurance Illustrations Model Regulation" by reference. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 12:150. Annuity Disclosures.
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; (3) to amend Sections 1 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to incorporate "The Life Insurance and Annuity Buyer's Guide, Commonwealth of Kentucky" by reference. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 12:160. Standards for Accelerated Death Benefits.
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; (3) to amend Sections 1 through 7, 9 through 11, 13, and 14 to comply with the drafting and format requirements for KRS Chapter 13A; and (4) to amend Section 3 to correct a cross reference citation. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 12:170. Life Insurance Disclosures.
In response to a question by Co-chair Damron, Ms. McPeak stated that this administrative regulation may be an appropriate one to amend in the future to include requirements that insurers provide a disclosure that a violation of insurable interest laws was a violation of state law that could invalidate the policy.
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 through 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Insurance Contract
806 KAR 14:005. Rate and Form Filing for Life Insurers.
In response to a question by Co-chair Damron, Ms. McPeak stated that the office was switching to a single transmittal document to replace three forms and comply with the interstate compact.
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, 4, 7, 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.
Life Insurance and Annuity Contracts
806 KAR 15:060. Universal Life Insurance.
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 insert a new definition for "guaranteed maturity premium for fixed premium universal life insurance policies" and to clarify the definition for "universal life insurance policy"; and (3) to amend Sections 1 through 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.
806 KAR 15:070. Annuity Nonforfeiture.
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 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to insert a new Section 2 to clarify the requirements pertaining to rates and methods for determining rates. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Division of Certificate of Need: State Health Plan
900 KAR 6:030. Certificate of need expenditure minimums. Joni Cracraft represented the division.
Office of Inspector General: Division Of Public Protection and Safety: Food and Cosmetics
902 KAR 45:075. Tanning facilities. Guy Delius, assistant director; and Christine Atkinson represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 2 through 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 45:120. Inspection fees; permit fees; hotels, mobile home parks, recreational vehicle parks, youth camps and private water supplies.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE, the NECESSITY, FUNCTION, and CONFORMITY paragraph, and Section 2 to use terms consistent with statutory language; and (2) to amend Sections 1 and 2 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 for Public Health: Division of Public Health Protection and Safety: Radiation Operators Certification
902 KAR 105:010. Definitions. Dewey Crawford and Vanessa Breeding represented the office.
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 citations; (2) to amend Section 1 to delete repetitive language; and (3) to amend the TITLE and 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.
902 KAR 105:030. Education and training.
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 citations; (2) to amend Section 2 to clarify which national and accreditation standards must be met by the educational institutions; (3) to amend Section 4 to move from 902 KAR 105:081 to this administrative regulation, the required curricula for limited podiatry x-ray machine operators and limited bone densitometry x-ray machine operators; and (4) to amend Sections 1 through 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.
902 KAR 105:040. General radiation operator requirements.
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 citations; (2) to amend Sections 5 and 7 to clarify which national practice standards must be followed; and (3) to amend Sections 3 through 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 105:061. Repeal of 902 KAR 105:060.
902 KAR 105:070. Violations and enforcement.
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 citations; (2) to amend Section 2 to clarify the appellate procedures; (3) to amend Section 3 to clarify the grounds for imposition of a penalty; and (4) to amend Sections 3 through 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.
902 KAR 105:081. Limited x-ray machine operator.
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 citations; (2) to create a new section to clarify that a limited certificate holder is prohibited from working at facilities that perform certain procedures; (3) to amend Sections 2 through 4 to delete limited certificate curricula requirements that were moved to 902 KAR 105:030 and insert cross-references thereto; (4) to amend Section 6 to clarify the procedures a limited certificate holder may perform; and (5) to amend Sections 1 through 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.
The following administrative regulations were deferred to the next meeting of the subcommittee:
COUNCIL ON POSTSECONDARY EDUCATION: Public Education Institutions
13 KAR 2:020. Guidelines for admission to the state-supported postsecondary education institutions in Kentucky.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division for Air Quality: Hazardous Pollutants
401 KAR 57:002. 40 C.F.R. Part 61 national emission standards for hazardous air pollutants.
Asbestos
401 KAR 58:025. 40 C.F.R. Part 61 national emission standard for asbestos.
New Source Performance Standards
401 KAR 60:005. 40 C.F.R. Part 60 standards of performance for new stationary sources.
401 KAR 60:670. 40 C.F.R. Part 60 standards of performance for nonmetallic mineral processing plants.
General Standards of Performance
401 KAR 63:002. 40 C.F.R. Part 63 national emission standards for hazardous air pollutants.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Exceptional and Handicapped Programs
707 KAR 1:280. Definitions.
707 KAR 1:360. Confidentiality of information.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Office of Insurance: Division of Health Insurance Policy and Managed Care: Health Insurance Contracts
806 KAR 17:545 & E. ICARE Program employer eligibility, application process, and requirements.
The Administrative Regulation Review Subcommittee adjourned at 11:05 a.m. until October 2007.