Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> January Meeting

of the 2010 Interim

 

<MeetMDY1> January 11, 2010

 

The<MeetNo2> January meeting of the Administrative Regulation Review Subcommittee was held on<Day> Monday,<MeetMDY2> January 11, 2010, at<MeetTime> 1:00 PM, in<Room> Room 149 of the Capitol Annex. Senator Elizabeth Tori, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

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

 

Guests:  Robert King, Sarah Levy, Dennis Taulbee, Council on Postsecondary Education; Mike Carr, Education Professional Standards Board; Katie Gabhart, Sarah Bell Johnson, State Board of Elections; Karen Greenwell, Noel Record, Hartsel Stovall, Board of Barbering; Nathan Goldman, Board of Nursing; Michael West, Board of Dietitians and Nutritionists; Misty Judy, Darin Moore, Karen Waldrop; Robert Stout, Clint Quarles, Kentucky Department of Agriculture; Patrick Garrity, Peter Goodman, Abby Powell, EEC: Division of Water; Jeff Gatewood, Karen Jones, Clay Lamb, Linda Pierce, Education and Workforce Development Cabinet; Latasha Buckner, Marc Guilfoil, Timothy West, Kentucky Horse Racing Commission; Dawn Bellis, Tim House, George Mann, Richard Moloney, Department of Housing, Buildings and Construction; Chandra Venettozzi, Karen Cooke, Shirley Eldridge, Phyllis Sosa, Elizabeth Caywod, Cathy Cox, Steve Veno, Mary Sparrow, Linda Lingle, Cabinet for Health and Family Services; Gary Cox, Corey Roblee, Jim Thompson.

 

LRC Staff:  Dave Nicholas, Donna Little, Sarah Amburgey, Chad Collins, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.

 

The Administrative Regulation Review Subcommittee met on Monday, January 11, 2010, and submits this report:

 

Administrative Regulations Reviewed by the Subcommittee:

 

COUNCIL ON POSTSECONDARY EDUCATION: Nonpublic Colleges

 

13 KAR 1:020. Private college licensing. Robert King, president; Sarah Levy, senior associate of academic affairs; and Dennis Taulbee, general counsel, represented the council.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend 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 definitions applicable to this administrative regulation; (4) to amend Sections 1 through 16 to: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) clarify provisions; and (5) to amend the Kentucky Licensure Fee Schedule to: (a) delete references to an administrative regulation that has been withdrawn; and (b) clarify that a change in the fee schedule requires an amendment to this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.

 

13 KAR 1:050. Licensed out-of-state college's eligibility for Kentucky tuition grant.

 

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 insert definitions applicable to this administrative regulation; and (4) to amend Sections 1 through 7 to: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) clarify provisions. Without objection, and with agreement of the agency, the amendments were approved.

 

EDUCATION PROFESSIONAL STANDARDS BOARD: Administrative Certificates

 

16 KAR 2:010. Kentucky teaching certificates. Mike Carr, director of educator certification, represented the board.

 

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

 

16 KR 2:120. Emergency certification and out-of-field teaching.

 

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

 

16 KAR 2:200. Probationary endorsement for teachers for English as a second language.

 

KENTUCKY STATE BOARD OF ELECTIONS: Electronic Voting Systems

 

31 KAR 2:010. Preparation of ballots and voting systems prior to election day. Katie Gabhart, general counsel, and Sarah Ball Johnson, executive director, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 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.

 

31 KAR 2:020. Accuracy test and setting of voting systems prior to election day.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

GENERAL GOVERNMENT CABINET: Board of Barbering: Board

 

201 KAR 14:056. Repeal of 201 KAR 14:055. Karen Greenwell, board administrator; Noel Record, chair; and Hartsel Stovall, board member, represented the board.

 

Board of Nursing: Board

 

201 KAR 20:163. Standards for approved evaluators. Nathan Goldman, general counsel, represented the board.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 20:230. Renewal of licenses.

 

Kentucky Board of Licensure and Certification for Dieticians and Nutritionists: Board

 

201 KAR 33:010. Fees. Michael West, assistant attorney general, 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; and (3) to amend Section 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 33:015. Application; approved programs.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to revise the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 33:020. Renewals.

 

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 Section 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 33:030. Continuing education requirements for licensees and certificate holders.

 

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 5, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 1 to establish the standards the board shall use to determine audit selection; and (5) to revise the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 33:050. 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; and (3) to amend Sections 1 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.

 

TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game

 

301 KAR 2:221 & E. Waterfowl seasons and limits. Misty Judy, staff attorney; Darin Moore, administrative director; and Karen Waldrop, wildlife division director, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1 and 5 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

301 KAR 2:222 & E. Waterfowl hunting requirements on public lands.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to provide specific days for the mobility-impaired and youth-mentor waterfowl hunts; and (2) to amend Sections 1, 4, 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.

