The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 13, 2009, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Leslie Combs, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Elizabeth Tori, Co-Chair; Representative Leslie Combs, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Danny Ford, and Jimmie Lee.
Guests: Robert Brown, Angela Evans, Education Professional Standards Board; Joe Cowles, Mary Elizabeth Harrod, Personnel Cabinet; Tamela Biggs, Kentucky Teachers' Retirement System; Bruce Nix, Lisa Swiger, Richard Dobson, Jim Oliver, Department of Revenue; Lee Harris, Kentucky Real Estate Commission; Mary Bailey, Stephen Boyd, Board of Hairdressers and Cosmetologists; Fran Belvin, James Grawe, Frances Short, Board of Licensure for Professional Art Therapists; Dawn Powers, Katie Smith, Catherine Staib, Cabinet for Economic Development; Abby Powell, Ron Price, Bruce Scott, Division of Water; Carl Campbell, James Dickinson, Division of Mine Reclamation and Enforcement; Kim Collings, Division of Oil and Gas; Patricia Cooksey, Nicole Biddle, Marc Guilfoil, Kentucky Horse Racing Commission; Michael Bennett, Michael Green, Dawn Bellis, Richard Moloney, Department of Housing, Buildings and Construction; Jason Bentley, Kentucky Oil and Gas Association.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, October 13, 2009, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Board
16 KAR 7:010. Kentucky Teacher Internship Program. Robert Brown, division director, and Angela Evans, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Sections 4, 6, 7, 8, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 7 to clarify that the maximum stipend is per teacher intern. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Board
101 KAR 2:102 & E. Classified leave administrative regulations. Joe R. Cowles, deputy executive director, and Mary Elizabeth Harrod, director, represented the board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 5, 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.
Personnel Cabinet, Unclassified
101 KAR 3:015 & E. Leave administrative regulations for the unclassified service.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 5, and 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 5(2) to insert language included in the parallel administrative regulation for classified employees that was not included in this administrative regulation, authorizing an appointing authority to require an employee not in a policy-making position who has accrued 200 hours of compensatory leave to take off work using compensatory leave in an amount sufficient to reduce the compensatory leave balance below 200 hours. Without objection, and with agreement of the agency, the amendments were approved.
TEACHERS' RETIREMENT SYSTEM: General Rules
102 KAR1:310. Benefit eligibility conditions for members providing part-time and substitute services. Tamela A. Biggs, staff attorney, represented the system.
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.
FINANCE AND ADMINISTRATION CABINET: Kentucky Department of Revenue: Office of Income Taxation: Income Tax; Individual
103 KAR 17:150 & E. New home credit. Bruce Nix, director, 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 Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 3 to require that a denial letter be sent to a buyer if the application is denied to notify the buyer of the appeal rights available under KRS 131.110. Without objection, and with agreement of the agency, the amendments were approved.
Division of Miscellaneous Taxes: Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:130 & E. New motor vehicle trade-in allowance.
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 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.
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Commission: Commission
201 KAR 11:121. Improper conduct. Lee Harris, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Section 1 to: (a) return to the list of improper conduct the advertising of guaranteed sales plans without required disclosures; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:215. License recognition; application requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete an unnecessary definition; and (2) to amend Sections 1, 2, and 3 to correct citations 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.
201 KAR 11:300. Use of facsimile and electronic-mail transmissions; electronic storage.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Section 3 to specify that a document received by email, like a document received by fax, must be placed in the licensee’s file; (3) to amend Section 1 to delete outdated provisions; and (4) to amend Sections 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.
201 KAR 11:450. Broker management course.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 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.
Board of Hairdressers and Cosmetologists: Board
201 KAR 12:105 & E. School districts. Stephen Boyd, vice chair, and Mary Bailey, board secretary, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 6 to provide criteria to establish need; (3) to amend Section 7 to: (a) provide criteria to establish economic feasibility; and (b) provide all requirements for the application process; (4) to create a new Section 9 to incorporate by reference the required application; and (5) to amend Sections 1 to 4 and 6 to 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Art Therapists: Board
201 KAR 34:010. Licensure of professional art therapies. Fran Bevin, board chair, and Jim Grawe, assistant attorney general, represented the board.
