The November meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, November 12, 2008, at 10:00 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; Joey Pendleton, and Gary Tapp; Representatives Danny Ford, and Jimmie Lee.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Les Beavers, Kentucky Department of Veterans Affairs; Frank Dempsey, Department of Revenue; Gerald Hoppman, Charles Robinette, Board of Specialists in Hearing Instruments; Karen Greenwell, Noel Record, Kentucky Board of Barbering; Jonathan Doran Buckley, Kentucky Board of Licensure for Professional Engineers and Land Surveyors; Ryan Halloran, Board of Chiropractic Examiners and Kentucky Board of Licensure for Private Investigators; Larry Bond and Angela Robertson, Kentucky Boxing and Wrestling Authority; Kerry Wright Robertson, Board of Licensure of Occupational Therapy; Mary Pedersen, Kentucky Board of Licensure of Private Investigators; Charles O'Neal, Lee Rowland, Kentucky Board of Emergency Medical Services; J.D. Chaney Kentucky League of Cities; Tom Troth, Kentucky Association of Counties; Ron Wolfe, Louisville Metro; Karen Alexy, Gerry Buynak, Jon Gassett, Jeff Ross, Catherine York, Kentucky Department of Fish and Wildlife Resources; Abigail Powell, Ronald Price, Division of Water, Lora Gowins, Division for Air Quality; Amy Barker, James VanNort, Justice and Public Safety Cabinet; Keith Peercy, Morgain Sprague, Department of Kentucky State Police; Steve Lynn, Department of Criminal Justice Training; Dana Fugazzi, Jeff Wolfe, Transportation Cabinet; Kevin Brown, Michael Miller, Larry Stinson, Kentucky Department of Education; Lisa Cochran, Larry Moore, Department for Workplace Investment; David Stumbo, Dandridge Walton, Labor Cabinet; Sharon Clark, Treva Donnell, Brad Nelson, Al Perkins, Ray Perry, Amanda Ross, Malinda Shepherd, DJ Wasson, Department of Insurance; Shane O'Donley, Carrie Banahan, Cabinet for Health and Family Services; Stephanie Brammer-Barnes, Stephanie Hold, Michael Lawrence; Elizabeth Johnson, Stuart Owen, Nevel Wise, Department of Medicaid Services; Rachel Sisler Dockal, Mary Sparrow, Shari Sullivan, Steve Veno, Child Support Enforcement.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Grant Programs
11 KAR 5:200. Go Higher Grant Program. Becky Gilpatrick, Student Aid Branch manager, and Melissa Justice, senior associate counsel, represented the division.
In response to questions by Co-Chair Roeding, Ms. Gilpatrick stated that the grant was for adults working toward a first baccalaureate degree because the goal was to bring adults back into an academic setting.
Co-Chair Roeding stated that he wished to be recorded as being opposed to this administrative regulation.
Teacher Scholarship Loan Program
11 KAR 8:030. Teacher scholarships.
In response to a question by Co-Chair Roeding, Ms. Gilpatrick stated that grant scholarship recipients signed a promissory note prior to distribution of funds and that repayment requirements were thoroughly explained to recipients.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 5, 6, 7, 8, and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 8:040. Deferment of teacher scholarship repayment.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Osteopathic Medicine Scholarship Program
11 KAR 14:060. Osteopathic Medicine Scholarship Program application of payments.
In response to a question by Co-Chair Roeding, Ms. Gilpatrick stated that it was the long-standing practice of the division to retain payments if a scholarship recipient did not initially meet the service obligation. This administrative regulation was amended by the agency to put that policy into an administrative regulation.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
11 KAR 14:080. Deferment of Osteopathic Medicine Scholarship Program repayment.
A motion was made and seconded to approve the following amendments: to amend Sections 1 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.
Commonwealth Merit Scholarship Program
11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) Program.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 5, 7, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
KENTUCKY DEPARTMENT OF VETERANS AFFAIRS: Office of the Commissioner: Recognitions
17 KAR 5:010. Kentucky Medal for Freedom. Retired Brigadier General Les Beavers, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend the Title 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.
