Call to Order and Roll Call
The August meeting of the Administrative Regulation Review Subcommittee was held on Monday, August 15, 2011, at 1:30 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, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Diana Barber, Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Alicia Sneed, Education Professional Standards Board; Dinah Bevington, Personnel Cabinet; Jennifer Jones, Brian Thomas, Kentucky Retirement Systems; Brett Antle, DeVon Hankins, Tom Howard, Travis Powell, Finance and Administration Cabinet; Brian Bishop, Board of Dentistry; Karen Greenwell, Hartsel H. Stovall, Board of Barbering; Clint Quarles, Department of Agriculture; Abby Powell, Division of Water; Anthony Hatton, Lori Terry, Division of Waste Management; Rodney Ballard, Amy Barker, Jeff Burton, Kristie Willard, Department of Corrections; Ann D'Angelo, Doug Sutton, Tom Zawacki, Transportation Cabinet; Lisa K. Lang, James Maxson, Deanna Tackett, Kentucky Department of Education; Bob Elkins, Labor Cabinet; Kristi Redmon, Department of Workplace Standards; Sandy Chapman, Bill Nold, DJ Wasson, Department of Insurance; Greg Lamb, Susan Speckert, Tim West, Kentucky Horse Racing Commission; Dawn M. Bellis, Timothy R. House, Department of Housing, Buildings and Construction; Chandra Venettozzi, Cabinet for Health and Family Services; Chad Frizzel, Hickman County Jailer; Greg Pruitt, Hickman County Judge Executive; Norma Pruitt, Kentucky Great River Region Organization Inc.; Chris McCrane, Lewis County Detention Center Jailer; and Thomas Massie, Lewis County Judge Executive.
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 Monday, August 15, 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. Diana Barber, general counsel, and Becky Gilpatrick, director, student aid services, represented the authority.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Commonwealth Merit Scholarship Program
11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) Program.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3 through 6, 9, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 4 to align course requirements to the curriculum standards established in 704 KAR 3:305 by the Department of Education; and (3) to amend Section 6 to establish a new table for converting SAT scores to ACT scores for exams taken during or after the 2011-2012 academic year. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION PROFESSIONAL STANDARDS BOARD: Teaching Certificates
16 KAR 2:010. Kentucky teaching certificates. Alicia A. Sneed, director of legal services, represented the board.
In response to a question by Co-Chair Bowen, Ms. Sneed stated that the literacy program was managed by endorsement, rather than licensure. The literacy program did not require a master's degree; however, requirements were equally and in some cases more stringent than those for a master's degree.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 5, 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.
Certification Procedures
16 KAR 4:060. Certificate renewals and successful teaching experience.
A motion was made and seconded to approve the following amendments: 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.
PERSONNEL CABINET: Classified
101 KAR 2:095 & E. Classified service administrative regulations. Dinah Bevington, general counsel, represented the cabinet.
In response to a question by Senator Pendleton, Ms. Bevington stated that these ordinary administrative regulations were filed with accompanying emergency administrative regulations because the requirements needed to be in place when the Kentucky Human Resource Information System (KHRIS) went "live," which took place before these ordinary administrative regulations could become effective.
In response to questions by Senator Givens, Ms. Bevington stated that these administrative regulations conformed to state and federal requirements, including provisions pertaining to overtime pay and furlough matters.
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, 6, 8, 9, and 11 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 8 to require that an organization submit the Kentucky Employees Charitable Campaign Requirements for Eligibility and Application if it wants to participate in the Kentucky Employees Charitable Campaign; and (4) to amend Section 11 to incorporate by reference the application form and a revised “Personnel Action Notification.” Without objection, and with agreement of the agency, the amendments were approved.
101 KAR 2:102 & E. Classified leave administrative regulations.
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 and Sections 1 through 6, 8 through 11, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 8 to specify that an employee may request to use more than three (3) leave days following the loss of an immediate family member; and (3) to amend Section 13 to incorporate by reference a revised “Overtime Compensation Form.” Without objection, and with agreement of the agency, the amendments were approved.
Unclassified
101 KAR 3:015 & E. Leave administrative regulations for the unclassified service.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6, 8 through 11, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 8 to specify that an employee may request to use more than three (3) leave days following the loss of an immediate family member; and (3) to amend Section 13 to incorporate by reference a revised “Overtime Compensation Form.” Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:140. Employer's administrative duties. Jennifer Jones, interim general counsel, and Brian Thomas, staff attorney, represented the systems.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (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; and (4) to amend Sections 1(6) and 5 to delete provisions for an annual waiver from electronic reporting for which there did not appear to be statutory authority. Without objection, and with agreement of the agency, the amendments were approved.
