The January meeting of the Administrative Regulation Review Subcommittee was held on Monday, January 7, 2008, at 1:30 PM, in Room 149 of the Capitol Annex. Senator Dick Roeding, 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 Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Robert Brooks, Connie Calvert, Darlene Eakin Board of Optometric Examiners; Michael Rodman, C. Lloyd Vest II, Kentucky Boards of Medical Licensure; Linda Poliskie, Denise Payne Wade, Kentucky Real Estate Commission; Letricia Chandler, Danny Percell, Scott Porter, Ronald Raymond, Kentucky Board of Embalmers and Funeral Directors; Karen Alexy, Rocky Pritchert, Morgain Sprague, Kentucky Department of Fish and Wildlife Resources; Jeff R. Burton, Karen Howard, Kirstie Willard, Justice and Public Safety Cabinet; Graham Gray, Stan Slonina, Kentucky State Police; Steve Lynn, Department of Criminal Justice Training; Jerry Wagner, Kentucky Sheriffs Association; Kevin Brown, Kentucky Department of Education; Renee Campbell, Frank Dickerson, Winslow Hale, Lisa King, Kentucky Workers' Compensation Funding Commission; John Forgy, Marc Guilfoil, Jamie Haydon, Kentucky Horse Racing Authority; Donna J. Hillma, Angela Kirkland, Sandra Silver, Department of Mental Health and Mental Retardation Services; Elizabeth Caywood, David Gayle, Department for Community Based Services; Molly Clouse, Heidi Schussler, John Shupp.
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 Monday, January 7, 2008 and submits this report:
GENERAL GOVERNMENT: Kentucky Board of Optometric Examiners: Board
201 KAR 5:040. Unprofessional conduct. Robert Brooks, president; and Darlene Eakin, executive director, represented the board.
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; (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.
Kentucky Board of Medical Licensure: Board
201 KAR 9:021. Medical and osteopathic schools approved by the board; denial or withdrawal of approval; application of KRS 311.271; postgraduate training requirements; approved programs; recognition of degrees. Lloyd Vest, general counsel, and Michael Rodman, assistant executive director, represented the board.
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 through 4 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Real Estate Commission: Commission
201 KAR 11:170. Private school and course approval. Linda Poliskie, education director, and Denise Payne Wade, staff attorney, represented the commission.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 3 and 6 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 11:210. Licensing, education, and testing requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a minor drafting error; (2) to amend Section 2 to clearly establish the entities that can evaluate a transcript in a language other than English; and (3) to amend Section 4 to delete requirements for an applicant with a degree from an out-of-state institution. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:230. Mandatory continuing education, instructor requirements; out-of-state requirements; maintaining records; and actions for failure to comply.
In response to a question by Senator Tapp, Ms. Poliskie stated that the required continuing education hours were not increased.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clearly state the subject matter of the administrative regulation; (2) to amend Sections 1 to 8 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) to amend Section 10 to delete reference to forms not mentioned in the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:240. Distance education, and education via interactive television-requirement, generally; exemptions; course criteria; course provider requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clearly state the subject matter of the administrative regulation; (2) to amend Sections 1 to 5 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) to amend Section 2 to reference course content standards in other administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:450. Broker management course.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 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 Embalmers and Funeral Directors: Board
201 KAR 15:030. Fees. Danny Percell, vice president; Ronald Raymond, division director; and Scott Porter, assistant attorney general, represented the board.
In response to questions by Senator Pendleton, Senator Tapp, and Co-Chair Roeding, Mr. Percell stated that the board was not aware it did not have the authority to charge increased fees because of the departure of an employee who was supposed to have handled the matter. He stated the board did not intend to refund the fees it had collected. He stated the license fees increased by $25 and the late fee increased by $50.
In response to questions by Representative Damron, Mr. Percell stated that the board moved to a state-owned building and that the cost of the move, an increase in rent, and an increase in legal fees charged by the attorney general's office necessitated the increase in fees they charged. He stated that the board spends nearly all of what it takes in.
In response to a question by Senator Kerr, Mr. Percell stated that some of the money was spent on updated equipment to enable the board to address complaints more timely.