REVENUE CABINET: General Administration
103 KAR 1:150. Electronic data match and levy procedures. Frank Dempsey, staff attorney, 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; (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 2 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Sections 1 and 3 to delete language that repeated or conflicted with statute. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board for Specialists in Hearing Instruments: Board
201 KAR 7:015. Fees. Gerald W. Hoppmann, Director of the Division of Occupations and Professions, and Charles R. Robinette, board member, represented the board.
In response to questions by Representative Lee, Mr. Robinette stated that all board-licensed specialists in hearing instruments had been notified of the proposed fee increases and that fees had not changed in approximately twenty (20) years, resulting in the board being in debt and behind on payments. He stated that administrative costs were increasing. He also stated that the board administrator was new and that the board otherwise would have made incremental changes, rather than doubling fees at once. Mr. Hoppmann stated that the board had recently had multiple challenges, including lawsuits, and the board wanted to be fiscally conservative.
In response to a question by Co-Chair Roeding, Mr. Robinette stated that fees in Tennessee were $810 and $400 yearly; that renewal fees in Tennessee, Ohio, Michigan, and Georgia had approximately a $100 difference from Kentucky renewal fees; and that Virginia had reduced fees. He stated that states bordering Kentucky had much higher fees than Kentucky.
Board of Barbering: Board
201 KAR 14:150. School Records. Karen Greenwell, board administrator, and Noel Record, board chairman, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend Sections 1, 3, 4, and 5 to clarify record-keeping requirements. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:072. Experience. Jonathan Doran Buckley, general counsel, represented the board.
In response to questions by Senator Tapp, Mr. Buckley stated that the reason for these amendments was because other states did not recognize Kentucky's reciprocity without post-graduate experience. He stated that most surrounding states had the same requirements and that Kentucky did not currently accept credit for a student cooperative program.
In response to a question by Co-Chair Roeding, Mr. Buckley stated that even during summertime, credit was not accepted for a student cooperative program and that six (6) months credit was required prior to taking the examination for licensure.
Co-Chair Roeding requested that Mr. Buckley investigate the board impediments to licensure potentially created by providing the exam six (6) months or more after graduation. Mr. Buckley stated that he would respond with the information to staff of the subcommittee.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to include a reference to the statutory requirement for licensure. Without objection, and with agreement of the agency, the amendments were approved.
Board of Chiropractic Examiners: Board
201 KAR 21:041. Licensing; standards, fees. Ryan Halloran, assistant attorney general, represented the board.
In response to a question by Co-Chair Roeding, Mr. Halloran stated that this amendment did not address fees, but changed requirements for continuing education hours.
A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Boxing and Wrestling Authority: Athletic Commission
201 KAR 27:100 & E. General requirements for amateur mixed martial arts shows. Larry Bond, Deputy Secretary of the Public Protection Cabinet and Acting Executive Director of the Kentucky Boxing and Wrestling Authority, and Angela Robertson, board administrator, represented the board.
In response to questions by Co-Chair Roeding, Mr. Bond stated that mixed martial arts had not been regulated at all in the past and that there had been multiple problems and injuries involved in this sport. He stated that the industry was a fairly new one to Kentucky and that industry representatives had asked for this administrative regulation. He also stated that the fee was to identify who was participating in amateur mixed martial arts shows, which he described as a very violent sport. Mr. Bond stated that other sports, such as boxing, were regulated by national associations, but that mixed martial arts did not have such a national regulating association to establish safety standards for participants.
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 1, 2, 10, 38, 39, and 42 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 21 to prohibit weight gain in excess of: (a) six (6) pounds, instead of three (3) pounds, for a contestant who weighed in at 145 pounds or less; and (b) eight (8) pounds, instead of (4) pounds, for a contestant who weighed in at over 145 pounds. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Occupational Therapy: Board
201 KAR 28:090. Renewals. Gerald W. Hoppmann, Director of the Division of Occupations and Professions, and Kerry Wright Robertson, board member, represented the board.
Kentucky Board of Licensure for Private Investigators: Board
201 KAR 41:020. Application for licensure. Ryan Halloran, assistant attorney general; Mary Pedersen, board member; and Gerald W. Hoppmann, Director of the Division of Occupations and Professions, represented the board.
In response to a question by Representative Ford, Mr. Hoppmann stated that the FBI and Kentucky State Police performed the background checks. Ms. Pedersen stated that they conducted approximately 120 background checks per year.