 

GENERAL GOVERNMENT CABINET: Department of Agriculture: Office of State Veterinarian: Division of Animal Health: Livestock Sanitation

 

302 KAR 20:040. Entry into Kentucky. Clint Quarles, staff attorney, and Dr. Robert C. Stout, state veterinarian, represented the division. Karen Waldrop, wildlife division director, Department of Fish and Wildlife Resources appeared in support of this administrative regulation.

 

In response to questions by Senator Pendleton, Dr. Stout stated that the importation of animal carcasses from other states was not addressed in this administrative regulation. Ms. Waldrop also stated that these requirements did not apply to interstate "pass throughs" of animal carcasses. She further stated that affected parties had been notified of these proposed administrative regulation changes.

 

In response to a question by Representative Damron, Ms. Waldrop stated that Department of Fish and Wildlife Resources understood the need for a statutory revision.

 

In response to questions by Senator Givens, Dr. Stout stated that the original fee for a five (5) year permit was twenty-five (25) dollars. He further stated that if a farmer needed to dispose of an animal carcass before the facility was issued a permit, this disposal could take place in a timely manner by a prompt inspection from the division. The division had thirty (30) inspectors available across Kentucky. He stated that the division had educated farmers of these proposed administrative regulation changes through university and agricultural extension agency outreach.

 

Senator Givens encouraged the department to ensure that all farmers were aware of these administrative regulation changes.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) to amend Sections 1, 3, 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.

 

302 KAR 20:052. Animal carcass composting.

 

A motion was made and seconded to approve the following amendments: (1) amends Section 1 to correct citations; and (2) 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.

 

ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply

 

401 KAR 8:040. Laboratory certification. Patrick Garrity, environmental scientist, and Peter Goodmann, assistant executive director, represented the division.

 

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; and (3) to amend Sections 2, 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.

 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Employment Services

 

787 KAR 2:020. Confidentiality of records of the Office of Employment and Training. Jeff Gatewood, program leader; Clay Lamb, staff attorney; and Linda Pierce, branch manager, represented the office.

 

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

 

PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Division of Licensing: Harness Racing

 

811 KAR 1:020. Registration and identification of horses. Latasha Buckner, general counsel; Marc A. Guilfoil, deputy executive director; and Timothy West, assistant general counsel, represented the commission.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to specify that a microchip used to identify a horse shall comply with international standard ISO 11784, as amended in 2004; (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 3, 4, 5, 6, 8, and 9 to: (a) update citations; (b) incorporate required standards by reference; and (c) comply with the drafting and format requirements of KRS Chapter 13A; and (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. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Housing, Buildings and Construction: Division of Heating, Ventilation and Air Conditioning: Heating, Ventilation, and Air Conditioning Licensing Requirements

 

815 KAR 8:010. Master heating, ventilation, and air conditioning (HVAC) contractor licensing requirements. Dawn Bellis, general counsel, and Tim House, acting director of the division of HVAC, represented the division.

 

In response to a question by Representative Ford, Mr. House stated that the current fee for a master HVAC examination was $160.

 

In response to questions by Representative Damron, Mr. House stated that at least one (1) licensed journeyman HVAC mechanic was required to be present with an apprentice performing HVAC work. He stated that it was difficult to license apprentice HVAC mechanics, even though they were required to receive federal prevailing wage minimums for applicable contracts, because these apprentices did not usually comply with division administrative regulation requirements. He added that the federal Department of Labor had been challenged regarding prevailing wage requirements for apprentice HVAC mechanics and that it was determined through that challenge that the requirements did not affect HVAC licensure requirements.

 

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; (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 clarify that the license application shall be notarized; (4) to amend Section 4 to establish that the examination fee shall not exceed $160; (5) to amend Sections 1, 2, 4, 5, 6, 7, and 9 to comply with the drafting and format requirements of KRS Chapter 13A and for consistency with other administrative regulations within this chapter; and (6) to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 8:020. Journeyman heating, ventilation, and air conditioning (HVAC) mechanic licensing requirements.

 

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; (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 and 8 to comply with the drafting and format requirements of KRS Chapter 13A and for consistency with other administrative regulations within this chapter; and (4) to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 8:050. Continuing education requirements for heating, ventilation and air conditioning license holders.

 

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 through 5 to comply with the drafting and format requirements of KRS Chapter 13A and for consistency with other administrative regulations within this chapter. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 8:060. Requirements for approval of continuing education course and providers.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 the RELATES TO paragraph and Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A and for consistency with other administrative regulations within this chapter; and (4) to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

Plumbing

 

815 KAR 20:090. Soil, waste, and vent systems. Dawn Bellis, general counsel, and Tim House, director, Division of Plumbing, represented the division.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: E-Health

 

900 KAR 7:030. Data reporting by health care providers. Chandra Venettozzi, health data administrator, represented the office.

 

Department for Aging and Independent Living: Division of Quality Living: Aging Services

 

910 KAR 1:150. Program and certification requirements for the private pay adult day and Alzheimer's respite program. Phyllis Sosa, branch manager, represented the division.

