The December meeting of the Administrative Regulation Review Subcommittee was held on Monday, December 14, 2009, at 1:00 PM, in Room 171 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, Robert Damron, and Jimmie Lee.
Guests: Kathryn Gabhart, Sarah Bell Johnson, State Board of Elections; DeVon Hankins, Tom Howard, Travis Powell, Robert Ramsey, Finance and Administration Cabinet; Lee Harris, Kentucky Real Estate Commission; Kellie Ellis, Victoria Gnaff, Frances Short, Michael West, Board of Speech-Language Pathology and Audiology; Stacia Alford, Clint Quarles, Kentucky Department of Agriculture; Peter Goodman, Abby Powell, Julie Roney, EEC: Division of Water; Aaron Keatley, EEC: Division of Compliance Assistance; Sean Alteri, Laura Lund, Andrea Smith, EEC: Division for Air Quality; Steve Lynn, Jonathan Milby, Department of Corrections; Morgain Sprague, Mark Mangeot, Kentucky State Police; Ann D'Angelo, Kim Jenkins, Godwin Onodu, Willie Payton, Rick Taylor, Tom Zawacki, Transportation Cabinet; Dawn Bellis, Department of Housing, Buildings and Construction; Shane O'Donley, Office of Health Policy; Lee Barnard, Stuart Owen, Department for Medicaid Services; Elizabeth Caywood, Mike Grimes, Department for Community Based Services; Virgie Clayton, Shirley Eldridge, Department for Aging and Independent Living; Gail Amburgey, Division of Family Support.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Chad Collins, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
The December meeting of the Administrative Regulation Review Subcommittee was held on Monday, December 14, 2009 at 1:00 p.m., in Room 171 of the Capitol Annex. Representative Leslie Combs, Co-Chair, called the meeting to order, the roll call was taken. The minutes of the November 2009 meeting were approved.
Present were:
Members: Senators David Givens and Elizabeth Tori and Representatives Leslie Combs, Robert Damron, and Jimmie Lee.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Chad Collins, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
Guests: Kathryn Gabhart, Sarah Bell Johnson, State Board of Elections; DeVon Hankins, Tom Howard, Travis Powell, Robert Ramsey, Finance and Administration Cabinet; Lee Harris, Kentucky Real Estate Commission; Kellie Ellis, Victoria Gnaff, Frances Short, Michael West, Board of Speech-Language Pathology and Audiology; Stacia Alford, Clint Quarles, Kentucky Department of Agriculture; Peter Goodman, Abby Powell, Julie Roney, EEC: Division of Water; Aaron Keatley, EEC: Division of Compliance Assistance; Sean Alteri, Laura Lund, Andrea Smith, EEC: Division for Air Quality; Steve Lynn, Jonathan Milby, Department of Corrections; Morgain Sprague, Mark Mangeot, Kentucky State Police; Ann D'Angelo, Kim Jenkins, Godwin Onodu, Willie Payton, Rick Taylor, Tom Zawacki, Transportation Cabinet; Dawn Bellis, Department of Housing, Buildings and Construction; Shane O'Donley, Office of Health Policy; Lee Barnard, Stuart Owen, Department for Medicaid Services; Elizabeth Caywood, Mike Grimes, Department for Community Based Services; Virgie Clayton, Shirley Eldridge, Department for Aging and Independent Living; Gail Amburgey, Division of Family Support.
The Administrative Regulation Review Subcommittee met on Monday, December 14, 2009, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY STATE BOARD OF ELECTIONS: Statewide Voter Registration
31 KAR 3:010. Current address of Kentucky registered voters and distribution of voter registration lists. Kathryn Gabhart, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete 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 3 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to revise the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Private Activity Bond Allocation Committee
200 KAR 15:010. Formula for allocation of private activity bonds. Tom Howard, executive director, and Travis Powell, deputy general counsel, represented the committee.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 11, 12, and 13 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 11:250. 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 a question by Representative Damron, Ms. Harris stated that 201 KAR 11:190 was the administrative regulation with which stakeholders had remaining concerns and that administrative regulation had been deferred to the January 2010 meeting.
In response to a question by Co-Chair Combs, Ms. Harris stated that Representative Ford's questions had all been addressed.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to clarify that prior to the expiration of a listing agreement, a seller: (a) may be contacted about a relisting agreement by the seller's own broker, or sales associate of that broker; (b) cannot be contacted by another broker about a subsequent listing agreement; and (c) may initiate contact himself with another broker about a subsequent listing agreement; 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.