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; (2) to amend Section 1 to clarify that the application shall be sworn and notarized; (3) to amend Section 2 to require a list of all private investigators employed by a private investigation company and a "proof of affiliation" letter for each private investigator in the company; (4) to insert two (2) new sections to provide procedures for change of contact information and to establish requirements related to application processing; (5) to amend Sections 1 through 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to update the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were adopted.
201 KAR 41:040. Fees.
In response to questions by Co-Chair Roeding, Mr. Hoppmann stated that the reinstatement fee was $100 and that the inactive status fee was paid yearly.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4 through 7, and 9 to make technical corrections and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with approval of the agency, the amendments were approved.
201 KAR 41:060. Renewal and reinstatement procedures.
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 state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(1)(f); (3) to amend Sections 1 and 5 through 8 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT, FISCAL NOTE ON STATE OR LOCAL GOVERNMENT, and SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (5) to revise the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 41:065. Inactive status.
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 state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(1)(f); 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.
201 KAR 41:070. Continuing professional education requirements.
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 state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(1)(f); (3) to amend Sections 3 through 6, 11, and 12 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
INDEPENDENT ADMINISTRATIVE BODIES: Kentucky Board of Emergency Medical Services: Board
202 KAR 7:030. Fees of the board. Charles M. O'Neal, executive director, and Lee Roland, Kentucky Community Technical and College System, represented the board. Dwayne Lee, director of Scott County EMS; Joe Pruitt, director of Nelson County EMS; and John Huchren, air medical industries, appeared in support of this administrative regulation. J. D. Chaney, director of government affairs for the Kentucky League of Cities; Tom Troth, director of legal affairs for the Kentucky Association of Counties; Ron Wolf, manager of intergovernmental relations for Louisville Metro; and Ned Sheehy, director of government relations for Lexington-Fayette Urban County Government, appeared in opposition to this administrative regulation.
Mr. O'Neal stated that numerous EMS providers were present to support this administrative regulation. He stated that information relating to this administrative regulation was distributed across the EMS community. He also provided a spreadsheet with each fee increase for each licensure.
Co-Chair Damron stated his appreciation for EMS providers in Kentucky.
In response to a question by Co-Chair Roeding, Mr. Lee stated that he did not believe that these fee increases would discourage licensure of providers. He stated that the industry needed the oversight of the board in order to continue to provide effective quality of service to Kentuckians.
Mr. Pruitt supported the board and the fee increases. He stated that many other states funded EMT training as part of the fire service, but because Kentucky did not, the industry realized there would be costs for quality training and oversight.
Mr. Huchren stated that it had been a tough year for air medical industries because of crashes and fatalities. He stated that there were fifty-one (51) air ambulance helicopters currently serving Kentucky and that the board has developed training for safe landing and new protocols for air-to-ground communication. He also stated that, while he didn't want a fee increase, he supported the fee increase 100 percent because the industry needed a functioning board.
In response to questions by Co-Chair Roeding, Mr. O'Neal stated that the board currently licensed forty-eight (48) air ambulance helicopters under twenty-three (23) providers. He stated that the air ambulance fee was per license, not per helicopter. He also stated that the board used more General Funds that it retained to provide grants to local governments.
In response to a question by Senator Pendleton, Mr. O'Neal stated that the grants were to fund new ambulances, mechanical upgrades to ambulances, and safety equipment.
Mr. Wolf stated that the timing of the fee increase posed an obstacle for the City of Louisville because of the economic downturn and because the current fiscal year budget was unable to take these fee increases into account. He stated that he would like these fees to be deferred until Fiscal Year 2009.
Mr. Chaney apologized for the lateness of raising this issue and stated that Lexington, Louisville, and other cities would have problems funding these increased fees in the middle of Fiscal Year 2008.
Mr. Troth stated that, while the Kentucky Association of County Officials understood the need for these fees, local governments were unable to comply with these funding demands at this time. He expressed concern that fee increases were falling to local governments because of the economic downturn.
In response to questions by Co-Chair Damron, Mr. Wolf stated that the fiscal impact to Louisville would be $20,000 to $25,000. Mr. Sheehy stated that the fiscal impact to Lexington would be approximately $9,000 to $10,000.
