The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 9, 2009, at 10:00 AM, in Room 149 of the Capitol Annex. Senator Elizabeth Tori, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Elizabeth Tori, Co-Chair; Senators Joey Pendleton, and Gary Tapp; Representatives Leslie Combs, Danny Ford, and Jimmie Lee.
Guests: DeVon Hankins, Mark Johnson, Bruce Nix, Finance and Administration Cabinet; Mike Burnside, Jennifer Jones, Kentucky Employees' Retirement System; Karen Greenwell, Noel Record, Board of Barbering; Charlotte Beason, Nathan Goldman, Sharon Mercer, Kentucky Board of Nursing; Mark Brengelman, Kathryn Green, Becky Klusch, Kentucky Board of Physical Therapy; Steve Lynn, Kentucky Law Enforcement Council; Kevin Brown, William Denton, Emily Hehl, Michael Kindred, John M. Marks, Larry Stinson, Education and Workforce Development Cabinet; Bob Elkins, Kentucky Labor Cabinet; Sharon Clark, Treva Donnell, Al Perkins, DJ Wasson, Kentucky Department of Insurance; Christine Atkinson, Kris Moore, Department for Public Health; Leslie Hoffman, Stuart Owen, Diane Pratt, Department for Medicaid Services; Deborah Anderson, Adanne H. Bagby, David Boswell, Virgie Clayton, Phyllis Culp, Shirley Eldridge, Phyllis Sosa, Tonia Wells, Department for Aging and Independent Living. Bob Babbage, Elizabeth Hardy, Stewart Perry, American Diabetes Association; Mark Ohlman, Citizen; Heidi Schissler, Protection and Advocacy.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Emily Caudill, Jennifer Beeler, and Laura Napier.
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Income Taxation: Forms
103 KAR 3:040 & E. Income tax forms manual. Mark A. Johnson, Office of Income Taxation, and Bruce Nix, acting director, represented the office.
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 Sections 1, 2, and 3 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 3 to correct the edition dates for three (3) forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Employees' Retirement Systems: General Rules
105 KAR 1:370. Kentucky retirement systems personnel policies. Mike Burnside, executive director, and Jennifer Jones, assistant general counsel, represented the systems.
In response to questions by Senator Tapp, Ms. Jones stated that this administrative regulation defined compensation time as time beyond 37.5 hours per week that an employee worked or travelled and that the amount of time credited was based on professional trust of the employee. Ms. Jones also stated that this was not a new policy as this policy had been inadvertently deleted in a prior amendment and this amendment corrects that previous error.
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 the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to make corrections. Without objection, and with agreement of the agency, the amendments were approved. Without objection, and with agreement of the agency, the amendments were approved.
105 KAR 1:440. Kentucky retirements systems trustee education program.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical corrections; (2) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Barbering: Board
201 KAR 14:051. Supervision of apprentice licensees. Karen Greenwell, board administrator, and Noel Record, board chairman, represented the board.
A motion was made and seconded to approve the following amendment: to amend Section 2 to make a technical correction. Without objection, and with agreement of the agency, the amendment was approved.
Board of Nursing: Board
201 KAR 20:500. Nurse licensure compact. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend Section 2 to correct a punctuation error and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:020. Eligibility and credentialing procedure. Mark Brengelman, assistant attorney general, and Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a superfluous statutory citation; (2) to amend Section 2 to: (a) clarify that a recent photograph is required as part of the application; (b) specify that the application shall be notarized; (c) clarify that the fee is nonrefundable; and (d) provide for reasonable accommodation in testing for a documented disability; (3) to amend Sections 2 and 4 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to revise and include new material incorporated by reference; and (5) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or a physical therapist assistant.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 4 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (3) to revise the application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 5 to clarify requirements and to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 2 through 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.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: Council
503 KAR 1:140. Peace officer, telecommunicator, and court security officer: professional standards. Steve Lynn, assistant general counsel, represented the council.
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 2 through 6, 10 through 12, and 15 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: Department for Workforce Investment: Office of Career and Technical Education: General Administration
780 KAR 1:010. Kentucky state plan for career and technical education. William Benton, ombudsman; Michael Kindred, deputy executive director; and John M. Marks, executive director, represented the office.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Section 2 to specify the edition date of the material incorporated by reference, as required by KRS 13A.2251. Without objection, and with agreement of the agency, the amendments were approved.