Board of Speech-Language Pathology and Audiology: Board
201 KAR 17:011. Requirement for interim licensure as a Speech Language Pathologist. Kellie C. Ellis, acting board chair; Dr. Victoria Gnaff, speech language audiologist; and Michael West, assistant attorney general, 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, as required by KRS 13A.220; (2) to amend Section 1 to specify the accredited programs, the documentation required to be submitted with the Application for Interim License, and the criteria for granting an extension of the postgraduate professional experience; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:012. Requirements for licensure of a Speech-Language Pathologist.
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 Section 1 to specify accredited programs; and (4) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:025. Requirements for an interim license as a Speech-Language Pathology.
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 1 to specify accredited programs; (3) to amend Section 3 to specify criteria for granting an extension of the postgraduate professional experience; and (4) 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.
201 KAR 17:027. Supervision requirements and caseload limitations of Speech-Language Pathology Assistants.
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 6 and 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to establish a new Section 10 to delineate caseload requirements. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:030. License fees and renewal requirements.
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 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:032. Requirements for interim licensure as an Audiologist.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert 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 Section 1 to specify accredited programs and criteria for granting an extension of the postgraduate professional experience; and (4) to amend the Title, the RELATES TO and STATUTORY AUTHORITY paragraphs, and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:034. Requirements for licensure as a Speech-Language Pathology Assistant.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 the Title, the RELATES TO paragraph, 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.
201 KAR 17:036. Requirements for licensure for an Audiologist.
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 the Title and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:038. Caseload limitations.
In response to questions by Representative Damron, Ms. Ellis stated that the caseload cap was the same; therefore, no fiscal impact was expected. She also stated that licensees had been thoroughly notified of the changes to program requirements that were proposed in these administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete 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 the Title, the STATUTORY AUTHORITY paragraph, 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.
201 KAR 17:041. Professional code of ethics.
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 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.
201 KAR 17:090. Continuing education requirements.
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 through 5, 7, 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.
201 KAR 17:100. Clinical practice by licensed speech-language pathologists and audiologists in the area of minor training.
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.
DEPARTMENT OF AGRICULTURE: Office of Agriculture Marketing and Promotion: Marketing and Product Promotion
302 KAR 39:020. Kentucky Small Farm Wineries Support Fund. Stacia Alford, marketing specialist, and Clint Quarles, staff attorney, represented the office.
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. Peter Goodmann, assistant director, and Julie W. Roney, drinking water coordinator, represented the division.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) make technical corrections; and (2) clarify requirements. Without objection, and with agreement of the agency, the amendments were approved.
Division of Compliance Assistance: Certified Operators
401 KAR 11:001. Definitions for 401 KAR Chapter 11. Aaron Keatley, director, represented the division.
In response to a question by Co-Chair Combs, Mr. Keatley stated that the administrative regulations were applicable statewide and were based on statute. He stated that the existing requirements were being consolidated into 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.
A motion was made and seconded to approve the following amendments: to amend Section 2 to make technical formatting corrections. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 11:040. Water treatment and distribution system operators, classification and qualifications.
A motion was made and seconded to approve the following amendments: to amend Section 2 to make technical formatting corrections. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 11:050. Operator certification.
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.
Division for Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001 & E. Definitions for 401 KAR Chapter 51. Sean Alteri, assistant director, and Andrea Smith, branch manager, represented the division.
In response to a question by Representative Damron, Mr. Alteri stated that these administrative regulations did not affect local governments' ability to burn storm debris because those requirements were established in 401 KAR 63:005.
A motion was made and seconded to approve the following amendment: to amend Section 1(118) to correct a citation format. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 51:017 & E. Prevention of significant deterioration of air quality.
In response to a question by Senator Givens, Mr. Alteri stated that the requirement for a major source that emits more than 100 tons of nitrogen oxides per year to conduct ambient air quality analysis for ozone applied only if there was a new facility or a facility modification. He also stated that currently the division was aware of approximately eight (8) permit reviews that may be impacted by this requirement.
401 KAR 51:052 & E. Review of new sources in or impacting upon nonattainment areas.
A motion was made and seconded to approve the following amendment: to amend Section 5(1) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020 & E. Corrections policies and procedures. Steve Lynn, assistant general counsel, and Jonathan Milby, staff attorney, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend CPP 1.2 to delete the procedures for news media during an execution as the procedures are being moved to another administrative regulation; (2) to amend CPP 19.3 to reflect current practices of the department; (3) to amend CPP 15.4 to limit the time credit for program completion to drug and other treatment programs, as required by the current budget bill, 2008 Ky. Acts ch.127; and (4) 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.