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.
201 KAR 34:015. Examination.
201 KAR 34:020. Fees.
A motion was made and seconded to approve the following amendment: to amend Section 5 to correct a typographical error. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 34:030. Continuing education requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
201 KAR 34:040. Code of ethics.
A motion was made and seconded to approve the following amendments: to amend Sections 2 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.
201 KAR 34:050. Complaint procedure.
CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority: Kentucky Business Investment Program
307 KAR 8:010 & E. Application for Kentucky business investment programs. Catherine Staib, assistant general counsel, and Katie Smith, deputy commissioner, represented the authority.
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 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.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality
401 KAR 5:310. Surface water permit fees. Bruce Scott, commissioner, represented the department.
In response to questions by Representative Ford, Mr. Scott stated that while the department did not require on-site inspectors for water line extensions, local jurisdictions might have local ordinances requiring the on-site inspectors. The department reviewed post-construction certifications submitted to it for quality assurance and investigated on-site if complaints were received.
Department for Natural Resources: Division of Mine Reclamation and Enforcement: Performance Standards for Surface Mining Activities
405 KAR 16:140. Disposal of coal mine waste. Carl Campbell, commissioner, and Jim Dickinson, division director, represented the department.
In response to questions by Representative Lee and Co-Chair Combs, Mr. Campbell stated that this administrative regulation and 405 KAR 18:140 were amended to mirror federal regulations and were not more stringent than the federal regulations. The changes were in the best interests of the industry and were good for the community.
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 2 to establish a twenty-four (24) hour deadline for notifying the cabinet if an inspection discloses a potential hazard; and (4) to amend Sections 2, 3, 4, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Performance Standards for Underground Mining Activities
405 KAR 18:140. Disposal of coal mine waste.
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 2 to establish a twenty-four (24) hour deadline for notifying the cabinet if an inspection discloses a potential hazard; and (4) to amend Sections 2, 3, 4, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Energy Development and Independence: Division of Oil and Gas Conservation: Division
805 KAR 1:190. Gathering lines. Carl Campbell, commissioner, and Kim Collings, division director, represented the department. Jason Bentley, Kentucky Oil and Gas Association, appeared in support of this administrative regulation.
In response to questions by Representative Ford, Ms. Collings stated that the changes were being made to comply with statutory changes that went into effect June 25, 2009.
At the September 8, 2009, meeting of the Administrative Regulation Review Subcommittee, 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 add authorizing language; (3) to amend Section 13(5) to clarify provisions; and (4) to amend Sections 1, 3, 11, 12, 13, 15, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to add language concerning the Executive Order that reorganized the agency into the “Energy and Environment Cabinet”; (2) to amend Section 11(5)(b) to clarify that the line marker requirements for slopes greater than twenty (20) degrees shall apply to lines installed after June 25, 2009; and (3) to amend Sections 1 and 18 to change the name of the “Division of Oil and Gas Conservation” to the “Division of Oil and Gas.” Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Division of Licensing: Thoroughbred Racing
810 KAR 1:004. Stewards. Nicole Biddle, acting general counsel, Patty Cooksey, director of marketing, and Marc Guilfoil, deputy executive director, represented the commission.
At the September 8, 2009, meeting of the Administrative Regulation Review Subcommittee, a motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 for organization and clarity; (2) to amend Sections 1 and 2 to use statutory terminology; and (3) to amend 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.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1(1)(b) to state that a steward must have passed a written and oral examination, instead of a written or oral examination as originally drafted; and (2) to amend Section 1(1)(c) to delete the indefinite requirement that a steward be of good moral character and reputation. Without objection, and with agreement of the agency, the amendments were approved.