Management of the Kentucky TECH System (Donna)
780 KAR 2:010. Administration of area technology centers.
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. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 2:030. Steering and advisory committees for area technology centers primarily serving secondary students.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 1, 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.
780 KAR 2:040. Live work projects.
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 3 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.
780 KAR 2:060. Discipline of students.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 1 and 4 to comply with the drafting requirements of KRS 13A.222(4)(a). Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 2:110. Student medical and accident insurance.
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 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.
780 KAR 2:140. Tuition and fees.
In response to a question by Senator Tapp, Subcommittee staff stated that these amendments were technical in nature and that there was not a change to the fee structure.
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, 2, and 4 to 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.
Personnel System for Certified and Equivalent Employees
780 KAR 3:010. Classification plan.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:020. Compensation plan.
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 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.
780 KAR 3:030. Appointments.
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, 3, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to create a new Section 7 to incorporate by reference the required posting notice and application forms. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:035. Employee evaluations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 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.
780 KAR 3:040. Special appointments.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:050. Employment lists.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 to 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.
780 KAR 3:060. Probationary periods.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with approval of the agency, the amendments were approved.
780 KAR 3:065. Certified and equivalent service administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:072. Attendance, compensatory time, and leave for certified and equivalent service.
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, 3, 4, 5, 7, 9, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, or with agreement of the agency, the amendments were approved.
780 KAR 3:075. Sick leave sharing procedures for certified and equivalent service.
780 KAR 3:080. Extent and duration of school term, use of school days and extended employment.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (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, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 6 to incorporate by reference the updated Extended Employment Application form. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:090. Records and reports.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend 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.
780 KAR 3:100. Employee actions.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 9 to incorporate by reference the updated voluntary demotion or transfer form. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:110. Disciplinary actions.
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 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.
780 KAR 3:120. Appeals and hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 2 to 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.
780 KAR 3:130. Employee grievances.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 2 to 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.
780 KAR 3:140. Certification and professional development requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (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 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.
780 KAR 3:150. Staff development and in-service.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 2, 4, 5, 6, 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.
780 KAR 3:160. Local school district service credit.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Instructional Programs
780 KAR 4:010. General standards.
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, 2, 4, 5, 8, 9, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 4:030. Standards for secondary programs.
Unclassified Personnel Administrative Regulations
780 KAR 6:005. Unclassified service administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend 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 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:010. Classification plan.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:020. Compensation plan.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1, 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.
780 KAR 6:030. Appointments.
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 2, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to create a new Section 5 to incorporate by reference the required application form. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:040. Special appointments.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:050. Probationary periods.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 1 to comply with the formatting requirements of KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:062. Attendance, compensatory time and leave for unclassified service.
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, 3, 4, 5, 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.
780 KAR 6:065. Sick leave sharing procedures for unclassified service.
780 KAR 6:070. Records and reports.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:080. Employee actions.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct a statutory citation; (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 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.
780 KAR 6:090. Disciplinary actions.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 6:100. Appeals and hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Facilities and Equipment of the Kentucky TECH System
780 KAR 7:010. Definitions for 780 KAR Chapter 7.
780 KAR 7:020. Area technology center facilities standards.
780 KAR 7:040. Facility maintenance.
780 KAR 7:060. Equipment inventory.
780 KAR 7:070. Equipment insurance.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:500. Maritime employment. Bob Elkins, safety standards specialist, represented the division.
PUBLIC PROTECTION CABINET: Department of Insurance: Administration
806 KAR 2:088. Verification of Risk Locations Systems. Treva W. Donnell, director; Al Perkins, life division director; and DJ Wasson, staff assistant, 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 Sections 1, 2, 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.
Agents, Consultants, Solicitors and Adjusters
806 KAR 9:070. Examinations.
A motion was made and seconded to approve the following amendments: to amend Sections 1 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.
806 KAR 9:310. Life settlement broker license and notification.
806 KAR 9:320. Life settlement provider license.
Life Insurance and Annuity Contracts
806 KAR 15:050. Reporting and general requirements for life settlement providers and brokers.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Food and Cosmetics
902 KAR 45:005. Kentucky Food Code. Christine Atkinson, Food Safety Branch manager, represented the department. Kris Moore, U.S. Food and Drug Administration, appeared in support of this administrative regulation. Mark S. Ohlman, independent food safety consultant, appeared in opposition to this administrative regulation.
