The April meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, April 14, 2010, at 10:00 AM, 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; Senator Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Kathryn Gabhart, State Board of Elections; Beau Barnes, Kentucky Teachers' Retirement System; DeVon Hankins, Jeff Mosley, Travis Powell, Finance and Administration Cabinet; Larry Ball, Steve Lynn, Kentucky Law Enforcement Council; Ann Dangelo, Godwin Onodu, Todd Shipp, Nancy Albright, Transportation Cabinet; Todd Cassidy, Donald Smith, Tourism, Arts and Heritage Cabinet; Marc Guilfoil, Timothy West, Kentucky Horse Racing Commission; Dawn Bellis, Tim House, Richard Moloney, Department of Housing, Buildings, and Construction; Stephanie Brammer-Barnes, Mary Reinle Begley, Shirley Eldridge, Carol Hall, Marnie Mountjoy, Cabinet for Health and Family Services; Tony Senningre, Frank Henn Jr., Karen Hinkle, Debbie McGrath.
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 Wednesday, April 14, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
STATE BOARD OF ELECTIONS: State-based Administrative Complaint Procedure
31 KAR 6:010. State-based administrative complaint procedure. 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 insert a citation; (2) to amend the RELATES TO paragraph and Sections 3, 4, 5, 9, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 4 to change the window of time a complainant has to correct a deficiency in the complaint from seven (7) days to seven (7) working days of receipt of notice of the deficiency. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:160. Annuity tables. Beau Barnes, deputy executive secretary, represented the system.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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 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.
102 KAR 1:225. General compliance with federal tax laws.
Office of the Secretary: Purchasing
200 KAR 5:314. Disclosure of contractor's financial records and information to certain governmental entities. Jeff Mosley, general counsel, and Travis Powell, deputy general counsel, represented the office.
In response to questions by Representative Ford, Mr. Mosley stated that current contracts were always bonded, but that providing financial information was requested by contractors who worked with the Transportation Cabinet. He stated that the requirements pertained to all contractors.
In response to a question by Co-Chair Tori, Mr. Mosley stated that the amendments were recommended by the University of Kentucky to clarify that the Finance and Administration Cabinet did not determine if information was proprietary.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to state that records and prequalification information confidentially disclosed as part of the bid process shall not be directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c); (2) to amend the RELATES TO paragraph and Section 1 to comply with the drafting 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 Chapter 13A. Without objection, and with agreement of the agency the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council
Council
503 KAR 1:140 & E. Peace officer, telecommunicator, and court security officer professional standards. Larry Ball, executive director, and Steve Lynn, assistant general counsel, represented the council.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to clarify the physical ability testing requirements for precertification status; and (2) to amend the RELATES TO paragraph and Sections 4 through 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.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Vehicle Licensing: Division of Motor Carriers
601 KAR 1:220. Theft of motor fuel; procedures to obtain motor vehicle record. Ann D'Angelo, assistant general counsel; Godwin Onodu, assistant director; and Todd Shipp, special assistant and senior counsel, represented the division.
In response to questions by Representative Lee, Mr. Shipp stated that a motor fuel retailer may request the motor fuel theft report even if law enforcement was not immediately notified. Ms. D'Angelo and Mr. Onodu stated that the form required verification of the retailer or association's status in order to prevent an unlawful request for information. Mr. Shipp stated that the form was available online on the division's Web site. He stated that penalties already existed for an unlawful request for information at both the state and federal levels.
In response to questions by Senator Pendleton and Co-Chair Tori, Ms. D'Angelo stated that KRS 411.406 required the agency to promulgate an administrative regulation to provide for the motor fuel theft report. Mr. Shipp stated that the agency was also obligated pursuant to federal law to protect the privacy of certain driver information, which privacy protection was indirectly affected by this administrative regulation. Mr. Onodu stated that there had not been requests for the report, except for a recent request that could not be processed because the motor fuel retailer did not have the vehicle license plate numbers. Mr. Shipp stated that the agency established the fee for the report at three (3) dollars commensurate with a statutory fee for a similarly sized report. He stated that, if the public began requesting these reports, there would be a slight increase in cost to the agency but that the agency expected to be able to absorb that cost.
