Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 14, 2010, at 1:00 PM, in Room 149 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 David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Kevin Winstead, Attorney General's Office; Rob Carter, DeVon Hankins, Ricky Haven, Finance and Administration Cabinet; Jennifer A. Jones, Kentucky Retirement Systems; Michael Burleson, Board of Pharmacy; Charlotte Beason, Nathan Goldman, Board of Nursing; Fran Belvin, James Grawe, Frances Short, Board of Licensure for Professional Art Therapists; Ryan Halloran, Board of Interpreters for Deaf and Hard of Hearing; Todd Cassidy, William Dexter, Margaret Everson, Ron Brooks, R.C. Stout, Tourism, Arts and Heritage Cabinet; Clint Quarles, Department of Agriculture; Janine Coy-Geeslin, Mark Johnson, Cabinet for Economic Development; Cathy Zion, Commission on Small Business Advocacy; Millie Ellis, Lora Goins, Laura Lund, Andrea Smith, Division for Air Quality; Amy Barker, Barney Kinman, Mark Mangeot, Justice and Public Safety Cabinet; Morgain Sprague, Kentucky State Police; Ann D'Angelo, Bill Gorton, Godwin Onodu, Transportation Cabinet; Kevin Brown, Kay Kennedy, Clay Lamb, Education and Workforce Development Cabinet; Wayne Onkst, Department for Libraries and Archives; Sandy Chapman, Robin Coombs, Frank Goins, Jill Mitchell, Al Perkins, DJ Wasson, Department of Insurance; Timothy A. West, Horse Racing Commission; Betsy Johnson, Stuart Owen, Neville Wise, Department for Medicaid Services.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, September 14, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
OFFICE OF THE ATTORNEY GENERAL: Consumer Protection Division: Division of Consumer Protection
40 KAR 2:350. Debt adjusters. Kevin Winstead, assistant attorney general, represented the office.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Sales and Excise Taxes: Sales and Use Tax; Administrative and Accounting
103 KAR 31:102. Rebate for a governmental public facility. Ricky Haven, director of the Division of Sales and Use Taxes, and Robert Carter, tax advisor, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 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.
Kentucky Retirement Systems: General Rules
105 KAR 1:190 & E. Qualified domestic relations orders. Jennifer Jones, assistant general counsel, represented the systems.
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 STATUTORY AUTHORITY paragraph to make a technical correction; (3) to amend Sections 1 through 7, 10 through 20, 23, 25, and 27 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 27 to revise three (3) forms incorporated by reference to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:330. Emergency pharmacy powers. Mike Burleson, executive director, 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 add citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for the administrative regulation; 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.
Board of Nursing: Board
201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.
201 KAR 20:070. Licensure by examination.
201 KAR 20:110. Licensure by endorsement.
201 KAR 20:162. Procedures for disciplinary hearings pursuant to KRS 314.091.
201 KAR 20:225. Reinstatement of licensure.
201 KAR 20:230. Renewal of licenses.
A motion was made and seconded to approve the following amendments: to amend Section 4 to delete the requirement that certain applicants submit the FBI fingerprint card upon request of the board. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:240. Fees for applications and for services.
201 KAR 20:370. Applications for licensure.
201 KAR 20:411. Sexual assault nurse examiner program standards and credential requirements.
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards.
Board of Licensure for Professional Art Therapists: Board
201 KAR 34:020. Fees. Fran Belvin, board chair; Jim Grawe, assistant attorney general; and Frances Short, executive director, Division of Licensing and Occupations, represented the board.
Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:050 & E. Renewal of licenses and extension of temporary licenses. Frances Short, executive director, Division of Licensing and Occupations, and Ryan Halloran, assistant attorney general, represented the board.
TOURISM, ARTS AND HERITAGE CABINET: Office of the Secretary: Office
300 KAR 2:040. Kentucky Film Industry Incentives Application and Fees. Todd Cassidy, secretary’s office, and William Dexter, general counsel, represented the office.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
Department of Fish and Wildlife Resources: Fish
301 KAR 1:010. Commercial boat docks, concession stands, and boat rental facilities. Margaret Everson, assistant attorney general, and Ron Brooks, director of fisheries, represented the department.
In response to a question by Senator Givens, Mr. Brooks stated that this administrative regulation established procedural requirements not specific construction requirements.
