Call to Order and Roll Call
The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, February 14, 2011, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Joe Bowen, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Joe Bowen, Co-Chair; Senators David Givens, and Joey Pendleton; Representatives Johnny Bell, Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Lindsay Crawford, Virginia Woodward, Crime Victims Compensation Board; Nathan Goldman, Board of Nursing; Margaret Everson, Benji Kinman, Mark Mangeot, Karen Waldrop, Department of Fish and Wildlife; John Cummings, Verman Winburn, Parole Board; Ann D'Angelo, Godwin Onodu, Rick Taylor, Transportation Cabinet; Jill Mitchell, Department of Insurance; Debbie Garrison, Ron Horseman, Rosie Miklavcic, Kathy Fowler, Lewis Ramsey, Department for Public Health; Stuart Owen, Department for Medicaid Services; Virginia Carrington, Elizabeth Caywood, Shirley Eldridge, Elizabeth Fiehler, Juanita Shackelford, Cabinet for Health and Family Services; and Winnie Hepler, Conservationist.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Monday, February 14, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Kentucky Loan Program
11 KAR 3:100. Administrative wage garnishment. Becky Gilpatrick, branch manager, Student Aid Branch, and Melissa Justice, senior associate counsel, represented the division.
Authority
11 KAR 4:080. Student aid applications.
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 Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 2 and the form incorporated by reference to update the title of the form to reflect its intended use. Without objection, and with agreement of the agency, the amendments were approved.
Coal County Scholarship Program
11 KAR 19:010. Coal County Scholarship Program for Pharmacy Students.
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 and 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.
11 KAR 19:020. Service cancellation and repayment of Coal County pharmacy scholarship.
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 2, 3, 4, 6, and 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.
11 KAR 19:030. Deferment of repayment of Coal County Scholarships for pharmacy students.
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, 3, and 4 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: Crime Victims Compensation Board: Sexual Assault Examinations Program
107 KAR 2:010. Payment schedule for sexual assault examinations. Lindsay Crawford, policy advisor, and Virginia Woodward, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE for clarity; (2) to amend Section 1 to add definitions; (3) to amend Section 3 to correct the reimbursement amounts and to clarify the reimbursement process; (4) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (5) 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 (6) to amend Sections 1 through 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: Board of Nursing: Board
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards. Nathan Goldman, general counsel, represented the board.
TOURISM, ARTS AND HERITAGE: Department of Fish and Wildlife Resources: Game
301 KAR 2:122. Seasons, methods, and limits for small game. Margaret Everson, general counsel; Mark Mangeot, legislative liaison; and Karen Waldrop, Wildlife Director, represented the department. Winnie Hepler, conservationist, appeared in opposition to 301 KAR 3:012 and 3:022.
In response to a question by Representative Damron, Ms. Waldrop stated that biologists investigated requests by hunters to lengthen the squirrel-hunting season. Biologists determined that lengthening the season should not have negative biological effects.
In response to a question by Co-Chair Bell, Ms. Waldrop stated that changes to prohibitions against hunters carrying certain ammunition or firearms were for compliance with the right to bear arms. Hunters were not prohibited from carrying certain ammunition or firearms, but were still subject to requirements pertaining to methods of taking wildlife. For example, a hunter hunting deer during archery season may carry a firearm but shall not harvest a deer with a weapon other than the established archery equipment.
Hunting and Fishing
301 KAR 3:012. Public use of Otter Creek Outdoor Recreation Area.
In response to a question by Representative Damron, Ms. Waldrop stated that the department had meetings with stakeholder groups in the Otter Creek area.
Local landowners were apprised of the changes, and the department had not received complaints from the stakeholders.
Winnie Hepler, conservationist from Louisville, stated that Otter Creek Park should not be opened to activities that endanger wildlife in the park. The Department of Fish and Wildlife Resources was unduly influenced by hunters because the funding came from those interests. The department should be funded from the General Fund so that conservationists would have balanced influence with the department. She stated that hunting was a cruel and unnecessary activity. The department did not have the moral right to open Otter Creek to hunting. The wildlife inhabitants of Otter Creek were unprepared for the changes because they had been protected for decades. Otters had only recently returned to the area. Whooping crane hunting led to near extinction of the species. Ms. Hepler stated that the killing of wildlife in Otter Creek Park should be limited to at least fifty (50) percent of what was allowed by the administrative regulations.
In response to a question by Senator Pendleton, Ms. Hepler and Ms. Waldrop stated that Otter Creek Park consisted of 2,200 acres.
Senator Pendleton stated that overpopulation in parks sometimes led to wildlife problems and violence against a species. Squirrels were known to cause property damage.