201 KAR 15:110. Funeral establishment criteria.
In response to questions by Representative Ford, Mr. Percell stated that this administrative regulation required obituaries to list the funeral director who was responsible for the services. He stated there were problems with individuals who were not licensed having obituaries published. Mr. Porter stated that it ensured a licensed director oversaw the services. Mr. Percell stated that it would ensure that an individual director was responsible for his own actions rather than the owner of the business.
In response to a question by Senator Tapp, Mr. Percell stated that the maximum penalty for failure to comply was a $500 fine and the board would investigate allegations before issuing a fine.
In response to questions by co-chair Damron, Mr. Percell stated his funeral home was recently named in a false obituary fabricated by someone to obtain time off from his job.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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, 6, 8, 9, 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.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Game
301 KAR 2:221 & E. Waterfowl seasons and limits. Morgain Sprague, general counsel; Karen Alexy, division director; and Rocky Pritchert, migratory bird coordinator, represented the department.
In response to questions by Co-Chair Damron, Ms. Alexy stated these administrative regulations extended the wild goose hunting season in the western zone, added seven (7) more goose hunts to state parks, and synchronized the hunting seasons inside and outside the state parks. She stated that the department was working hard to ensure the wildlife management areas were clearly defined and that they were updated online immediately when boundaries changed. She stated the department recently published a new public hunting areas guide.
In response to a question by Co-Chair Roeding, Ms. Alexy stated the department had worked with several cities in northern Kentucky to assist them with their ordinances to control the deer population.
301 KAR 2:222 & E. Waterfowl hunting requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 5 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Class D and Class C Felons
501 KAR 2:020. Definitions for 501 KAR Chapter 2. Karen Howard, attorney; Jeff Burton, assistant director; and Kirstie Willard, jail services specialist, represented the department.
In response to a question by Co-Chair Roeding, Mr. Burton stated that the boot camp program was abolished several years ago.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete the definition of "exceptional good time"; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
501 KAR 2:030. Administration.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
501 KAR 2:040. Waivers.
501 KAR 2:050. Transfer request.
A motion was made and seconded to approve the following amendments: to delete Section 1 to move it to 501 KAR 2:060 because it does not pertain to transfers. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 2:060. Procedures for housing of Class D and Class C felons.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to insert text from 501 KAR 2:050 addressing eligibility; (2) to amend Section 11 to add a citation; and (3) to amend Sections 2, 3, 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.
501 KAR 2:070. Work Release.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Jail Standards for Full-service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; (2) to amend Section 1 to add a definition for "full-service jails"; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
501 KAR 3:020. Administration; management.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 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 3:040. Personnel.
In response to a question by Senator Tapp, Mr. Burton stated that because of the prohibition of an intimate, personal relationship between an inmate and an employee, if there were such a relationship that existed before the inmate's incarceration, the inmate would be transferred to another facility.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify staffing requirements; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 4, 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.
501 KAR 3:050. Physical plant.
In response to questions by Representative Weston, Mr. Burton stated that the size of the holding area had to be a minimum of twenty-five (25) square feet and capacity was limited by the size of the area. He stated that the increase in the amount of time an inmate may be detained in a holding area was to help alleviate prison overcrowding. He stated that they did not want to move an inmate to the general population if he would be released within hours. He stated that jail personnel would typically provide a mat or cot if the person was there several hours.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 through 6 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 3:060. Security; control.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:070. Safety; emergency procedures.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction 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.
501 KAR 3:080. Sanitation; hygiene.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:090. Medical services.
In response to a question by Co-Chair Roeding, Mr. Burton stated they had informed the jails of the procedures to transfer an inmate for medical reasons.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:100. Food services.
In response to a question by Representative Ford, Ms. Howard stated that the changes to this administrative regulation should make things easier for local jails because it standardized the requirements and made them identical to the requirements for state facilities.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (2) to amend Section 1 to clarify that prisoners housed in a diversion holding area during mealtimes shall be fed and that approval of religious diets shall be in accordance with 501 KAR 3:130. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:130. Prisoner programs; services.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (2) to amend Section 1 to correct a citation; (3) to amend Section 5 to correct the title of a federal manual; (4) to amend Section 7 to delete references to a training program that is no longer used; and (5) to amend Sections 2 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.
