Administrative Regulation Review Subcommittee

Minutes of the<MeetNo1> April Meeting

of the 2009 Interim

<MeetMDY1> April 14, 2009

The<MeetNo2> April meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> April 14, 2009, at<MeetTime> 10:00 AM, in<Room> Room 149 of the Capitol Annex. Representative Leslie Combs, Chair, called the meeting to order, and the secretary called the roll.

Present were:

Members:<Members> Representative Leslie Combs, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Elizabeth Tori; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.

Guests: Sue Cain, Ron Carson, Dennis Taulbee, Council on Postsecondary Education; Beau Barnes, Ky Teachers' Retirement System; Devon Hankins, Travis Powell, Robert Ramsey, Jr, Office of Financial Management; Steve Hart, Kentucky Board of Pharmacy; Mark Brengelman, Connie Calvert, Jerald Combs, Board of Optometric Examiners; Rex Cecil, Tony Goetz, Kentucky Board of Architects; Becky Klusch, Board of Physical Therapy; Carolyn Kyler, Division of Occupations and Professions; Frances Short, Tony Watkins, Kentucky Board of Marriage and Family Therapists; Chad Halsey, Chad Miller, Clint Quarles, Gary Wheeler, Department of Agriculture; BJ Helton, Council on Postsecondary Education; Mike Dixson, Dan Walton, Labor Cabinet; Tom Dockter, Carole Jacobs, Lucretia Johnson, Pamela Knight, Dwight Lovan, Charles Lowther, Karen Mercer, Department of Workers' Claims; DJ Wasson, Department of Insurance; John Forgy, Kentucky Horse Racing Commission; Stephanie Brammer-Barnes, Office of Inspector General; Elizabeth Caywood, Marilyn Ferguson, Karen Martin, Stuart Owen, Karla Thompson, and Sharon Vinyard, Cabinet for Health and Family Services; Nancy Galvagni, Stephen Miller, Sarah S. Nicholson, Kentucky Hospital Association; Paula Pabon, Kentucky Farm Bureau Insurance Company.

LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Emily Caudill, and Laura Napier.

The Administrative Regulation Review Subcommittee met on Monday, April 14, 2009, and submits this report:

COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions

13 KAR 2:020. Guidelines for admission to the state-supported postsecondary education institutions in Kentucky. Dr. Sue Cain, coordinator of the Developmental Education and College Readiness Initiative, and Dennis L. Taulbee, general counsel, represented the council.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct statutory citations; and (2) to amend Sections 2, 3, 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.

The Administrative Regulation Review Subcommittee met on Monday, April 14, 2009, and submits this report:

Administrative Regulations Reviewed by the Subcommittee:

COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions

FINANCE AND ADMINISTRATION CABINET: Teachers’ Retirement System: General Rules

102 KAR 1:070. Application for retirement. Beau Barnes, deputy executive secretary and general counsel, represented the system.

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; (3) to amend Section 1 to clarify requirements that were previously stated in the application form; (4) to amend Sections 1 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:105. 401(h) Account established under 26 U.S.C. 401(h).

Sections 1 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:170. Minimum distribution.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend 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 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:225. General compliance with federal tax laws.

A motion was made and seconded to approve the following amendments: (1) to amend the title for consistency; (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (4) to amend Sections 1 and 3 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:230. Limitations on benefits.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend 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 Section 1 to consolidate all definitions; (4) to amend Sections 1, 2, and 4 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:240. Increase in compensation limit.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

102 KAR 1:245. Rollovers and transfers of contributions to other plans.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Sections 1 and 2 to comply with KRS Chapter 13A; and (3) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.

Office of the Secretary: Kentucky Private Activity Bond Allocation Committee

200 KAR 15:010E. Formula for allocation of private activity bonds. Travis Powell, staff attorney, and Robert Ramsey, Jr., financial analyst, represented the office.

In response to a question by Representative Damron, Mr. Ramsey stated that the purpose of this administrative regulation was to comply with the statutory requirements that changed the money allocations to sixty (60) and forty (40) percent.

GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board

201 KAR 2:050. Licenses and permits; fees. Steve Hart, inspection and investigations coordinator, represented the board.

Board of Optometric Examiners: Board

201 KAR 5:120 & E. Practice of optometry outside of regular office for a charitable purpose. Connie Calvert, executive director, and Dr. Jerald Combs, board president, represented the board.

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; (3) to amend Sections 2, 4, and 5 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) to add Section 6 to require that eyeglasses provided shall be new and first quality. Without objection, and with agreement of the agency, the amendments were approved.

Board of Architects: Board

201 KAR 19:035. Qualifications for examinations and licensures. Mark Brengelman, assistant attorney general; Rex Cecil, executive director; and Tony Goetz, public board member, represented the board.

A motion was made and seconded to approve the following amendments: to amend Sections 2 and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 19:040. Examinations required; general provisions.

A motion was made and seconded to approve the following amendment: to amend Section 6 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.