Ms. Everson stated that the original deed permitted recreational hunting in Otter Creek Park. The department provided an opportunity for a public hearing and was available to accept written public comments but did not receive any.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 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.
301 KAR 3:022. License, tag, and permit fees.
JUSTICE AND PUBLIC SAFETY CABINET: Parole Board: Board
501 KAR 1:030. Determining parole eligibility. John Cummings, counsel, Office of Legal Services, Kentucky Parole Board, and Verman Winburn, chair, Kentucky Parole Board, represented the board.
In response to a question by Co-Chair Bell, Mr. Winburn stated that the omnibus bill being promoted by the Pugh Foundation, if approved, would not substantively impact these administrative regulations. Mr. Cummings stated that the omnibus bill would not substantively impact these administrative regulations and that the board provided flexibility in certain portions of these administrative regulations in anticipation of the possibility of changes resulting from approval of the omnibus bill. There may be a need for new administrative regulations if the omnibus bill was approved, but the approval would not require amendments to these administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to delete Sections 3(6), 4, 5, and 6 because those provisions are more appropriately included in 501 KAR 1:080; and (2) to amend Sections 1 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.
501 KAR 1:080. Parole board policies and procedures.
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(1) and the material incorporated by reference to delete unnecessary policies, correct citations, clarify provisions and policy titles, delete provisions in conflict with other statutes and administrative regulations, relocate provisions from other board administrative regulations, and include provisions on final disposition hearings and board deadlines. 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 1:101. Proof of liability and cargo insurance. Ann D'Angelo, assistant general counsel; Godwin Onodu, assistant director; and Rick Taylor, deputy commissioner, represented the division.
Senator Pendleton thanked the division for working diligently to assist with developing 2011 Senate Bill 79 and 601 KAR 1:018 & E, the administrative regulation pertaining to overweight or overdimensional vehicle loads.
Division of Motor Vehicle Licensing: Division
601 KAR 9:210. Continuation of title liens.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Section 2 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Health and Life Division: Division
806 KAR 17:460. Requirements for autism benefits for children. Jill Mitchell, branch manager, Health and Life Division, represented the division.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Administration and Financial Management: Local Health Departments
902 KAR 8:040. Definition of terms in 902 KAR Chapter 8. Ron Horseman, branch manager, and Rosie Miklavcic, director, Division of Administration and Financial Management, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE for clarity; (2) to amend the RELATES TO paragraph to add a citation; and (3) to amend 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.
902 KAR 8:060. Classification and compensation plans for local health departments.
In response to questions by Representative Ford, Mr. Horseman stated that the administrative regulation provided more flexibility pertaining to salary issues for employees of local health departments. The administrative regulation established a ten (10) percent maximum cap for salary increases resulting from a reclassification. Ms. Miklavcic stated that local health departments developed their budgets independently.
A motion was made and seconded to approve the following amendments: (1) to delete Sections 1 and 2 because they repeated statutory provisions in violation of KRS 13A.120(2); (2) to amend the TITLE for clarity; (3) to amend the RELATES TO paragraph to correct statutory citations; (4) 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 (5) to amend Sections 1, 2, 3, 6, 7, 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.
902 KAR 8:070. Recruitment, examination, and certification of eligibles for local health departments.
A motion was made and seconded to approve the following amendments: (1) to amend Section 7(1) to incorporate by reference the updated application form; and (2) to amend Sections 1, 3, 4, 6, and 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.
902 KAR 8:080. Initial appointment, probationary period, layoff, performance evaluation, and the resignations of employees of local health departments.
A motion was made and seconded to approve the following amendments: to amend Sections 6, 7, 9, 11, 12, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 8:090. Promotion, transfer, and demotion of local health departments.
A motion was made and seconded to approve the following amendments: 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.
902 KAR 8:096. Local health department employee performance evaluation program.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) to amend Sections 1, 3, 4, 5, 8, 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.
902 KAR 8:100. Disciplinary procedures applicable for local health department employees.
In response to questions by Representative Ford, Mr. Horseman stated that the administrative regulation was amended to clarify requirements pertaining to carrying concealed weapons with a permit. The amendment revised the language to comply with statutory provisions pertaining to carrying concealed weapons with a permit.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4(2)(c) to comply with statutory provisions regarding the carrying of concealed weapons; (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 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.
902 KAR 8:110. Disciplinary appeal process applicable for local health department employees.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 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.
902 KAR 8:120. Leave provisions applicable to employees of local health departments.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 6, 9, 10, 11, 13, 18, and 19 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 8:140. Appointment of health officer or a health department director of a local health department.
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; and (2) to amend Sections 1, 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.
Department for Public Health: Division of Public Health Protection and Safety: Milk and Milk Products
902 KAR 50:110. Grade A milk and milk products standards. Kathy Fowler, interim director, Division of Public Health Protection and Safety, and Lewis Ramsey, manager, Milk and Milk Products Safety, represented the department.