A motion was made and seconded to approve the following amendments: to amend Section 2 to: (1) list the standards that the department will use to make a recommendation to the commission; and (2) list the information to be reviewed by the commission when making a decision on the application. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:410. Taking of fish by nontraditional fishing methods.
DEPARTMENT OF AGRICULTURE: Division of State Veterinarian: Office of Animal Health: Livestock Sanitation
302 KAR 20:020. General requirements for interstate and intrastate movement of animals. Dr. Robert Stout, state veterinarian, and Clint Quarles, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to specify that USDA back tags: (a) may be used for identification on slaughter animals if the animals are moving from a state-federal approved stockyard directly to a slaughter facility; and (b) cannot be used as identification for animals entering into Kentucky; and (2) to amend the RELATES TO 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.
302 KAR 20:050. Carcasses.
In response to a question by Senator Givens, Dr. Stout stated that animal carcasses could be transported by licensed commercial vendors or a farmer’s private vehicle, as long as the vehicle had an impervious bottom to prevent fluid leakage to the road.
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 specify citations; 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.
302 KAR 20:115 & E. Vesicular stomatitis.
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.
Livestock
302 KAR 21:005 & E. Animal disease to be reported.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 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.
CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority: Authority
307 KAR 1:060. Kentucky small business investment credit program. Janine Coy-Geeslin, staff attorney; Cathy Zion, acting chair; and Mark Johnson, branch manager, represented the authority.
In response to a question by Senator Givens, Ms. Coy-Geeslin stated that one percent of the fee was refundable if the applicant did not qualify for a tax refund. The fee and refunds for this program are structured similar to other tax credit programs in Kentucky.
A motion was made and seconded to approve the following amendments: (1) to create a new Section 3 to clarify when a business is eligible to apply for the program; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division for Air Quality: New Source Standards
401 KAR 59:015. New indirect heat exchangers. Andrea Smith, program manager, and Millie Ellis, program analyst, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 7(5) to make technical corrections to formulae. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Special Law Enforcement Officers
500 KAR 2:020. Filing and processing SLEO commissions. Amy Barker, assistant general counsel; Barney Kinman, program administrator; and Mark Mangeot, legislative liaison, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to specify that the commission certificate is sent to the governmental unit and that the governmental unit provides an identification card to the officer; and (2) to amend Sections 1, 4, 6 to 8, and 11 to 15 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Special Local Peace Officers
500 KAR 3:020. Filing and processing SLPO commissions.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 2 to 4 and 6 to 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.
Department of Kentucky State Police: Forensic Laboratory: DNA
502 KAR 32:010. Centralized database for DNA identification records. Morgain Sprague, legal counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to specify that DNA samples from qualifying offenders shall be collected by authorized personnel as required by statute, KRS 17.169 and 17.170; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 7, and 8 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: Motor Vehicle Licensing: Motor Vehicle Tax
601 KAR 9:015. Registration of motor vehicles and manufacturing. Ann D’Angelo, assistant general counsel, and Godwin Onodu, assistant director of the Division of Motor Vehicle Licensing, resented the department.
A motion was made and seconded to approve the following amendments: 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.
Kentucky Bicycle and Bikeway Commission: Motorcycle and Bicycle Safety
601 KAR 14:030. Bicycle and bikeway program. Ann D’Angelo, assistant general counsel, and Bill Gordon, commission chair, resented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:130 & E. Approval of innovative alternative school calendars. Kevin Brown, general counsel, and Kay Kennedy, director of the Division of District Support, represented the board.
In response to a question by Representative Ford, Mr. Brown stated that the 2010-2011 budget bill authorized schools to develop innovative alternative school calendars, in which the equivalent number of school days was scheduled over fewer days that were longer than six (6) hours each day.
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 1 to correct a formatting error. Without objection, and with agreement of the agency, the amendments were approved.
Department for Libraries and Archives: Public Records Division: Archives
725 KAR 1:061. Records retention schedules; authorized schedules. Clay Lamb, staff attorney, and Wayne Onkst, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 2 to delete a form and renumber the section accordingly. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Agent Licensing Division: Agent, Consultants, Solicitors and Adjusters
806 KAR 9:001. Prelicensing courses of study; instructors. D.J. Wasson, staff assistant, and Sandy Chapman, assistant director of the Agent Licensing Division, represented the department.