Ms. Moore stated that she supported the proposed administrative regulation, which was modeled in conjunction with federal standards and with similar standards being considered in other states.
Mr. Ohlman stated that he had twenty (20) years of experience in the food service industry. He stated that he opposed Kentucky's exceptions to the federal standards and the administrative regulation's use of the 2005 federal update because the 2007 supplement that corrected the 2005 update was not included.
In response to a question by Co-Chair Tori, Mr. Ohlman stated that the food holding temperature for at-risk food should be forty-one (41) degrees, rather than forty-five (45) degrees because analyses demonstrated significant reduction in pathogen growth, such as the growth of lysteria, at the lower temperature. He stated that the administrative regulation as currently written allowed five (5) years before the lower temperature would be required. He further stated that the administrative regulation did not adequately protect against contagious disease because the alternative procedures for bare-hand food handling had been deleted. He stated the importance of these alternative procedures based on observations that many diseases were communicable prior to symptoms in the host.
Ms. Atkinson stated that the administrative regulation provided five (5) years for retailers to comply with the lower temperature because some smaller establishments needed more time to comply. She stated that many larger establishments already complied with the forty-one (41) degree holding recommendation for at-risk food.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct statutory citations; (2) to amend Section 2 to delete superfluous language; and (3) 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.
Department for Medicaid Services: Division of Community Alternatives: Payment and Services
907 KAR 3:210 & E. Acquired brain injury services long term care waiver and reimbursement. Leslie Hoffmann, assistant director; Stuart Owen, regulation coordinator; and Diane Pratt represented the division.
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 Section 1 to add definitions of “Axis I Diagnosis” and “human rights restrictions”; (3) to amend Sections 1 to 4 and 6 to 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 11 to incorporate by reference the Rancho Levels of Cognitive Functioning and the Kentucky Consumer Directed Option Employee Provider Contract. Without objection, and with agency agreement, the amendments were approved.
Department for Aging and Independent Living: Guardianship
910 KAR 2:020. Referral process for adult guardianship. Adanne H. Bagby, Guardianship Branch manager; David Boswell, Administrative Section supervisor; and Phyllis Culp, director, represented the cabinet.
In response to questions by Representative Ford, Ms. Culp stated that those persons who needed guardianship and were involved with criminal charges were either already a ward or were referred to the cabinet by the judicial system for assessment. She stated that the length of time for processing such a case was unknown. This administrative regulation did not make it easier or faster to address guardianship in these cases because of involvement of the judicial system. She stated that a family member may not be appropriate as the guardian for a number of reasons, including other family responsibilities, ability to care for the ward, and various other difficulties.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to clarify the procedures for opening a guardianship case; and (2) to amend Sections 1 through 4, 6, 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.
910 KAR 2:030. Accounting provisions for adult guardianship.
In response to a question by Representative Ford, Ms. Bagby stated that the cabinet controlled most of the money for living expenses and that the ward would lose eligibility if their personal and cabinet assets totaled more than $2,000.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to specify that the maximum allowable balance to be held in a ward’s personal spending account shall be $100; and (2) to amend Sections 4, 7, 11, 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.
910 KAR 2:040. Service provisions for adult guardianship.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 14 to add relevant citations; (2) to amend Section 16 to clarify the procedures for a ward’s personal belongings if a ward is moved from a facility to a psychiatric hospital; (3) to amend Section 25 to clarify the procedures for preneed and cremation authorizations; and (4) to amend Sections 1, 2, 4 through 17, 19, 21, and 23 through 26 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
910 KAR 2:050. Compensation for guardianship program services.
In response to questions by Senator Tapp, Ms. Bagby stated that the monthly compensation fee was previously established by statute and in another administrative regulation that was repealed. She stated that all the ward's needs, such as utilities, clothing, food, etc., had to be met before a fee was collected.
In response to a question by Co-Chair Tori, Ms. Culp stated that the fee was collected prior to implementation of this administrative regulation only in cases of large estates as the cabinet did not have guidelines for the fee collection previously.
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 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to delete an incorrect statement regarding maximum caseloads for case managers. Without objection, and with agreement of the agency, the amendments were approved.
Brain Injury
910 KAR 3:020. Behavioral services for individuals with brain injuries.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to specify the standards used to approve an extension of crisis intervention services beyond the original three (3) month timeframe; (2) to amend Section 5 to specify what types of training services shall be provided and the required curriculum for brain injury training programs for direct care staff members; and (3) to amend Sections 1 through 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.