501 KAR 3:140. Prisoner rights.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary
501 KAR 6:060. Northpoint Training Center.
A motion was made and seconded to approve the following amendments: (1) to amend Policy 09-16-01 Restricted Areas to insert an omitted phrase; and (2) to amend Section 1 to update edition dates. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:170. Green River Correctional Complex.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct a policy title. Without objection, and with agreement of the agency, the amendments were approved.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:040. Personnel.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (3) to amend the STATUTORY AUTHORITY paragraph to correct a citation; and (4) to amend Section 1 to clarify staffing requirements. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:080. Sanitation; hygiene.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction. Without objection, and with agreement of the agency, the amendment was approved.
501 KAR 7:090. Medical services.
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 make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:100. Food services.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (2) to amend Section 1 to clarify that approval of religious diets shall be in accordance with 501 KAR 3:130. Without objection, and with agreement of the agency, the amendments were approved.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life Safety Issues.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (2) to amend Section 1 to correct a citation; (3) to amend Section 2 to clarify staffing requirements; (4) to amend Section 3 to correctly cite current air exchange requirements; (5) to amend Section 8 to clarify that approval of religious diets shall be in accordance with 501 KAR 3:130; and (6) to amend Sections 3, 4, 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.
Department of Kentucky State Police: Automated Fingerprint Identification System
502 KAR 14:010. Provision and maintenance of automated fingerprint identification system equipment and programs in detention centers. Submission of fingerprints by jailers to the Kentucky State Police. Karen Howard, attorney; Graham Gray, branch manager; and Stan Slonina, systems consultant, represented the department.
In response to a question by Co-Chair Roeding, Mr. Slonina stated that the transmission of fingerprints did not require a lot of additional time by jail personnel because a computerized interface would import most necessary demographic information into the AFIS equipment.
A motion was made and seconded to approve the following amendments: to amend Section 7 to insert statutorily required language for material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Law Enforcement Council: General Training Provision
503 KAR 3:110. Certified Court Security Officers academy trainee requirements; misconduct; penalties; discipline procedures. Steve Lynn, attorney, represented the council. Jerry Wagner represented the Kentucky Sheriffs' Association.
In response to a question by Co-Chair Roeding, Mr. Lynn stated that he traveled with the sheriffs' association to explain the bill behind certification of court security officers and that local sheriffs were in favor of the changes.
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 this administrative regulation; (2) to amend Section 1 to clarify the uniform requirements; (3) to amend Sections 1, 4, 6, and 7 to establish penalties that had been omitted; and (4) to amend Sections 1, 4, 6 through 8, and 12 through 14 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Kentucky Board of Education: Office of Chief State School Officer
701 KAR 5:130. Drug Testing of Teachers Involved in Illegal Use of Controlled Substances. Kevin Brown, assistant general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include an additional statutory citation; 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.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Kentucky Workers' Compensation Funding Commission: Commission
803 KAR 30:020. Payment of audit expenses by taxpayer. Winslow Hale, executive director; Renee Campbell, director of audits and collections; and Frank Dickerson, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 2 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Public Protection: Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:021. Backside Improvement Fund. John Forgy, general counsel; Marc Guilfoil, deputy executive director; and Jamie Haydon, director of incentives and development, represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 2 to: (a) clarify that an application shall be considered at the first regularly scheduled Authority meeting after the application is submitted, unless submitted within seven (7) calendar days of a meeting, in which case it shall be deferred until the next occurring meeting; and (b) clarify standards for approving the application; 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.
810 KAR 1:033. Repeal of 810 KAR 1:032.
810 KAR 1:090. Kentucky Thoroughbred Development Fund.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 1 to delete definitions already defined by KRS 230.210; (3) to amend Section 2 to correct the statutory citation regarding money deposited in the KTDF account for non-live racing handles; and (4) to amend the TITLE 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.
Harness Racing
811 KAR 1:085. Conduct of racing.
In response to a question by Co-Chair Roeding, Mr. Forgy stated that de-nerving a horse was a process to deaden a nerve in a horse so the horse would not feel pain. He stated it was important for the horse racing authority to know when it had been done and that cobra venom was not detectable, so this administrative regulation was amended to no longer permit the use of cobra venom.
