Call to Order and Roll Call
The January meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, January 11, 2011, at 1:00 PM, 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 Joe Bowen, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Leslie Combs, Co-Chair; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Representative Johnny Bell; Robert Brown, Alicia Sneed, Education Professional Standards Board; Emily Dennis, Ellen Gotshall, Registry of Election Finance; Beau Barnes, Kentucky Teachers' Retirement System; Jim Grawe, Board of Accountancy; Tom Nieman, Billy Van Pelt, State Board of Examiners and Registration of Landscape Architects; Jay Davidson, Margaret Hazlette, Board of Social Work; Mark Brengelman, David Garr, Board of Examiners of Psychology; Angela Evans, Board of Private Investigators; Denise Logsdon, Michael West, Board of Licensure for Massage Therapy; Mary Dickey, Chris Fitzpatrick, Anthony Hatton, Cassandra Jobe, Division of Waste Management; Charles Jevin, Marylee Underwood, Heather Wagers, Kentucky State Police; Ann D'Angelo, Judy Taylor, Rick Taylor, Tom Zawacki, Transportation Cabinet; Clay Lamb, James Maxson, Education and Workforce Development Cabinet; Lucretia Johnson, Dwight Lovan, Charles Lowthers, Kelly Tharpe, Department of Workers' Claims; Sandy Chapman, Bill Nold, Robin Coombs, Frank Goins, Michael Staley, DJ Wasson, Department of Insurance; Patricia Cooksey, Marc A. Guilfoil, Mary Scollay, Timothy West, Kentucky Horse Racing Commission; Dawn Bellis, George Mann, Timothy House, Housing, Buildings and Construction; Mary Begley, Stephanie Brammer Barnes, Glenn Bryant, Ray Peters, Cabinet for Health and Family 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, January 11, 2011 and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Administrative Certificates
16 KAR 3:050. Professional certificate for instructional leadership - school principal, all grades. Robert Brown, director, Division of Professional Learning and Assessment, and Alicia Sneed, director, Division of Legal Services, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 5 to comply with the drafting requirements of KRS 13A.222. Without objection, and with agreement of the agency, the amendments were approved.
DEPARTMENT OF STATE: Kentucky Registry of Election Finance: Reports and Forms
32 KAR 1:030 & E. Election finance statement forms; campaign contributions or expenditures in excess of $3,000. Emily Dennis, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 1 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
32 KAR 1:190 & E. Forms for gubernatorial slates of candidates and related filers.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:225. General compliance with federal tax laws. Beau Barnes, deputy executive secretary and general counsel, represented the system.
102 KAR 1:230. Limitations on benefits.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to make technical corrections; (2) to amend Section 1(6) to delete an unnecessary term; and (3) to amend Section 2(6)(a)2.b. to state that limitation years after December 31, 2008, rather than December 31, 2009, shall apply the mortality tables described in 26 C.F.R. 417(e)(3)(B). Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:245. Rollovers and transfers of contributions to other plans.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: State Board of Accountancy: Board
201 KAR 1:065. Individual license renewal and fee. James Grawe, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (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 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend the forms incorporated by reference to align with the requirements of the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:140. Procedures for the reinstatement and reissuance of a license.
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 TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend the form incorporated by reference to align with the requirements of the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees. Tom Nieman, president, and Billy Van Pelt, member, represented the board.
In response to questions by Representative Lee, Mr. Van Pelt stated that the board had support from the membership and from trade associations. The budget resources decreased significantly over the past few years, and the fee was last increased in 2002. 250 members would be affected to generate $7,500.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a punctuation error; (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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Social Work: Board
201 KAR 23:020. Fees. Jay Davidson, vice chair; James Grawe, assistant attorney general; and Margaret Hazelett, executive director, represented the board.
In response to questions by Representative Lee, Ms. Hazelett stated that the board had notified each licensee and association that fees were being increased. Fees had not been increased since 1997.
In response to a question by Senator Givens, Ms. Hazelett stated that only initial applicants for licensure were required to take a licensure examination. Applicants for renewal did not take the licensure examination.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 to: (1) require examination fees to be paid to the board as required by statute; and (2) establish that the examination fee shall be the amount charged by the examining entity, the Association of Social Work Boards. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 23:070. Qualifying education and qualifying experience under supervision.