Co-Chair Roeding expressed the importance that the cost-benefit analysis provided for by Regulatory Impact Analysis and Tiering Statement, Questions 4(a) through (c), be completed in enough detail to put the subcommittee on notice as to the needs of each agency and the benefit to the stakeholders. He stated that every agency needed to provide a meaningful response to these questions.
In response to a question by Senator Pendleton, Mr. Wolf stated that local governments billed the users of ambulance services but that, because of the economic downturn, it would be a difficult time to raise fees on users in order to compensate for the fee increases to local governments. He stated that fees were not divided equally in the comprehensive scheme.
Mr. O'Neal stated that grant money for the current fiscal year had not been allotted yet and that fees would not go into effect until the next fiscal year (because this year's fees had already been paid) so that cities and local governments could budget accordingly.
In response to a question by Co-Chair Roeding, Mr. O'Neal stated that $10,000 was the maximum grant allotment for each county. He stated that a city or local government had to fill out a one-page application describing how the grant would be spent and that, after a purchase, the receipt would be sent to the board as proof that the money was spent pursuant to the conditions of the grant.
In response to a question by Co-Chair Damron, Mr. Chaney, Mr. Troth, and Mr. Wolf stated that making the effective date for fees the next fiscal year, would assist cities in budgeting for and complying with these fee increases.
Co-Chair Roeding requested that local government brief Area Development Districts regarding the costs for budgeting.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 5, 6, 7, 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:410. Taking of fish by other than traditional fishing methods. Karen Alexy, Wildlife Division Director; Gerry Buynak, assistant director; Jon Gassett, commissioner; Jeff Ross, Acting Director of Fisheries, and Catherine York, deputy general counsel, represented the department.
In response to a question by Senator Pendleton, Mr. Gassett stated that recreational fishermen were required to take the first two (2) paddlefish that they shot with archery equipment.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to provide for the executive reorganization; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(1)(f); and (3) to amend Sections 1 and 3 through 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.
Game
301 KAR 2:015. Feeding of wildlife.
301 KAR 2:030. Commercial guide license.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Sections 2 and 3 to extend the time to comply with certain requirements to January 1, 2010. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting.
301 KAR 2:227. Repeal of 301 KAR 2:223.
Wildlife
301 KAR 4:110. Administration of drugs to wildlife.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:001 & E. Definitions for 401 KAR Chapter 10. Abigail Powell, regulations coordinator, and Randy Payne, water quality contact, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct citations; and (2) to amend Section 1(60) to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
Division for Air Quality: Air Quality
401 KAR 52:081. Repeal of 401 KAR 52:080. Lora Gowins, supervisor, represented the division.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:200. Comprehensive sex offender presentence evaluation procedure. Amy Barker, assistant general counsel, and James Van Nort, assistant director for the Division of Mental Health, represented the Office.
A motion was made and seconded to approve the following amendments to: (1) amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(1)(f); (2) amend Section 2 to add criteria for an appropriate actuarial instrument and to describe an “empirically-guided approach”; and (3) 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.
Department of Kentucky State Police: Criminal History
502 KAR 30:060. Dissemination of criminal history record information. Keith Peercy, major with the Kentucky State Police, and Morgain Sprague, legal counsel, represented the department.
In response to a question by Co-Chair Roeding, Ms. Sprague stated that the fee increase was insufficient to completely defray the cost of the program, but that the department was reluctant to raise the fee further at this time.
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(2) to specify that: (a) employees and members of fire departments, ambulance services, and rescue squads shall be exempt from the fee pursuant to KRS 17.167(4); and (b) to specify that the fee required in this administrative regulation shall not apply to applications for a license, or renewal of a license, to carry a concealed deadly weapon; (3) to amend the Incorporation by Reference section to update forms; and (4) to amend Sections 1, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110. Department of criminal justice training basic training: graduation requirements; records. Steve Lynn, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 5, 8, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Highways: Traffic
603 KAR 5:320. Safety in highway work zones. Dana Fugazzi, attorney, and Jeff Wolfe, Traffic Engineering Branch manager, represented the department.
