The November meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, November 10, 2009, at 1:00 PM, in Room 154 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; Representative Leslie Combs, Co-Chair; Senators Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Joe Cowles, Personnel Cabinet; Jim Grawe, Board of Chiropractic Examiners; Jay Davidson, Margaret Haxlette, Kentucky Board of Social Work; Margaret Everson, Benjy Kinman, Rocky Pritchert, Department of Fish and Wildlife Resources; Donna Duncan, Catherine Staib, Chuck Willis, Economic Development Cabinet; Caroline Mudd, Mark Mangeot, Chuck Massarone, Joey Stanton, Charles Wilkerson, Verman Winburn, Kentucky Parole Board; Ann Dangelo, Kim Jenkins, Willie Payton, Randall Royer, Todd Shipp, Alice Wilson, Transportation Cabinet; Kevin Brown, Denise Hagan, Leigh Ann Welch, Charlotte Beason, Sandi Clark, Karen Erwin, Department of Education; Bill Denton, Clay Lamb, Education and Workforce Development Cabinet; Johnny Greene, Mike Haynes, Office of Mine Safety; William Nold, Department of Insurance; Michael Bennett, Dan Chapman, Department of Housing, Buildings and Construction; Carolyn Kisler, Anne Swinford, Mike Weinrauch, Cabinet for Health and Family Services.
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, November 10, 2009, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified
101 KAR 2:210 & E. 2010 Plan Year Handbook for the Public Employee Health Insurance Program. Joe Cowles, deputy executive director, represented the cabinet.
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.
GENERAL GOVERNMENT CABINET: Board of Chiropractic Examiners: Board
201 KAR 21:041. Licensing; standards, fees. Jim Grawe, general counsel, 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, as required by KRS 13A.220; (3) to amend Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend the forms incorporated by reference to conform to this administrative regulation and applicable statutory provisions. Without objection, and with agreement of the agency, the amendments were approved.
Board of Social Work: Board
201 KAR 23:075. Continuing education. Jay Davidson, vice chair; Jim Grawe, general counsel; and Margaret Hazlette, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) to amend Sections 1 to 8, 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:015. Boats and motor restrictions. Margaret Everson, counsel, and Benjy Kinman, deputy commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend Sections 1, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Game
301 KAR 2:225 & E. Dove, wood duck, teal and other migratory game bird hunting.
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 5 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority: Kentucky Reinvestment Act (KRA)
307 KAR 9:010 & E. Application for Kentucky Reinvestment Act Program. Donna E. Duncan, commissioner, and Catherine Staib, assistant general counsel, represented the authority.
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 Sections 2 and 3 to: (1) correct citations; 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.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Parole Board: Board
501 KAR 1:030. Determining parole eligibility. Caroline W. Mudd, parole board chair; Mark Mangeot, Justice and Public Safety Cabinet; and Verman R. Winburn, parole board member, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(1)(a) and (b) to limit the fifteen (15) percent initial parole eligibility date to nonviolent Class D offenders with a one (1) to five (5) year sentence in accordance with KRS 439.340(3)(a); (2) to amend Section 3(1)(d) to conform the parole eligibility standards for violent offenders to the violent offender statute, KRS 439.3401; (3) to amend Section 3(1)(p) to allow a two (2) member hearing panel for returning parolees in accordance with KRS 439.320(4); (4) to delete Section 3(2), eligibility standards for participants in the First Incarceration Shock Treatment (FIST) Program, as the program is no longer in effect; (5) to amend appeal procedures to require a quorum to overturn a denial of parole; and (6) 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.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Vehicle Licensing: Motor Vehicle Tax
601 KAR 9:130. Motor vehicle registration. Ann D'Angelo, assistant general counsel; Kim Jenkins, legislative liaison; and Todd Shipp, senior counsel and special assistant, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 9, 11 through 13, and 17 through 19 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 16 and 17 to clarify the procedure if a special license plate application is proposed to the General Assembly in addition to going through the routine procedure. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Office of Chief State School Officer
701 KAR 5:031. Repeal of 701 KAR 5:035. Kevin C. Brown, general counsel, and Denise Hagan, acting director, represented the department.
Food Service Program
702 KAR 6:010. Local responsibilities.
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 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
702 KAR 6:020. District school nutrition director.
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 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.