In response to a question by Representative Ford, Mr. Shipp stated that, without a vehicle license plate number, the agency would not be able to generate the report.
In response to questions by Co-Chair Combs, Mr. Onodu stated that the division did not have statistics regarding if there had been a decrease in the need for this administrative regulation since the authorizing statute became effective. Mr. Shipp stated that the need seemed to have significantly decreased. Mr. Onodu stated that the fee was related to the cost of generating a title history.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1(1) to lower the fee for the report from ten (10) dollars to three (3) dollars; (2) to amend Section 2(1) to revise the form incorporated by reference; 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.
Department of Highways: Division of Maintenance: Right-of-Way
603 KAR 4:045. Cultural and recreational supplemental guide signs. Nancy Albright, director of maintenance; Ann D'Angelo, assistant general counsel; and Todd Cassidy, executive director, Economic Community Development, 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; (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, 3, 5, and 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 12 to update material incorporated by reference. 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 1:070 & E. Licensing Standardbred racing. 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 14 to delete the prohibition on firearm possession by a licensee on racing association grounds; (2) to completely revise Section 9 regarding search and seizure to limit: (a) the locations subject to search to those places authorized by statute; (b) the items subject to seizure to those in violation of a KHRC statute or administrative regulation, KRS Chapter 230 or KAR Title 810 or 811; and (c) out of competition testing to those authorized by administrative regulation, 811 KAR 1:240; (3) to completely revise Section 4 regarding driver's licenses for clarification and to incorporate by reference, rather than repeat, the U.S. Trotting Association licensing provisions; (4) to amend Sections 2 and 5 and the licensing application to update the licensing categories and to delete unused licensing categories; (5) to amend Section 10 to require employers to report to the commission discharged licensees; (6) to amend Section 23 to: (a) incorporate by reference Rule 17, Sections 1 through 10, of the U.S. Trotting Association; and (b) update the licensing application and the veterinarian approval form; and (7) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2 through 6, 9 through 14, 16 through 21, and 23 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 Housing, Buildings and Construction: Division of Heating, Ventilation and Air Conditioning: Heating, Ventilation and Air Conditioning Licensing Requirements
815 KAR 8:070. Installation permits. Dawn Bellis, general counsel; Tim House, director and acting manager, Heating Ventilation, and Air Conditioning; and Richard Moloney, commissioner, represented the department.
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; (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 incorporate the permit applications by reference. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 8:080. Inspections and tests.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 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.
815 KAR 8:090. Fees and refunds.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE, RELATES TO paragraph, and Sections 1 through 3 to comply with the drafting and format requirements of KRS Chapter 13A; 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.
Division of Plumbing: Plumbing
815 KAR 20:050 & E. Installation permits.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Office
906 KAR 1:180 & E. Operation and services; personal services agencies. Mary Reinle Begley, inspector general, represented the cabinet.
In response to questions by Representative Lee, Ms. Begley stated that this administrative regulation did not affect home health services. She stated that this administrative regulation only applied to a nonmedical model of care. She added that the "administration of medication" had a legal definition that included evaluation of an individual; therefore, giving a preprepared dose of insulin or other medication did not constitute "administration of medication" and was not prohibited by this administrative regulation.
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.222; and (2) to amend the RELATES TO paragraph and Sections 1 through 4, 6, 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.
Department for Aging and Independent Living: Division of Quality Living: Aging Services
910 KAR 1:260. Kentucky Family Caregiver Program. Shirley Eldridge, internal policy analyst; Carol Hall, social services specialist; and Marnie Mountjoy, internal policy analyst, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to include citations to KRS Chapter 205; (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 include additional necessary definitions; (4) to amend Section 7 to clarify the department and district responsibilities regarding exception requests; and (5) to amend the RELATES TO paragraph and Sections 1 through 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.
The following administrative regulations were deferred to the May 11, 2010, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Division of Sales and Use Taxes: Sales and Use Tax; Administration and Accounting
103 KAR 31:310. Sourcing of digital property.
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.
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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Healthcare: Health Services and Facilities
902 KAR 20:400. Limited services clinics.
The subcommittee adjourned the meeting at 10:55 a.m. until May 11, 2010.