In response to a question by Representative Ford, Mr. Wolfe stated that the administrative regulation would allow an engineer in the field to lower the speed limit in a construction area by up to fifteen (15) miles per hour (mph) on a highway with a speed limit of seventy (70) mph and by up to ten (10) mph on a highway with a speed limit of sixty-five (65) mph. He stated that workers had complained that the previous speed cap was not low enough under some circumstances. He also stated that the cabinet secretary was authorized to lower the speed limit below limits established in this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to include KRS 174.080; 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance
702 KAR 3:080. Fidelity bond, penal sum for treasurer, finance officer and others. Kevin Brown, general counsel; Michael Miller, division director; and Larry Stinson, associate commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; 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.
School Terms, Attendance and Operation
702 KAR 7:130 & E. Approval of innovative alternate school calendars.
In response to a question by Co-Chair Roeding, Mr. Stinson stated that this administrative regulation would make it easier for a school to request approval of an alternative school calendar.
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; (2) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to establish the review criteria for submitted applications. Without objection, and with agreement of the agency, the amendments were approved.
Office of Instruction
704 KAR 3:340. Commonwealth Diploma Program.
In response to a question by Co-Chair Roeding, Mr. Miller stated that this administrative regulation allowed students to participate in both advance program (AP) and International Baccalaureate (IB) programs.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2(2) to update the requirements of the precollege curriculum to match the curriculum established by the Council on Postsecondary Education in 13 KAR 2:020. Without objection, and with agreement of the agency, the amendments were approved.
Department for Workforce Investment: Unemployment Insurance
787 KAR 1:110. Appeals. Lisa Cochran, Unemployment Insurance Branch manager, and Larry W. Moore, policy analyst, represented the department.
In response to a question by Senator Pendleton, Ms. Cochran stated that, now that the department staffing levels had stabilized, great strides had been made toward speeding up the appeal process.
Co-Chair Roeding requested that the department keep subcommittee staff apprised of the progress in speeding up the appeal process.
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 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.
LABOR CABINET: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Occupational Safety and Health
803 KAR 2:180. Recordkeeping; reporting; statistics. David Stumbo, health standards specialist, represented the division.
A motion was made and seconded to approve the following amendments: 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Administration
806 KAR 2:091. Repeal of 806 KAR 2:090, 806 KAR 2:096. Sharon Clark, commissioner, and D.J. Wasson, legal counsel, represented the department.
Ms. Clark introduced Mr. Chin and Mr. Shue, who were visitors from China working with international insurance issues.
806 KAR 2:092 & E. Disclosure of local government taxes.
In response to a question by Co-Chair Roeding, Ms. Clark stated that this administrative regulation required full disclosure on tax bills. Ms. Wasson stated that insurance billing notices were required to itemize local government taxes beginning December 31, 2008.
A motion was made and seconded to approve the following amendment: to amend Section 1(3) to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
806 KAR 2:111. Repeal of 806 KAR 2:110.
Assets and Liabilities
806 KAR 6:130. Minimum standards for determining reserve liabilities and nonforfeiture values for preneed insurance.
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 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.
Agents, Consultants, Solicitors, and Adjusters
806 KAR 9:220. Continuing education.
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.
Life Insurance and Annuity Contracts
806 KAR 15:080 & E. Paid-up life insurance policies.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Health Insurance Contracts
806 KAR 17:540 & E. ICARE Program high-cost conditions.
806 KAR 17:545 & E. ICARE Program employer eligibility, application process, and requirements.
806 KAR 17:555 & E. ICARE Program requirements.
A motion was made and seconded to approve the following amendment: to delete an unnecessary definition in Section 1. Without objection, and with agreement of the agency, the amendment was approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. Carrie Banahan, executive director, and Shane O'Donley, policy adviser, represented the office.
In response to a question by Co-Chair Roeding, Ms. Banahan stated that the expenditure minimum had been raised each year.
Office of Inspector General: Division of Audits and Investigations: Office of Audits and Investigations
906 KAR 1:011. Repeal of 906 KAR 1:010. Stephanie Brammer-Barnes, regulation coordinator; Stephanie Hold, assistant director; and Michael Lawrence, department of inspector general, represented the office.
906 KAR 1:031. Repeal of 906 KAR 1:030.
906 KAR 1:170. Administrative subpoenas.
In response to a question by Co-Chair Roeding, Mr. Lawrence stated that subpoenas were only intended as a last resort after other measures have proven unsuccessful.