Harness Racing
811 KAR 1:015. Race officials.
At the September 8, 2009, meeting of the Administrative Regulation Review Subcommittee, a motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 4 to use statutory terminology; and (2) to amend Sections 2, 4, 8, 11, 12, 14, and 22 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2(2)(b) to state that a judge must have passed a written and oral examination, instead of a written or oral examination as originally drafted; and (2) to amend Section 2(2)(c) to delete the indefinite requirement that a judge be of good moral character and reputation. Without objection, and with agreement of the agency, the amendments were approved.
Department of Housing, Buildings and Construction: Board of Home Inspectors: Kentucky Board of Home Inspectors
815 KAR 6:010. Home inspector licensing requirements and maintenance of records. Mike Bennett, staff attorney, and David Michael Green, chair, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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 2 to: (a) establish material to be submitted with the application for licensure; and (b) clarify the waiting period after a failed examination before an applicant is eligible to retake the test; (4) to amend Section 5 to establish material to be submitted with the application for license renewal; (5) to amend Sections 1 through 8 and 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (6) to amend Section 10 to clarify ramifications for a licensee who fails to provide applicable information after a name change. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 6:020. Advertising by home inspectors.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend 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.
Division of Building Code Enforcement: Electrical Inspectors
815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060. Dawn Bellis, general counsel, and Richard Moloney, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert citations; (2) to amend Section 6 to clarify that an applicant shall have ten (10) business days to file an appeal; and (3) to amend Sections 2 through 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 35:090. Electrical training program standards.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Section 7 to insert criteria for the Interim Credential Form; and (3) to amend Sections 1, 3, 4, 5, 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.
The following administrative regulations were deferred to the November 10, 2009, meeting of the Subcommittee:
PERSONNEL CABINET: Board
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
101 KAR 2:120. Incentive programs.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Property
200 KAR 5:315. Debarment.
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Commission: Commission
201 KAR 11:190. Disciplinary proceedings.
201 KAR 11:250. Listing and purchase contracts and other agreements entered into by licensees; provisions required; seller-initiated relisting request disclosure form. Lee Harris, general counsel, represented the commission.
In response to questions by Representative Ford, Ms. Harris stated that this administrative regulation should be amended to clarify that a licensee from a company’s broker could contact existing customers to inquire about relisting a property but that licensees from a different company’s broker could not contact customers that currently have property listed with a different licensee unless the seller initiated the contact.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to specify that a relisting agreement can be negotiated only if the seller initiated contact with the licensee; and (2) to amend the RELATES TO paragraph and Sections 1, 2, 4, 5, and 6 to correct statutory citations 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. Without objection, and with agreement of the agency, this administrative regulation as amended was deferred to the November meeting of the Subcommittee.
Kentucky Board of Social Work: Board
201 KAR 23:075. Continuing education.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Office of Chief State School Officer
701 KAR 5:031. Repeal of 701 KAR 5:035.
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.
Office of Chief State School Officer
702 KAR 7:125. Pupil attendance.
702 KAR 7:140. School district calendar.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Office of Mine Safety and Licensing: 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 and Life Division: Trade Practices and Frauds
806 KAR 12:070. Life insurance application requirements.
Life Insurance and Annuity Contracts
806 KAR 15:080. Paid-up life insurance policies.
Health Insurance Contracts
806 KAR 17:020. Disclosure of other coverage in application.
806 KAR 17:391E. Repeal of 806 KAR 17:390, 17:400, 17:410, 17:420, 17:430.
Kentucky Horse Racing Commission: Division of Licensing: Harness Racing
811 KAR 1:070 & E. Licensing standardbred racing.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:125. Certificate of Need annual surveys, and registration requirements for new magnetic resonance imaging units.
Commission for Children with Special Health Care Needs: Division of Clinical and Augmentative Services: Children with Special Health Care Needs Services
911 KAR 1:085. Early hearing detection and intervention program.
The subcommittee adjourned at 1:50 p.m. until November 10, 2009.