702 KAR 6:031. Repeal of 702 KAR 6:030.
702 KAR 6:040. Personnel; policies and procedures.
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 4 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
702 KAR 6:045. Personnel; school nutrition employee qualifications.
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 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.
702 KAR 6:075. Reports and funds.
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, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: to amend 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.
School Terms, Attendance and Operation
702 KAR 7:125. Pupil attendance.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 2, 3, 10, 12, and 16 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 3 to specify that a full day of attendance shall be recorded for a pupil in attendance at least sixty-five (65) percent, rather than more than eighty-four (84) percent, of the regularly-scheduled school day; and (5) to amend Section 14 to specify when to use the designation “Hispanic/Latino”. Without objection, and with agreement of the agency, the amendments were approved.
702 KAR 7:140. School district calendar.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify that this administrative regulation covers school calendars; 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.
Health and Physical Education Programs
704 KAR 4:020. School health services.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 2, 4, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend the material incorporated by reference to update one of the required forms. Without objection, and with agreement of the agency, the amendments were approved.
Department of Workforce Investment: Office of Career and Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:020. Compensation plan. Bill Denton, ombudsman, and Clay Lamb, staff attorney, represented the office.
In response to a question by Senator Kerr, Mr. Denton stated that the fee rate increase for a lesson plan was necessary based on the time it took to review the plan.
In response to questions by Representative Damron, Mr. Denton stated that the fee was last raised in Spring 2009 and that the estimated fiscal impact was $1,500. He also stated that all of the funding was federal.
780 KAR 3:072. Attendance, compensatory time, and leave for certified and equivalent service.
Unclassified Personnel Administrative Regulations
780 KAR 6:062. Attendance, compensatory time and leave for unclassified service.
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. Johnny Greene, executive director, and Mike Haines, general counsel, represented the division.
In response to a question by Co-Chair Combs, Mr. Greene stated that the administrative regulation was concerned with deleting superfluous adjudicating language. He also stated that the administrative regulation, as amended, would comply with current statutes.
A motion was made and seconded to approve the following amendments: (1) To amend the RELATES TO and STATUTORY AUTHORITY paragraphs to delete superfluous citations; (2) To amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) To amend Sections 1 through 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.
Miner Training, Education and Certification
805 KAR 7:060. Program approval.
A motion was made and seconded to approve the following amendments: (1) To amend the STATUTORY AUTHORITY paragraph to correct citations; (2) To amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) To amend Sections 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.
Sanctions and Penalties
805 KAR 8:060. Criteria for the imposition and enforcement of sanctions against licensed premises.
A motion was made and seconded to approve the following amendments: (1) To amend the RELATES TO paragraph to add a statutory citation; and (2) To amend Sections 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Health and Life Division: Trade Practices and Frauds
806 KAR 12:070. Life insurance application requirements. William Nold, director of the Health and Life Division, represented the division.
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 drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Life Insurance and Annuity Contracts
806 KAR 15:080. Paid-up life insurance policies.
In response to questions by Representative Damron, Mr. Nold stated that this administrative regulation only affected the reporting process. He also stated that the original reporting process provided for two (2) electronic reporting systems, but one (1) of the two (2) was never used and is being deleted because it was not used and it did not report data in a format the division needed. He added that the division had not yet had a request from a consumer regarding if a policy was paid up, but did have a system in place if such a request was received.
In response to questions by Representative Lee, Mr. Nold stated that a different administrative regulation was in place to address issues of disclosure to insureds regarding long-term care policies. He also stated that this administrative regulation only covered policies purchased after 2003, when rate stabilization was required based on actuarial tables. Policies in place prior to rate stabilization had a different process for approving rate increases. He added that the Department of Insurance had denied some rate increase requests.
In response to questions by Representative Damron, Mr. Nold stated that problems with insurance pools losing members who did not use the policies was not as big of an issue with long-term care policies as it had been with health policies, such as cancer policies. He also stated that the main problem was that the insurance industry had overestimated the number of policies that would lapse due to death or nonpayment. He added that the division had stringent disclosure requirements.
Representative Damron stated that it was difficult for many seniors to understand the complicated terms of these contracts even with the disclosure requirements.
A motion was made and seconded to approve the following amendment: to amend Section 5 to correct a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.
Health Insurance Contracts
806 KAR 17:020. Disclosure of other coverage in application.
A motion was made and seconded to approve the following amendments: (1) To amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly establish 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 drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:391E. Repeal of 806 KAR 17:390, 17:400, 17:410, 17:420, 17:430.
