Call to Order and Roll Call
The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 12, 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; Representative Johnny Bell, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Nathan Goldman, Board of Nursing; Mark Mangeot, Karen Waldrop, Department of Fish and Wildlife; Sean Alter, Laura Lund, Andrea Smith, Division of Air Quality; Steve Lynn, Justice and Public Safety Cabinet; Melissa Beasley, Kate Houghlin, Department of Unemployment Insurance; Clay Lamb, Education and Workforce Development Cabinet; David Hurt, DJ Wasson, Malinda Shepherd; Cecelia Webber, Department of Insurance; Dawn M. Bellis, William Swope, Jerry Lunsford, George Mann, Department for Housing, Buildings and Construction; Rosie Miklavcic, Mike Tuggle; Department for Public Health.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Betsy Cupp, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, July 12, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendment: to amend Section 1 to include a reference to Section 2, which was omitted. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 20:062. Standards for advanced practice registered nurse (APRN) programs of nursing.
201 KAR 20:070. Licensure by examination.
201 KAR 20:110. Licensure by endorsement.
201 KAR 20:215. Continuing competency requirements.
201 KAR 20:225. Reinstatement of license.
201 KAR 20:240. Fees for applications and for services.
201 KAR 20:310. Faculty for prelicensure registered nurse and practical nurse programs.
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.
A motion was made and seconded to approve the following amendments: to correct a formatting error and to change appropriate cross-references. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:095. Importation of cervid carcasses and parts. Mark Mangeot, legislative liaison, and Karen Waldrop, Wildlife Division Director, represented the department.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:052 & E. Review of new sources in or impacting upon nonattainment areas. Sean Alteri, assistant director, and Andrea Smith, branch manager, represented the division.
In response to questions by Representative Damron, Mr. Alteri stated that a stationary air pollution source included, for example, an industrial facility that emits pollution. It did not include a city burning debris after storm damage.
In response to a question by Co-Chair Bowen, Mr. Alteri stated that this administrative regulation pertained to an area that is already a nonattainment zone, meaning not in compliance with U.S. EPA air quality standards. A shutdown or curtailment of one stationary air pollution source may allow a new facility to operate in a nonattainment zone.
In response to questions by Senator Givens, Ms. Smith stated that Jefferson County included an area that would probably soon be classified as nonattainment for sulfur dioxide. Additionally, there were three (3) areas in Kentucky currently classified as nonattainment that were being considered by U.S. EPA for reclassification. If approved, the areas would no longer be classified as nonattainment areas. Mr. Alteri stated that U.S. EPA determined what constituted an area based on metropolitan zones, rather than counties.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Breath Analysis Operators
500 KAR 8:010. Certification of breath alcohol analysis instrument operators. Steve Lynn, assistant general counsel, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to add citations; and (2) to amend Sections 2 and 5 for clarity. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:070. Reasonable time for protesting claim. Melissa Beasley, assistant director; Katie Houghlin, assistant director; and Clay Lamb, staff attorney, represented the office.
In response to questions by Senator Givens, Ms. Lamb stated that these administrative regulations were the result of the Workforce Investment Task Force. The current debt level was $948,000,000, and the office had not borrowed any more this year. Ms. Beasley stated that the office was discussing repayment options. The federal government had not charged interest yet, but the charges were expected and interest was being accrued. The fund could not currently pay the interest. Ms. Houghlin stated that the office was working to reduce abuse of the fund and to increase the number of job placements.
787 KAR 1:210. Employer contribution rates.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend the form incorporated by reference to align the definitions provided on the form with the provisions of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Financial Standards and Examination Division: Authorization of Insurers and General Requirements
806 KAR 3:170. Annual audited financial reports. David Hurt, chief financial examiner; D. J. Wasson, staff assistant; and Malinda Shepherd, program manager, represented the division.
Health and Life Division: Trade Practices and Fraud
806 KAR 12:120. Suitability in annuity transactions.
In response to questions by Representative Damron, Ms. Shepherd stated that this administrative regulation applied to both fixed and variable annuities. The division established standards in this administrative regulation that were stronger than those proposed by the National Association of Insurance Commissioners to include both types of annuities. Ms. Wasson stated that a stronger level of regulation was established in this administrative regulation. She also stated that the administrative regulation was reviewed by the Department of Financial Institutions, and that agency did not have any reservations about this administrative regulation.
Department of Housing, Buildings and Construction: Division of Fire Prevention: Standards of Safety
815 KAR 10:070 & E. Consumer fireworks retailer registration and fees. Dawn M. Bellis, general counsel; George Mann, deputy commissioner; and William Swope, state fire marshal, represented the division.