 

In response to a question by Representative Lee, Ms. Sosa stated that there was one (1) certified private pay adult day and Alzheimer's respite program and that there were several others proposed.

 

Co-Chair Tori stated that she had visited the certified facility and found it to be beneficial for the community.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 6, 8, 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.

 

910 KAR 1:160. Program and certification requirements for the Adult day and Alzheimer's respite program.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 6, 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.

 

Office of Human Resource Management: Division of Employee Management: Administration

 

920 KAR 1:070. Deaf and hard of hearing services. Elizabeth Caywood, internal policy analyst, and Cathy Cox, manager of the Equal Employment Opportunity Branch, represented the division.

 

A motion was made and seconded to approve the following amendment: to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.

 

920 KAR 1:090. Client civil rights complaint process.

 

A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to add a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.

 

Department for Income Support: Child Support Enforcement: Child Support

 

921 KAR 1:400. Establishment, review, and modification of child support and medical support orders. Elizabeth Caywood, internal policy analyst; Mary Sparrow, child support supervisor; and Steve Veno, deputy commissioner, represented the department.

 

In response to a question by Senator Pendleton, Mr. Veno stated that the Uniform Interstate Family Support Act forced states to cooperate and enforce child support agreements as if each agreement was from the enforcing state.

 

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

 

K-TAP, Kentucky Works, Welfare to Work, State Supplementation

 

921 KAR 2:017 & E. Kentucky works supportive services.

 

Department for Community Based Services: Commissioner's Office: Child Welfare

 

922 KAR 1:320. Service appeals.

 

A motion was made and seconded to approve the following amendments: to amend Sections 4 and 8 to clarify terminology. Without objection, and with agreement of the agency, the amendments were approved.

 

Division of Child Care: Day Care

 

922 KAR 2:020. Child care assistance program (CCAP) improper payments, claims, and penalties.

 

922 KAR 2:160. Child care assistance program.

 

The following administrative regulations were deferred to the February 8, 2010, meeting of the Subcommittee:

 

FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Property Valuation: Ad Valorem Tax; Administration

 

103 KAR 5:180 & E. Procedures for sale of certificates of delinquency by county clerks.

 

103 KAR 5:190 & E. State registration requirements and application process for purchasing certificates of delinquency; fees; and definitions for related entities and related interest.

 

Office of the Secretary: Purchasing

 

200 KAR 5:315. Suspension.

 

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

 

201 KAR 10:050. Fees.

 

Kentucky Real Estate Commission: Commission

 

201 KAR 11:190. Disciplinary proceedings.

 

Board of Physical Therapy: Board

 

201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.

 

Board of Podiatry: Board

 

201 KAR 25:012 & E. Licensing examinations.

 

Board of Licensure for Marriage and Family Therapists: Board

 

201 KAR 32:035. Supervision of marriage and family therapist associates.

 

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: Fish

 

301 KAR 1:016. Use of lands and waters on lakes owned or controlled by the department.

 

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.

 

Department for Natural Resources: Division of Mine Permits: Permits

 

405 KAR 8:015 & E. Processing assessments.

 

TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Drivers License: Driver's License

 

601 KAR 12:060. Hardship driver's license.

 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department for Libraries and Archives: Public Records Division: Archives

 

725 KAR 1:025. Transfer of public records.

 

Libraries

 

725 KAR 2:070. Certification renewal of public librarians.

 

FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Procedures

 

750 KAR 1:010 & E. Commission procedures.

 

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.

 

Department of Housing, Buildings and Construction: Division of Building Code Enforcement: Kentucky Building Code

 

815 KAR 7:125. Kentucky Residential Code. Dawn Bellis, general counsel; Tim House, director; and George Mann, deputy commissioner, represented the division. Corey Roblee appeared in opposition to this administrative regulation.

 

In response to a question by Representative Ford, Ms. Bellis stated that she did not know if a complaint was filed with the Executive Branch Ethics Commission regarding the Kentucky Electrical Advisory Committee and the proposed adoption of the National Fire Prevention Association's Fuel Gas Code 54.

 

In response to questions by Representative Lee, Ms. Bellis stated that the determination of which gas code standard to use was based on the Kentucky Electrical Advisory Committee decision as to which agency was expected to provide the best guidance for emergency services personnel. Mr. Mann stated that this administrative regulation did not propose to change requirements for family residences.

 

Mr. Corey Roblee appeared in opposition to this administrative regulation but stated that he wished to defer his comments until this administrative regulation was next considered by the Subcommittee.

 

Co-Chair Tori asked if the division would defer consideration of this administrative regulation until information was received from the Executive Branch Ethics Commission. Ms. Bellis stated that the division agreed to the deferral. Without objection, and with agreement of the agency, this administrative regulation was deferred to the February 8, 2010 meeting.

 

The subcommittee adjourned at 2 p.m. until February 8, 2010.