A motion was made and seconded to approve the following amendments: (1) to amend Section 7(2) to clarify the supervision requirements; and (2) to amend Sections 1, 2, 3, 4, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 23:075. Continuing education.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 4, 5, 7, 9, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Examiners of Psychologists: Board
201 KAR 26:115. Definition of psychological testing. David Garr, acting executive director, Division of Occupations and Professions, and Mark Brengelman, assistant attorney general, represented the board.
In response to a question by Senator Givens, Mr. Brengelman stated that these administrative regulations were being amended for consistency with the governing statutes, which had also been revised.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; 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.
201 KAR 26:121. Scope of practice and dual credentialing.
201 KAR 26:125. Health service provider designation.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 3 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:130. Complaint procedure.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (2) to amend Section 2 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:155. Licensed psychologist: application procedures and temporary license.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:171. Requirements for supervision.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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; and (3) to amend Section 5 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:175. Continuing education.
201 KAR 26:180. Requirements for granting licensure as a psychologist by reciprocity.
201 KAR 26:185. Requirements for granting licensure as a psychologist to an applicant licensed in another state.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to make technical corrections and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:190. Requirements for supervised professional experience.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:200. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychologist.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:215. Nonresident status.
201 KAR 26:230. Examinations.
A motion was made and seconded to approve the following amendment: to amend Section 3 to clarify board options. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 26:270. Change of license status.
201 KAR 26:290. Licensed psychological practitioner: application procedures.
201 KAR 26:310. Telehealth and telepsychology.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a 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 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Private Investigators: Board
201 KAR 41:100. Verification of 240 hour employees. Angela Evans, assistant attorney general, and David Garr, acting executive director, Division of Occupations and Professions, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to correct a punctuation error; (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 to: (a) clearly establish the requirements for employee registration, quarterly reports, notification of maximum hours, and renewal; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 6 to incorporate by reference a revised form; and (5) to amend the form incorporated by reference to conform to the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Massage Therapy: Board
201 KAR 42:010. Goals for massage therapy sessions. David Garr, acting executive director, Division of Occupations and Professions; Denise Logsdon, secretary; 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; and (2) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:020. Fees.
In response to questions by Representative Damron, Mr. West stated that there was not a fee increase, but that he was unsure if the fee would be refundable for an applicant who did not obtain a license. There had been three (3) applicants who did not obtain licensure after application.
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 formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:030. Licensee's change of name, home address, or place of business.
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 make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:035. Application process, exam, and curriculum 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 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:040. Renewal.
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 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:050. Complaint procedure and disciplinary action.
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 through 5 and 7 and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:060. Code of ethics, and standards of practice for massage therapists.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 through 3 to comply with the drafting and formatting 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.
201 KAR 42:070. Endorsement.
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, and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) revises material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:080. Programs of massage therapy instruction.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 through 4 and 6 to comply with the drafting and formatting 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.
201 KAR 42:110. Continuing education requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3 through 8, and 10 to comply with the drafting and formatting 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 Waste Management: Solid Waste Planning
401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration. Chris Fitzpatrick, branch manager, Recycling Branch, and Tony Hatton, director, Division of Waste Management, represented the division.
In response to questions by Senator Bowen, Mr. Hatton stated that funding was allotted prior to a dump cleanup because sometimes local governments did not have existing funds to begin the clean up. Mr. Fitzpatrick stated that inspections were performed and receipts required to ensure that funding was spent for the original purpose. Repayment was required for inappropriate expenditures, and all clean up had to comply with the administrative regulation.
JUSTICE AND PUBLIC SAFETY CABINET: Department of State Police: Medical Examiner Protocols
502 KAR 12:010. Sexual assault forensic-medical examination protocol. Charles Geveden, deputy secretary, and Heather Wagers, staff attorney, represented the department. Mary Lee Underwood, staff attorney, Kentucky Association of Sexual Assault Programs, Inc., appeared in support of this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 2, 4, and 5 to comply with the drafting and formatting 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 Carriers: Division
601 KAR 1:018 & E. Special overweight or overdimensional permits. Ann D'Angelo, assistant general counsel; Rick Taylor, deputy commissioner; and Tom Zawacki, commissioner, represented the division. Judy Taylor, Lexington-Fayette Urban County Government and Commerce Lexington, appeared in support of this administrative regulation.