501 KAR 6:999 & E. Corrections secured policies and procedures.
This administrative regulation was reviewed and amended, without objection and with agreement of the agency, by the Subcommittee in closed session pursuant to KRS 61.810(1)(k), 61.815(2), and 197.025(6).
Department of Kentucky State Police: Technical Services Division: Polygraph
502 KAR 20:020. Detection of deception examiners. Morgain Sprague, legal counsel, represented the department.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Drivers License: Certification of Title
601 KAR 23:010. Classic motor vehicle project. Ann D'Angelo, assistant general counsel, and Godwin Onodu, assistant director, represented the division. Steve Lynn, classic motor vehicle owner, appeared in support of this administrative regulation.
In response to questions by Co-Chair Tori, Mr. Onodu stated that a classic motor vehicle project was one that pertains to a vehicle: (1) at least twenty-five (25) years old; (2) that had not been branded salvaged or rebuilt; and (3) that was not currently titled in Kentucky. He stated that these were not roadworthy vehicles and that, at the time they became roadworthy, they would be eligible for a regular motor vehicle title. He added that a statutory change would be required to make getting a title easier in Kentucky.
In response to questions by Representative Lee, Mr. Onodu stated that an existing roadworthy vehicle was not eligible for a classic motor vehicle project title, but that the owner may apply for a historic vehicle sticker. He stated that a classic motor vehicle project title expired once a vehicle became roadworthy.
Mr. Lynn stated that he had been in the process of completing a 1965 Mustang restoration and that he had applied for and received a classic motor vehicle project title. He stated that the process seemed smooth and that the classic motor vehicle project title was more desirable than a salvage or rebuilt title.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to clarify that the application form shall be notarized; and (4) to revise the application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings, and Construction: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:070. The Kentucky Certified Building Inspector Program. Dawn Bellis, general counsel, represented the division.
In response to a question by Co-Chair Tori, Ms. Bellis stated that the administrative regulation did not increase building costs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add 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 insert a definition for "ICC test module"; (4) to amend Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 3 to clarify annual continuing education requirements. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. Shane O'Donley, policy advisor, represented the office.
Department for Medicaid Services: Division of Medical Management: Medicaid Services
907 KAR 1:715. School-based health services. Lee Barnard, assistant director, and Stuart Owen, regulation coordinator, represented the division.
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.
Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:060 & E. Federal Title IV-E adoption assistance. Elizabeth Caywood, policy analyst, and Mike Grimes, adoption manager, represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 6 for clarification 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.
Department for Aging and Independent Living: Division of Guardianship: Adult Services
922 KAR 5:061. Repeal of 922 KAR 5:060. Virgie Clayton, branch manager, and Shirley Eldridge, internal policy analyst III, represented the division.
Department for Community Based Services: Division of Family Support: Community Action Agencies
922 KAR 6:010 & E. Standards. Elizabeth Caywood, policy analyst, represented the division.
In response to questions by Representative Damron, Ms. Caywood stated that the division reviewed community budgets and conducted annual on-site audits. She stated that the division also reviewed board meeting minutes. She added that the community action agencies had a certain amount of autonomy, but that specific concerns may warrant investigation by the division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add relevant definitions; (2) to amend Section 7 to specify monitoring and evaluation procedures; and (3) to amend Sections 1, 4, 6, and 7 for clarification 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.
Other Business: Dave Nicholas, committee staff administrator, apprised ARRS members of two (2) recent court opinions that may affect administrative regulations.
The following administrative regulations were deferred to the January 11, 2010, 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.
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.
Board of Barbering: Board
201 KAR 14:056. Repeal of 201 KAR 14:055.
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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:142. Spring wild turkey hunting.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Drivers License: Driver's License
601 KAR 12:060. Hardship driver's license.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Division of Licensing: Thoroughbreds
810 KAR 1:025 & E. Licensing thoroughbred racing.
810 KAR 1:034 & E. Licensing of racing association.
Harness Racing
811 KAR 1:034 & E. Licensing of racing associations.
811 KAR 1:070 & E. Licensing standardbred racing.
The subcommittee adjourned at 2:05 p.m. until January 11, 2010.