201 KAR 19:070. Duplicate certificates.

A motion was made and seconded to approve the following amendment: to amend Section 1 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.

201 KAR 19:085. Fees.

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

201 KAR 19:087. Continuing education.

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 3, 5, and 7 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Board of Physical Therapy: Board

201 KAR 22:070. Requirements for foreign-educated physical therapists. Becky Klusch, executive director, and Mark Brengelman, assistant attorney general, represented the board.

Board of Licensure for Marriage and Family Therapists: Board

201 KAR 32:020. Equivalent course of study. Carolyn Kyler, board administrator; Frances Short, director, Division of Occupations and Professions; and Tony Watkins, board chair, represented the board.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to comply with format standards; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to: (a) correct a statutory citation; and (b) 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 6 to: (a) make technical corrections; and (b) 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 32:035. Supervision of marriage and family therapist associates.

A motion was made and seconded to approve the following amendments: (1) to amend the Title and the RELATES TO and STATUTORY AUTHORITY paragraphs to comply with format standards; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (3) to amend Section 1 to add a definition and correct a date; (4) amends Sections 1 through 4 and 6 through 8 to comply with the drafting and format requirements of KRS Chapter 13A; (5) to add a SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (6) to add the Diagnostic and Statistical Manual of Mental Disorders to the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 32:042. Repeal of 201 KAR 32:042.

201 KAR 32:070. Complaint procedure.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 through 4, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (5) to amend the Complaint Form and Instructions incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

Department of Agriculture: Division of Regulation and Inspection: Amusement Rides

302 KAR 16:010. Business identification number required. Chad Halsey, branch manager, and Clint Quarles, staff attorney, represented the division.

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete a term that is not used in the administrative regulation; (2) to amend Section 3 to delete a provision requiring a form that is no longer used; and (3) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 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.

302 KAR 16:020. Inspection and operation of amusement rides and amusement attractions.

A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, 6, 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.

302 KAR 16:030. Determination of administrative or safety violations which cannot be corrected immediately; section stop order.

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

302 KAR 16:040. Correction of safety violations and right to reinspection.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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.

302 KAR 16:070. Reports of injuries involving amusement rides and amusement attractions.

A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to delete language that repeated provisions of KRS 247.233; and (2) 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. Without objection, and with agreement of the agency, the amendments were approved.

302 KAR 16:080. Qualifications and inspection criteria for bungee-jumping or similar apparatus permit.

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to move requirements out of the definitions section; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3 through 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.

302 KAR 16:091. Rides and attractions not included in the definition of amusement ride or attraction.

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

302 KAR 16:101. Operate amusement ride or device defined.

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

302 KAR 16:111 & E. Violations, revocations and suspensions of business identification number.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 for clarity 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.

302 KAR 16:121. Inflatable rides or attractions.

A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 3 through 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.

302 KAR 16:131. Maintenance and repair of amusement ride or attractions.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.

302 KAR 16:140. Amusement rides or attractions not requiring an operator.

A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and 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.

COUNCIL ON POSTSECONDARY EDUCATION: Adult Education and Literacy

785 KAR 1:010. GED Testing Program. Dr. B.J. Helton, senior associate, and Dennis L. Taulbee, general counsel, represented the council.

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 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.

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. Mike Dixon, commissioner, and Dan Walton, executive assistant, represented the division.

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to cite to statutory definitions and place the terms in alphabetical order; (2) to amend Sections 3 and 4 to delete requirements that are provided by statute; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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.

803 KAR 1:120. Prevailing wage posting requirements.

A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and 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.

Department of Workers' Claims: Department

803 KAR 25:091. Workers' compensation hospital fee schedule. Tom Dockter, staff attorney, and Dwight Lovan, commissioner, represented the department.

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to create a new Section 10 to incorporate by reference the required forms; and (3) to amend Sections 3 and 4 to specify that the commissioner’s determination shall be made upon the written documents submitted by the requesting hospital. Without objection, and with agreement of the agency, the amendments were approved.

PUBLIC PROTECTION CABINET: Department of Insurance: Health Insurance Contracts

806 KAR 17:083. Kentucky long-term care partnership insurance program. D.J. Wasson, staff assistant, and Sharon Clark, commissioner, represented the department.

Kentucky Horse Racing Commission: Thoroughbred Racing

810 KAR 1:012. Horses. John Forgy, general counsel, represented the commission.

A motion was made and seconded to approve the following amendments: (1) to amend Section 10 to use the term “riding crop” instead of “whip” in conformity with the remainder of this administrative regulation and industry usage; (2) to amend Section 10(10)(a) to specify the standards used for the inspection and approval of riding crops; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.

810 KAR 1:016. Running of the race.

In response to a question by Co-Chair Tori, Mr. Forgy stated that this administrative regulation established requirements to determine excessive use of riding crops based on judgment calls of the stewards during races.