In response to a question by Senator Pendleton, Mr. Swope stated that preliminary reports showed that there were not significant problems with accidents during the July 4 firework season now that requirements pertaining to fireworks had changed. There had been twelve (12) or thirteen (13) minor injuries reported, but nothing serious.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add and correct citations; (2) to amend Section 3 to state that if a fee is returned for nonpayment or insufficient funds, the fire marshal may revoke registration of the site in accordance with KRS 227.715(10), unless proof of financial institution error is provided; and (3) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and 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.
Electrical Inspectors
815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 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.
815 KAR 35:100. Electrical continuing education procedure.
In response to a question by Senator Givens, Ms. Bellis stated that, prior to this proposed amendment, once a continuing education provider was approved, there was not a process for revoking that approval if necessary. This amendment provided for revocation.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 3 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Administration and Financial Management: Local Health Departments
902 KAR 8:160. Local health department operations requirements. Rosie Miklavcic, division director, and Mike Tuggle, assistant division director, represented the division.
Senator Pendleton thanked the local health departments for a good job, but stated that enforcement needed to be more practical. For example, a small food vendor that periodically provided food for special events was being required to get a permanent food vendor license.
In response to a question by Representative Damron, Mr. Tuggle stated that certain administrative authorities were better served at the local health department level with oversight by the division. For example, travel decisions did not need to go through the department for initial approval.
Representative Damron stated that consistency throughout the state was important.
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, 3, 4, 5, 8, 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 8:165. Local health department accounting/auditing requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to incorporate material by reference; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 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.
902 KAR 8:170. Local health department financial management requirements.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 4 to 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.
Other Business: Senator Pendleton asked that staff draft and send a memo to the Transportation Cabinet to request expedited amendment of 601 KAR 1:018, Special overweight or overdimensional motor vehicle load permits. The concern was that requirements in this administrative regulation were confusing and burdensome, especially to the agricultural community. If an amended version of this administrative regulation was not effective by the 2012 legislative session, a bill may be proposed to revise applicable statutes to clarify requirements for overweight or overdimensional motor vehicle load permits.
The following administrative regulations were deferred to the August 15, 2011, meeting of the Subcommittee:
PERSONNEL CABINET: Classified
101 KAR 2:095 & E. Classified service administrative regulations.
101 KAR 2:102 & E. Classified leave administrative regulations.
Unclassified
101 KAR 3:015 & E. Leave administrative regulations for the unclassified service.
GENERAL GOVERNMENT CABINET: Board of Auctioneers: Board
201 KAR 3:045. Recordkeeping and accounting.
201 KAR 3:081. Repeal of 201 KAR 3:015 and 3:080.
201 KAR 3:090. Administrative fees for applications and services.
Board of Dentistry: Board
201 KAR 8:008E. Repeal of 201 KAR 8:390.
Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:010. Definitions.
201 KAR 39:030. Application; qualifications for licensure; and certification levels.
201 KAR 39:040. Fees.
201 KAR 39:050. Renewal of licenses and extension of temporary licenses.
201 KAR 39:060. Reinstatement of license subject to disciplinary action.
201 KAR 39:070. Application and qualifications for temporary licensure.
201 KAR 39:080. Reciprocity.
201 KAR 39:090. Continuing education requirements.
201 KAR 39:100. Complaint procedure.
201 KAR 39:120. Code of ethics.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Class D and Class C Felons
501 KAR 2:020. Definitions for 501 KAR Chapter 2.
501 KAR 2:040. Waivers.
501 KAR 2:050. Transfer requests.
501 KAR 2:060. Procedures for housing of Class D and Class C felons.
501 KAR 2:070. Work release.
Jail Standards for Full-Service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
501 KAR 3:020. Administration; management.
501 KAR 3:030. Fiscal management.
501 KAR 3:060. Security; control.
501 KAR 3:070. Safety; emergency procedures.
501 KAR 3:080. Sanitation; hygiene.
501 KAR 3:090. Medical services.
501 KAR 3:100. Food Services.
501 KAR 3:110. Classification.
501 KAR 3:120. Admission; searches and release.
501 KAR 3:130. Prison programs; services.
501 KAR 3:150. Hearings, procedures, disposition.
501 KAR 3:160. Training.
501 KAR 3:170. Classifications.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:010. Definitions for 501 KAR Chapter 7.
501 KAR 7:020. Administration; management.
501 KAR 7:030. Fiscal management.
501 KAR 7:040. Personnel.
501 KAR 7:060. Security; control.
501 KAR 7:070. Safety; emergency procedures.
501 KAR 7:080. Sanitation; hygiene
501 KAR 7:090. Medical services.
501 KAR 7:100. Food services.
501 KAR 7:110. Classification.
501 KAR 7:120. Admission; searches and release.
501 KAR 7:130. Prisoner programs; services.
501 KAR 7:150. Training.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life safety issues
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:090. Unemployed worker's reporting requirements.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:420 & E. Child fatality or near fatality investigations.
The Subcommittee adjourned at 1:50 p.m. until August 15, 2011.