806 KAR 17:570 & E. Minimum standards for Medicare supplement insurance policies and certificates.
Department of Housing, Buildings, and Construction: Division of Building Code Enforcement: Manufactured Homes and Recreational Vehicles
815 KAR 25:100. Alternative dispute resolution and mediation program. Michael D. Bennett, staff attorney, and Dan Chapman, supervisor, represented the division.
In response to a question by Representative Lee, Mr. Chapman stated that local governments were authorized by statute to pass more stringent requirements than the state requirements for manufactured homes as long as the minimum state requirements were met.
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 make technical corrections; and (3) 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.
Electrical Inspectors
815 KAR 35:080. Code of ethics.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add a citation to the executive order that reorganized the department; and (2) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A; to add proof of compliance with KRS 227A.040(8), which requires the department to accept comments and advice from the Electrical Advisory Committee prior to promulgation of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: 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. Carolyn Kisler, audiology and early hearing development intervention branch manager, and Anne Swinford, division director, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(6) to specify a December 1 deadline to apply for continuing approval as an infant audiological assessment and diagnostic center; (2) to amend Section 5 to specify notice and hearing procedures for complaints against approved centers; (3) to amend Section 6(1) to require a center to submit documentation of referrals to the Kentucky Early Intervention System in accordance with KRS 211.647(5); (4) to amend Section 9(1) to clarify that the newborn auditory screening must include at least one (1) of the three (3) listed tests; and (5) to amend Sections 2, 3, 5, 6, 9, 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.
Other Business: Dave Nicholas introduced a new Subcommittee staff member, Chad Collins. Members of the Subcommittee welcomed Mr. Collins.
The following administrative regulations were deferred to the December 8, 2009, meeting of the Subcommittee:
COUNCIL ON POSTSECONDARY EDUCATION: Nonpublic Colleges
13 KAR 1:040. Definitions for independent colleges.
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified
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: Purchasing
200 KAR 5:315. Suspension.
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.
Board of Speech-Language Pathology and Audiology: Board
201 KAR 17:011. Requirement for interim licensure as a Speech Language Pathologist.
201 KAR 17:012. Requirements for licensure of a Speech-Language Pathologist.
201 KAR 17:025. Requirements for an interim license as a Speech-Language Pathology assistant.
201 KAR 17:027. Supervision requirements and caseload limitations of Speech-Language Pathology Assistants.
201 KAR 17:030. License fees and renewal requirements.
201 KAR 17:032. Requirements for interim licensure as an Audiologist.
201 KAR 17:034. Requirements for licensure as a Speech-Language Pathology Assistant.
201 KAR 17:036. Requirements for licensure for an Audiologist.
201 KAR 17:038. Caseload limitations.
201 KAR 17:041. Professional code of ethics.
201 KAR 17:090. Continuing education requirements.
201 KAR 17:100. Clinical practice by licensed speech-language pathologists and audiologists in the area of minor training.
Board of Podiatry: Board
201 KAR 25:012 & E. Licensing examinations.
Board of Licensed Professional Counselors: Board
201 KAR 36:060. Qualifying experience under supervision.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:030. Water treatment plant and water distribution system classification and staffing.
Division of Compliance Assistance: Certified Operators
401 KAR 11:001. Definitions for 401 KAR Chapter 11.
401 KAR 11:010. Boards of certification.
401 KAR 11:020. Standards of professional conduct for certified operators.
401 KAR 11:030. Wastewater treatment and collection system operators, classification and qualifications.
401 KAR 11:040. Water treatment and distribution system operators, classification and qualifications.
401 KAR 11:050. Operator certification.
Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020 & E. Corrections policies and procedures.
501 KAR 6:999 & E. Corrections secured policies and procedures.
Department of Kentucky State Police: Technical Services Division: Polygraph
502 KAR 20:020. Detection of deception examiners.
PUBLIC PROTECTION CABINET: 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.
Department for Aging and Independent Living: Division of Guardianship: Guardianship
922 KAR 5:061. Repeal of 922 KAR 5:060.
Department for Community Based Services: Division of Family Support: Community Action Agencies
922 KAR 6:010 & E. Standards.
The subcommittee adjourned at 1:55 p.m. until December 8, 2009.