A motion was made and seconded to approve the following amendments: 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.
806 KAR 9:060. Identification cards.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY 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.
806 KAR 9:070. Examinations.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a citation; and (2) to amend Sections 6 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.
806 KAR 9:121. Repeal of 806 KAR 9:120, 806 KAR 9:130, 806 KAR 9:250 and 806 KAR 9:280.
Health and Life Division: Health Insurance Contracts
806 KAR 17:180. Standard health benefit plan. D.J. Wasson, staff assistant; Jill Mitchell, rates and forms branch manager; and Bill Perkins, division director, represented the department.
Division of Kentucky Access: Health Insurance Contracts
806 KAR 17:540. ICARE Program high-cost conditions.
806 KAR 17:545. ICARE Program employer eligibility, application process, and requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Section 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:555. ICARE Program requirements.
Division of Property and Casualty: Liability Self-Insurance Groups
806 KAR 46:050. Liability self-insurance group rate, underwriting and evidence of coverage fillings. D.J. Wasson, staff assistant; Robin Coomes, assistant director; and Frank Goins, division director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to delete language that repeats the provisions of KRS 304.13-051(5); (2) to amend Section 6 to incorporate by reference a form; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 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.
Kentucky Horse Racing Commission: Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:020 & E. Licensing quarter horse, appaloosa or Arabian racing. Timothy West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 and the licensing application to update the licensing categories; (2) to amend Section 4 to establish licensing requirements for equine therapists; (3) to amend the fee schedule in Section 5 to maintain the current fees; (4) to amend Section 9 to limit out of competition testing to those authorized by administrative regulation; and (5) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 to 5, 9, 11 to 14, 16 to 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.
811 KAR 2:140 & E. Licensing of racing associations.
A motion was made and seconded to approve the following amendments: to amend the Title, the RELATES TO, STATUTORY AUTHORITY, AND NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and Sections 1, 4, 5, and 8 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 HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Healthcare Facilities Management: Medicaid Services
907 KAR 1:014 & E. Outpatient hospital services. Betsy Johnson, commissioner; Neville Wise, deputy commissioner; and Stuart Owen, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a typographical error; and (2) to amend Sections 1 to 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.
Division of Program Integrity: Division
907 KAR 5:005 & E. Health insurance premium payment (HIPP) program.
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 1, 2, 4 to 10, 12, 14, and 15 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 15 to revise the application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the October 12, 2010, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:330 & E. Travel and administrative expenses.
Department of Revenue: Office of Income Taxation: Income Tax; Withholding
103 KAR 18:070. Supplemental wages and other payments subject to withholding.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:007E. Repeal of 201 KAR 8:006, 8:015, 8:070, 8:130, 8:135, 8:140, 8:150, 8:160, 8:170, 8:180, 8:185, 8:190, 8:220, 8:225, 8:230, 8:240, 8:250, 8:260, 8:265, 8:270, 8:277, 8:280, 8:290, 8:310, 8:320, 8:330, 8:340, 8:345, 8:350, 8:355, 8:400, 8:420, 8:430, 8:440, 8:450, 8:460, 8:70, and 8:490.
201 KAR 8:390E. General anesthesia, deep sedation, and conscious sedation by dentists.
201 KAR 8:500 & E. Board organization.
201 KAR 8:510 & E. Advisory opinions.
201 KAR 8:520 & E. Fees and fines.
201 KAR 8:530 & E. Licensure of dentists.
201 KAR 8:540 & E. Dental practices.
201 KAR 8:560 & E. Licensure of dental hygienists.
201 KAR 8:570 & E. Registration of dental assistants.
201 KAR 8:580 & E. Charity dental practices and post-disasters clinics.
Board of Veterinary Examiners: Board
201 KAR 16:030 & E. License, renewal notice, exemption.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:246. School council allocation formula: KETS District Administrative System Chart of Accounts.
Pupil Transportation
702 KAR 5:110. Vocational pupils, reimbursement for.
Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:100. Joints and connections.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Adult and Child Health Improvement: Kentucky Early Intervention System
902 KAR 30:141. Repeal of 902 KAR 30:140 and 30:170.
Department for Medicaid Services: Division of Community Alternatives: Payment and Services
907 KAR 3:100 & E. Reimbursement for acquired brain injury waiver services.
The subcommittee adjourned at 1:50 p.m. until October 12, 2010.