The following administrative regulations were deferred to the April 14, 2009, meeting of the Subcommittee:
PERSONNEL CABINET: Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
FINANCE AND ADMINISTRATION CABINET: Teachers’ Retirement System: General Rules
102 KAR 1:070. Application for retirement.
102 KAR 1:105. 401(h) Account established under 26 U.S.C. 401(h).
102 KAR 1:170. Minimum distribution.
102 KAR 1:225. General compliance with federal tax laws.
102 KAR 1:230. Limitations on benefits.
102 KAR 1:240. Increase in compensation limit.
102 KAR 1:245. Rollovers and transfers of contributions to other plans.
GENERAL GOVERNMENT CABINET: Kentucky Board of Pharmacy: Board
201 KAR 2:050. Licenses and permits; fees.
Board of Optometric Examiners: Board
201 KAR 5:120 & E. Practice of optometry outside of regular office for a charitable purpose.
Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees.
Kentucky State Board of Hairdressers and Cosmetologists: Board
201 KAR 12:105. School districts.
Kentucky Board of Veterinary Examiners: Board
201 KAR 16:015. Fees.
Board of Architects: Board
201 KAR 19:035. Qualifications for examinations and licensures.
201 KAR 19:040. Examinations required; general provisions.
201 KAR 19:070. Duplicate certificates.
201 KAR 19:085. Fees.
201 KAR 19:087. Continuing education.
Board of Nursing: Board
201 KAR 20:400. Delegation of nursing tasks. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.
Ms. Beason stated that the board had not received public comments during the comment period, but had received extensive comments right before the meeting. In order to consider those comments Ms. Beason stated that the board wanted to defer consideration of this administrative regulation. Without objection, and with agreement of the Subcommittee and agency, this administrative regulation was deferred.
Board of Licensure for Marriage and Family Therapists: Board
201 KAR 32:025. Marriage and family therapists associate.
201 KAR 32:030. Fees.
201 KAR 32:042. Repeal of 201 KAR 32:042.
201 KAR 32:070. Complaint procedure.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: 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.
Division of Waste Management: Methamphetamines
401 KAR 101:001. Definitions for 401 KAR Chapter 101.
401 KAR 101:010. Contractor certification.
401 KAR 101:020. Financial requirements.
401 KAR 101:030. Tiered response system.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:090. Depository bond, penal sum. Larry Stinson, interim associate commissioner, and Kevin Brown, general counsel, represented the board.
In response to a question by Co-Chair Tori, Mr. Brown stated that the board agreed to defer consideration of this administrative regulation. Without objection, and with agreement of the Subcommittee and agency, this administrative regulation was deferred.
COUNCIL ON POSTSECONDARY EDUCATION: Adult Education and Literacy
785 KAR 1:010. GED Testing Program.
LABOR CABINET: Department of Workplace Standards: Division of Employment Standards; Apprenticeship Programs: Labor Standards; Wages and Hours
803 KAR 1:010. Registration of apprenticeship programs.
803 KAR 1:120. Prevailing wage posting requirements.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Office of Mine Safety and Licensing: Division of Mining
805 KAR 5:030. Prohibition against working or traveling under an unsupported roof; penalties.
Miner Training, Education and Certification
805 KAR 7:060. Program approval.
Sanctions and Penalties
805 KAR 8:060. Criteria for the imposition and enforcement of sanctions against licensed premises.
PUBLIC PROTECTION CABINET: Department of Insurance: Health Insurance Contracts
806 KAR 17:480. Uniform evaluation and reevaluation of providers.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:025 & E. Licensing thoroughbred racing.
Harness Racing
811 KAR 1:070 & E. Licensing standardbred racing.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Community Alternatives: Medicaid Services
907 KAR 1:585. Estate recovery.
907 KAR 1:645. Resource standards for Medicaid.
907 KAR 1:650. Trust and transferred resource requirements for Medicaid.
907 KAR 1:655. Spousal impoverishment and nursing facility requirements for Medicaid.
Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who were aged, blind, or have a disability.
Energy Assistance Program/Weatherization
921 KAR 4:116 & E. Low income home energy assistance program or "LIHEAP".
The Subcommittee adjourned at 11:00 a.m. until April 14, 2009.