A motion was made and seconded to approve the following amendments: to amend Sections 4, 6, 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Mental Health and Mental Retardation Services: Division for Mental Health and Substance Abuse: Mental Health
908 KAR 2:220. Peer specialist services. Sandra Silver, peer specialist consultant, represented the division. Molly Clouse, peer specialist, appeared in support of this administrative regulation. Heidi Schissler represented the Department of Protection and Advocacy.
Ms. Schissler stated that her department objected to this administrative regulation at the December Subcommittee meeting because of concerns with the requirement that peer specialists hold a GED or high school diploma. She stated the department thought the requirement was unfair but that it was a requirement of employment by the local Compare agencies. She stated that because this program was so important, the department withdrew its opposition to this administrative regulation with the understanding that the agency would work with applicants who needed to obtain a high school diploma or GED to qualify to be a peer specialist.
Representative Lee stated that he voiced his concerns about the education requirement at the last meeting of the Subcommittee. He stated that after looking at this administrative regulation more closely and obtaining more information about the peer specialists' duties, he withdrew his objection with the understanding that the agency would work with applicants who did not qualify because they did not hold a GED or high school diploma.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1, 3, 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.
Department of Community Based Services: Child Welfare
922 KAR 1:390. Standards for residential child-caring facilities. Elizabeth Caywood, commissioner's office; and David Gayle, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 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.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
PERSONNEL CABINET: Classified
101 KAR 2:034. Classified compensation.
101 KAR 2:220. Educational Assistance Program.
101 KAR 2:230. Kentucky Employee Mediation Program.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Sales and Use Tax; Administration and Accounting
103 KAR 31:180 & E. Signature project refunds on construction costs.
Tax Increment Financing
103 KAR 50:050 & E. Incremental revenues for income and limited liability entity taxes.
GENERAL GOVERNMENT: Kentucky State Board Of Accountancy: Board
201 KAR 1:160. Peer reviews.
Kentucky Real Estate Commission: Commission
201 KAR 11:121. Improper conduct. Linda Poliskie, education director, and Denise Payne Wade, staff attorney, represented the commission.
Representative Ford stated that this administrative regulation required the use of American National Standards Institute standards to measure square footage of a single-family residence. He asked that the commission consider changing it to require measurement of the square footage of heated living space.
A motion was made and seconded to defer consideration of this administrative regulation until the Subcommittee's February meeting. Ms. Wade stated that the commission agreed to defer this administrative regulation. Without objection and with agreement of the agency, this administrative regulation was deferred.
Kentucky Board of Chiropractic Examiners: Board
201 KAR 21:081. Repeal of 201 KAR 21:080.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Licensing
301 KAR 5:100. Interstate Wildlife Violators Compact.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001 & E. Definitions for 401 KAR Chapter 51.
401 KAR 51:017 & E. Prevention of significant deterioration of air quality.
401 KAR 51:052 & E. Review of new sources in or impacting upon nonattainment areas.
Permits, Registrations, and Prohibitory Rules
401 KAR 52:001 & E. Definitions for 401 KAR Chapter 52.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Department of Workers' Claims
803 KAR 25:096. Selection of physicians, treatment plans and statements for medical services.
803 KAR 25:280. Certification of drug-free workplace.
Department of Public Protection: Office of Insurance: Insurance Contract
806 KAR 14:006. Property and casualty insurance form filings.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:027. Entries, subscriptions, and declarations.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020 & E. Kentucky e-Health Corporation.
Office of Inspector General: Office
906 KAR 1:120. Informal dispute resolution.
Department for Medicaid Services: Medicaid Services
907 KAR 1:061 & E. Payments for ambulance transportation.
Department for Aging and Independent Living: Aging Services
910 KAR 1:090. Personal care assistance services.
Department of Community Based Services: Day Care
922 KAR 2:002. Repeal of 922 KAR 2:001.
922 KAR 2:160. Child care assistance program.
The Subcommittee adjourned at 3:04 until February 11, 2008.