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to include EO 2008-668, which established the commission and transferred all authority, functions, and responsibilities of the Kentucky Horse Racing Authority to the commission; and (2) to amend Sections 5 and 7 through 17 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 1:215. Kentucky Standardbred Development Fund.

A motion was made and seconded to approve the following amendment: to amend Section 24(3) to change the deadline for disbursement of funds from August 15 to December 15. Without objection, and with agreement of the agency, the amendment was approved.

CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Inspector General: Health Services and Facilities

902 KAR 20:106 & E. Operation and services; ambulatory surgical center. Stephanie Brammer-Barnes, regulation coordinator, represented the office.

Representative Lee commended the cabinet for this administrative regulation's topical approach to explaining the twenty-four (24) hour limitations.

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, 2, 5, 6, and 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.

Department for Medicaid Services: Division of Community Alternatives: Medicaid Services

907 KAR 1:170 & E. Reimbursement for home and community based waiver services. Stuart Owen, regulation coordinator, represented the department.

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. Elizabeth Caywood, internal policy analyst, represented the department.

A motion was made and seconded to approve the following amendments: to amend Sections 3, 6, 7, and 12 to update internal references 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.

Energy Assistance Program/Weatherization

921 KAR 4:116 & E. Low income home energy assistance program or "LIHEAP".

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

The following administrative regulations were deferred to the May 12, 2009, meeting of the Subcommittee:

PERSONNEL CABINET: Classified

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

GENERAL GOVERNMENT CABINET: Board of Examiners and Registration of Landscape Architects: Board

201 KAR 10:050. Fees.

Board of Veterinary Examiners: Board

201 KAR 16:015. Fees.

Board of Licensure for Marriage and Family Therapists: Board

201 KAR 32:025. Marriage and family therapists associate. Carolyn Kyler, board administrator; Frances Short, director, Division of Occupations and Professions; and Tony Watkins, board chair, represented the board.

In response to questions by Representative Damron, Mr. Watkins stated that the board did not expect to be solvent over the next three (3) years and thus needed to raise fees. He stated that approximately $12,200 had been swept from the fund by the General Assembly and that these were the first proactive, proposed fee increases since the inception of the board. He further stated that the licensed members understood the need for the fee increases and that, if funds were swept again, the board did not intend to request a redress of grievances with the subcommittee.

In response to questions by Representative Lee, Mr. Watkins stated that future projected expenses necessitated the proposed fee increases and that licensed members were notified through the association's newsletter and at the state association meeting. He stated that approximately 500 persons would be impacted by the fee increases but that he could not guarantee that ninety (90) percent of members were aware of the proposal.

Representative Lee stated that each member needed to be notified of the proposed fee increases by direct letter from the board.

In response to questions by Representative Ford, Mr. Watkins stated that it was not possible to predict whether or not future board funds would be swept by the General Assembly. He stated that approximately 330 out of 400 licensed members were present at the state association meeting when the proposed fee increases were presented.

In response to questions by Co-Chair Tori, Mr. Watkins stated that the board had not proposed fee increases since the inception of the board in 1995 and that the board had projected carryover funds through 2011. He stated that the average carryover since 2007 was between $85,000 and a negative balance.

A motion was made and seconded to approve the following amendments: (1) to amend the Title and STATUTORY AUTHORITY paragraph to comply with format standards; (2) to amend Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to amend an application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

In response to questions by Co-Chair Tori and Representative Ford, Mr. Watkins agreed to defer consideration of this administrative regulation and 201 KAR 32:030, both as amended, to the May 12 meeting of the Subcommittee. Without objection, and with agreement of the Subcommittee and agency, this administrative regulation was deferred.

201 KAR 32:030. Fees.

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 6 and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to amend material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

In response to questions by Co-Chair Tori and Representative Ford, Mr. Watkins agreed to defer consideration of this administrative regulation and 201 KAR 32:025, both as amended, to the May 12 meeting of the Subcommittee. Without objection, and with agreement of the Subcommittee and agency, this administrative regulation was deferred.

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.

401 KAR 101:040. Cleanup and sampling requirements.

EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance

702 KAR 3:090. Depository bond, penal sum.

Facilities Management

702 KAR 4:160. Capital Construction process.

Food Service Programs

702 KAR 6:010. Local responsibilities.

702 KAR 6:020. District school nutrition director.

702 KAR 6:031. Repeal of 702 KAR 6:030.

702 KAR 6:040. Personnel; policies and procedures.

702 KAR 6:045. Personnel; school nutrition employee qualifications.

702 KAR 6:075. Reports and funds.

702 KAR 6:090. Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports.

School Terms, Attendance and Operation

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

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.

102 KAR 1:070. Application for retirement. Beau Barnes, deputy executive secretary and general counsel, represented the system.

102 KAR 1:105. 401(h) Account established under 26 U.S.C. 401(h).

A motion was made and seconded to approve the following amendments: (1) to amend the title for consistency; (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (4) to amend Sections 1 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to correct the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.