Department for Medicaid Services: Medicaid Services
907 KAR 1:015. Payments for outpatient hospital services. Elizabeth A. Johnson, commissioner; Stuart Owen, regulation coordinator; and Neville Wise, finance director for Medicaid Services, represented the department.
Co-Chair Roeding stated his congratulations for working out the issues related to this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 2, 5, 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.
907 KAR 1:825 & E. Diagnosis-related group (DRG) inpatient hospital reimbursement.
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, 2, 4, 6, 8, 9, 13, 14, 15, 17, 19, and 20 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 2 to revise Table 2, High Volume Adjustment Eligibility Criteria, to change the “days range” column and “per diem payment” column; (5) to amend Section 2 to: (a) specify that the department shall not make a high volume per diem payment for a level I neonatal care claim, or level II or III neonatal center claim, but that those claims shall be included in the hospital’s high volume adjustment eligibility criteria calculation; and (b) clarify the reimbursement provisions for neonatal care and non-neonatal care; (6) to amend Section 13 to establish the reimbursement rate for inpatient care provided by Vanderbilt Medical Center; and (7) to create a new section to specify that the department reimbursement for inpatient hospital care shall not exceed the upper payment limit established in 42 C.F.R. 447.271 or 447.272. Without objection, and with agreement of the agency, the amendments were approved.
Payment and services
907 KAR 3:205. Hemophilia treatment reimbursement and coverage via the 340B Drug Pricing Program.
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 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 for Income Support: Child Support Enforcement: Child Support
921 KAR 1:380. Child support enforcement program application and interstate process. Steve Veno, deputy commissioner, represented the department.
The following administrative regulations were deferred to the December 9, 2008, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:130. Hazardous duty coverage.
105 KAR 1:140 & E. Contribution reporting.
105 KAR 1:345 & E. Rollovers and transfers of contributions to other plans.
105 KAR 1:380 & E. Minimum distribution.
105 KAR 1:390 & E. Employment after retirement.
105 KAR 1:400 & E. Federal taxation limitation year.
105 KAR 1:420 & E. Account established under 26 U.S.C.
105 KAR 1:430 & E. General Compliance with federal tax laws.
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Appraisers Board: Board
201 KAR 30:030. Types of appraisers required in federally-related transactions; certification and licensure.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers.
301 KAR 2:300. Black bears.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality
401 KAR 5:010. Operation of wastewater systems by certified operators.
Water Quality Standards
401 KAR 10:026. Designation of uses of surface waters.
401 KAR 10:029. General provisions.
401 KAR 10:030. Antidegradation policy implementation methodology.
401 KAR 10:031. Surface water standards.
Certified Operators
401 KAR 11:001. Definitions for 401 KAR Chapter 11.
401 KAR 11:010. Board of certification.
401 KAR 11:020. Standards of professional conduct for certified operators.
401 KAR 11:030. Wastewater treatment and collection operators-classification and qualification.
401 KAR 11:050. Operator certification.
401 KAR 11:060. Certification fees.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:270. Probation and parole policies and procedures.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Motor Vehicle Commission
605 KAR 1:060. Temporary off-site sale or display event.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
LABOR CABINET: Department of Workers' Claims: Workers' Claims
803 KAR 25:091 & E. Workers' compensation hospital fee schedule.
PUBLIC PROTECTION CABINET: Department of Financial Institutions: Division of Securities: Securities
808 KAR 10:041. Repeal of 808 KAR 10:040.
808 KAR 10:440. Examples of dishonest or unethical practice for broker-dealers and agents.
808 KAR 10:450. Examples of dishonest or unethical practice for investment advisers and investment adviser representatives.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:012. Horses.
810 KAR 1:015. Claiming races.
810 KAR 1:018 & E. Medication; testing procedures; prohibited practices.
810 KAR 1:028 & E. Disciplinary measures and penalties.
Harness Racing
811 KAR 1:090 & E. Medication; testing procedures; prohibited practices.
811 KAR 1:095 & E. Disciplinary measures and penalties.
The Subcommittee adjourned at 12:10 p.m. until December 9, 2008.