In response to a question by Co-Chair Combs, Ms. D'Angelo stated that this administrative regulation made technical changes, reorganized requirements, and exempted Fayette County from certain rush-hour prohibitions because the Fayette County section of the interstate system involved bypassed city activity.
Senator Pendleton thanked the division for further amending this administrative regulation.
In response to a question by Representative Damron, Ms. D'Angelo stated that Fayette County had petitioned the division to establish the rush-hour prohibition exemption. Ms. Taylor affirmed that Fayette County had petitioned the division to establish the rush-hour prohibition exemption.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and the RELATES TO paragraph and Sections 1, 2, 4, 5, 7, 8, and 11 through 22 to make technical corrections; (2) to amend Section 3 to delete steering axle requirements for 20,000 pounds; (3) to amend Section 10 to delete requirements pertaining to bulldozers and front end loaders; (4) to revert pilot and escort requirements to the previous version of this administrative regulation before the emergency amendment; (5) to amend Sections 1 and 13 to delete requirements pertaining to sealed, containerized, ocean-going cargo units; and (6) to amend Section 19 to revert inclement weather provisions to those in the previous version of this administrative regulation before this emergency amendment. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment Training: Employment Services
787 KAR 2:020. Confidentiality of records of the Office of Employment and Training. Clay Lamb, staff attorney, and James Maxson, policy advisor and attorney, represented the office.
In response to a question by Senator Givens, Mr. Maxson stated that H-2A and H-2B records were subject to open records requests and were not confidential unless the subject matter was specifically exempted in accordance with open records law.
In response to questions by Representative Bell, Mr. Maxson stated that various requests had been made from different parties for H-2A and H-2B records, including employer and employee records. Legal Aid Services frequently requested these records.
LABOR CABINET: Department of Workers' Claims: Department
803 KAR 25:089. Workers' compensation medical fee schedule for physicians. Thomas Dockter, staff attorney; Dwight Lovan, commissioner; and Charles E. Lowther, general counsel, represented the department.
803 KAR 25:091 & E. Workers' compensation hospital fee schedule.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 4, 5, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Division of Agent Licensing: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:220. Continuing education. Sandy Chapman, acting director, represented the division.
Health and Life Division: Trade Practices and Frauds
806 KAR 12:150. Annuity disclosures. William Nold, director, represented the division.
806 KAR 12:170. Life insurance disclosures.
Property and Casualty Division: Rates and Rating Organizations
806 KAR 13:120. Workers' Compensation deductible policies. Robin Coombs, assistant director; Frank Goins, director; and Michael Staley, policy specialist, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Mine Subsidence Insurance
806 KAR 44:010. Notification of qualified locations.
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 formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:110 & E. Out-of-competition testing. Patricia Cooksey, director of public relations; Mary Scollay, DVM, Equine Medical Director; and Timothy West, assistant general counsel, represented the commission.
In response to a question by Senator Pendleton, Ms. Cooksey stated that she supported these administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(2) to clarify that a horse can only be designated for testing if it meets the specified criteria; (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, 3, 4, and 6 through 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Harness Racing
811 KAR 1:240 & E. Out-of-competition testing.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(2) to clarify that a horse can only be designated for testing if it meets the specified criteria; (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, 3, 4, and 6 through 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:150 & E. Out-of-competition testing.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(2) to clarify that a horse can only be designated for testing if it meets the specified criteria; (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, 3, 4, and 6 through 10 to comply with the drafting and formatting 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 Building Code Enforcement: Kentucky Building Code
815 KAR 7:120. Kentucky building code. Dawn M. Bellis, general counsel; Timothy R. House, director of plumbing and acting director of HVAC; and George Mann, deputy commissioner, represented the division.
In response to a question by Representative Damron, Ms. Bellis stated that public comments were received from stakeholders during the public comment period. The comments concerned the original provision that a permit holder would bear the responsibility of notifying the owner of carbon monoxide requirements. The division amended that requirement in response to comments so that the permitting authority would bear the responsibility of notifying the owner.