In response to questions by Senator Pendleton, Mr. Ramsey stated that this administrative regulation applied only to interstate raw milk sales, not to raw milk farm-direct sales. This administrative regulation was amended to comply with federal requirements. Most farm-direct raw milk sales had removed advertisements for raw milk; however, it was not likely that they had all ceased selling farm-direct raw milk.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with the agreement of the agency, the amendments were approved.
Department for Medicaid Services: Division of Medical Management: Payment and Services
907 KAR 3:215 & E. Tobacco cessation coverage and reimbursement. Stuart Owen, regulation coordinator, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 10 to incorporate by reference the updated Tobacco Cessation Referral Form; (2) to amend the form incorporated by reference to list on the form the support programs approved for the tobacco cessation program; (3) 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, 3, 4, 5, 8, 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.
Department for Aging and Independent Living: Aging Services
910 KAR 1:190. Nutrition program for older persons. Shirley Eldridge, internal policy analyst III; Elizabeth Fiehler, dietician consultant; and Juanita Shackelford, internal policy analyst III, represented the department.
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; (3) to amend Sections 1, 2, 4 through 11, 13, and 14 to comply with: (a) the drafting and formatting requirements of KRS Chapter 13A; and (b) applicable federal law provisions; and (4) to create a new Section 15 to incorporate by reference the Meal Planning Nutrient Requirements and the Dietary Guidelines for Americans. Without objection, and with agreement of the agency, the amendments were approved.
910 KAR 1:200. Senior community service employment program.
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 13 to comply with: (a) the drafting and formatting requirements of KRS Chapter 13A; and (b) applicable federal law provisions. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:006. Technical requirements for the Kentucky Transitional Assistance Program (K-TAP). Elizabeth Caywood, internal policy analyst IV, and Virginia Carrington, branch manager, represented the division.
In response to questions by Representative Ford, Ms. Carrington stated that this administrative regulation revised provisions pertaining to benefit allowances based on who the applicant was. Home school recipients were included as potential beneficiaries; however, verification was required.
In response to questions by Senator Givens, Ms. Carrington stated that the requirements in this administrative regulation proceeded from the previous program. TANF was a fairly flexible program, and the division had options to establish state-specific requirements for benefit retention. If a beneficiary refused to work, the beneficiary could not reapply for benefits for thirty (30) days.
921 KAR 2:016. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP).
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 Section 3(3) to state that the following shall not be included in the $2,000 resource limit: (a) a federal tax refund or advance payment of a refundable federal tax credit for a period of twelve (12) months from receipt; or (b) after December 31, 2012, earned income tax credit payment in the month of receipt and the following month; and (3) to amend Section 5(2) to state that the following income shall be excluded in the gross income test: (a) a federal tax refund or advance payment of a refundable federal tax credit; or (b) after December 31, 2012, the advance payment or refund of earned income tax credit. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 2:017. Kentucky works supportive services.
921 KAR 2:370. Technical requirements for Kentucky Works.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to put definitions in alphabetical order; (2) to amend Section 2 for clarity; and (3) to amend the KW-202 form for minor corrections. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 2:500. Family alternatives diversion (FAD).
Food Stamps
921 KAR 3:010. Definitions.
A motion was made and seconded to approve the following amendments: to amend 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.
921 KAR 3:025. Technical requirements.
Other Business
Staff introduced Representative Johnny Bell who was appointed to the Subcommittee to fill the House vacancy. Representative Lee made a motion, seconded by Representative Damron, that Representative Bell be nominated for House Co-Chair. Representative Bell accepted the nomination. Representative Damron made a motion, seconded by Representative Lee, to end House Co-Chair nominations. Representative Bell was unanimously endorsed as House Co-Chair of the Subcommittee.
The following administrative regulations were deferred to the March 8, 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.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:571. Registration of dental assistants.
201 KAR 8:581. Charity dental practices.
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 1:070 & E. Conducting sex offender conditional discharge revocation hearings.
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.
Department for Public Health: Division of Public Health Protection and Safety: Radiology
902 KAR 100:010. Definitions for 902 KAR Chapter 100.
902 KAR 100:021. Disposal of radioactive material.
902 KAR 100:058. Specific licenses to manufacture, assemble, repair, or distribute products.
902 KAR 100:070. Transportation of radioactive material.
902 KAR 100:072. Use of radionuclides in the health arts.
902 KAR 100:165. Notices, reports and instructions to employees.
Department for Community Based Services: Division of Family Support: Food Stamps
921 KAR 3:035. Certification process.
The Subcommittee adjourned at 2:10 p.m. until March 8, 2011.