In response to a question by Representative Lee, Mr. Mann stated that the carbon monoxide detectors were only required for new construction if the construction was to contain fuel-fired equipment or if there was to be an attached garage. A new construction that used only electricity would not be required to have the carbon monoxide detectors.
815 KAR 7:125. Kentucky residential code.
Division of Plumbing: Plumbing
815 KAR 20:034. Requirements for approval of continuing education courses and providers.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 4, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:410 & E. Specialty intermediate care clinics. Mary Begley, inspector general, represented the division.
Representative Bell stated that, the average cost for a patient at Oakwood was approximately $370,000 per year. An administrative regulation that provided for the transfer of some patients to community living should result in cost savings, but the division had stated in the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT that it did not. Caregivers who assisted those transferred to community living were not reimbursed by the state at the same $370,000 per year as those at Oakwood. Representative Bell requested that the division consider ways to save the state money and to help home-care providers.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 2 to correct statutory citations; and (2) to amend Section 5 to correct numbering; and (4) to amend Sections 4, 5, 6, and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Mental Health and Mental Retardation Services: Division of Administration and Financial Management: Institutional Care
908 KAR 3:050. Per diem rates. Glenn Bryant, assistant director, and Ray Peters, program administrator, represented the division.
At the December 14, 2010, meeting of the Administrative Regulation Review Subcommittee a motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to approve the following amendments: to amend Section 1(1)(b) to decrease the per diem rates for four (4) facilities, including: (1) Central State Hospital, from $685 to $660; (2) Western State Hospital, from $720 to $710; (3) Western State Nursing Facility, from $350 to $345; and (4) Eastern State Hospital, from $445 to $440. Without objection, and with agreement of the agency, the amendments were approved.
Other Business:
Co-Chair Combs introduced Senator Joe Bowen, who was appointed to the Subcommittee to fill the Senate vacancy. Senator Pendleton made a motion, seconded by Senator Kerr, that Senator Bowen be nominated for Senate Co-Chair. Senator Bowen accepted the nomination. Senator Pendleton made a motion, seconded by Senator Kerr, to end nominations and to elect Senator Bowen by acclimation. The motion passed and Senator Bowen was elected as Senate Co-Chair of the Subcommittee.
Co-Chair Combs stated that she was resigning as Co-Chair and as a member of the Subcommittee after the meeting. She introduced Rep. Johnny Bell, who was in attendance for today’s meeting. A motion was made and seconded to approve a resolution honoring Co-Chair Combs for her outstanding work while serving on the Administrative Regulation Review Subcommittee. The resolution was unanimously approved.
The following administrative regulations were deferred to the February 14, 2011, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Sales and Excise Taxes: Forms
103 KAR 3:050. Miscellaneous taxes forms manual.
PUBLIC PROTECTION CABINET: Crime Victims Compensation Board: Sexual Assault Examinations Program
107 KAR 2:010. Payment schedule for sexual assault examinations.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:390E. General anesthesia, deep sedation, and conscious sedation by dentists.
201 KAR 8:500 & E. Board organization.
201 KAR 8:530 & E. Licensure of dentists.
201 KAR 8:560 & E. Licensure of dental hygienists.
JUSTICE AND PUBLIC SAFETY CABINET: Office of Drug Policy: Office
500 KAR 20:010. Kentucky Agency for Substance Abuse Policy (KY-ASAP) start-up funding for local boards.
500 KAR 20:020. Kentucky agency for substance abuse policy on-going funding for local bands and reporting requirements.
Parole Board: Board
501 KAR 1:030. Determining parole eligibility.
501 KAR 1:080. Parole board policies and procedures.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Division
601 KAR 1:101. Proof of liability and cargo insurance.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:001. Definitions.
810 KAR 1:011. Pari-mutuel wagering.
810 KAR 1:120. Exotic wagering.
Harness Racing
811 KAR 1:005. Definitions.
811 KAR 1:125. Pari-mutuel wagering.
811 KAR 1:250. Exotic wagering.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:010. Definitions.
811 KAR 2:060. Pari-mutuel wagering.
811 KAR 2:160. Exotic wagering.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:060 & E. Timetable for submission of certificate of need applications.
The Subcommittee adjourned at 2 p.m. until February 14, 2011.