105 KAR 1:190. Qualified domestic relations orders.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 through 7, 9 through 12, 14, 15, 18 through 21, and 24 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to replace the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT because question (9), pertaining to tiering, was inadvertently omitted. Without objection, and with agreement of the agency, the amendments were approved.
Office of Financial Management: Underwriter and Bond Counsel Selection Process
200 KAR 21:010. Procedure for prequalification of underwriters and bond counsel for state bond issues. Tom Howard, executive director, Office of Financial Management, and Travis Powell, deputy general counsel, represented the office.
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 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, 3, 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.
200 KAR 21:031. Repeal of 200 KAR 21:030.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:008E. Repeal of 201 KAR 8:390. Brian K. Bishop, executive director, represented the board.
201 KAR 8:532 & E. Licensure of dentists.
In response to a question by Senator Givens, Mr. Bishop stated that 201 KAR 8:532 and 8:562 were not amended after comments because the commenter requested clarification regarding a national examination that had yet to be created. This administrative regulation will be amended for clarification after the national examination is created.
A motion was made and seconded to approve the following amendments: (1) to amend the titles of Sections 4 and 5 for clarity; and (2) to amend Section 7(2)(b) to make a grammatical correction. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 8:562 & E. Licensure of dental hygienists.
A motion was made and seconded to amend Sections 1 and 8 to correct a cross-reference citation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Barbering: Board
201 KAR 14:015. Retaking of examination. Karen Greenwell, administrator, and Hartsel H. Stovall, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a drafting error; and (2) 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.
DEPARTMENT OF AGRICULTURE: Structural Pest Control
302 KAR 29:061E. Temporary suspension of Category 8, public health, certification requirement. Clint Quarles, staff attorney, represented the department.
In response to a question by Senator Pendleton, Mr. Quarles stated that this administrative regulation targeted mosquito larvae in standing water. The emergency administrative regulation was put into place because, after the spring flooding, there were not enough licensed insect pesticide applicators to treat the mosquito problem. This administrative regulation temporarily suspended licensure requirements for insect pesticide applicators treating mosquito larvae in standing water.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:020. Public and semipublic water systems; general provisions. Abby Powell, regulation coordinator, represented the division.
In response to a question by Co-Chair Bell, Ms. Powell stated that the changes to this administrative regulation did not affect bottled water facilities. New recordkeeping requirements were placed on the division, not the water supply facilities.
A motion was made and seconded to approve the following amendments: 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Class D and Class C Felons
501 KAR 2:020. Definitions for 501 KAR Chapter 2. Rodney Ballard, deputy commissioner; Amy Barker, assistant general counsel; and Jeff Burton, director, Division of Local Facilities, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1 to update statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: (1) to amend Section 7(2) to clarify the types of information required for external movements; (2) to amend Section 12(3) to include sentencing credit for participation in an approved substance abuse program; (4) to amend the RELATES TO paragraph to include additional relevant citations; (5) to amend Sections 4 and 12 to update statutory citations; and (6) to amend Sections 3, 7, 8, 12, and 13 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 2:070. Work release.
Jail Standards for Full-Service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
In response to a question by Senator Givens, Ms. Barker stated that this administrative regulation defined terms for clarification and for consistency with other agencies. The definitions for "telehealth" and "telemedicine" were not substantive.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) include definitions for "security vestibule" and "telehealth;" and (2) clarify existing definitions. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:020. Administration; management.
A motion was made and seconded to approve the following amendments: to amend the TITLE and Sections 1, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:030. Fiscal management.
A motion was made and seconded to approve the following amendment: to amend Section 4(2)(c) to use the term "audit," rather than "examination." Without objection, and with agreement of the agency, the amendment was approved.
501 KAR 3:060. Security; control.
A motion was made and seconded to approve the following amendments: to amend Section 3(14)(h) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:070. Safety; emergency procedures.
In response to a question by Representative Ford, Mr. Ballard stated that as of April 4, 2012, all institutions would be tobacco free.
In response to questions by Senator Pendleton, Mr. Ballard stated that facilities currently prohibited cigarettes, but not all tobacco products. Tobacco products, other than cigarettes, could be a health hazard to facility employees.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:080. Sanitation; hygiene.
A motion was made and seconded to approve the following amendment: to amend Section 1(6)(b) for clarification. Without objection, and with agreement of the agency, the amendment was approved.
501 KAR 3:100. Food services.
A motion was made and seconded to approve the following amendments: to amend Section 1(3) to specify that if the jailer elects to serve only two (2) meals on a holiday, Saturday, or Sunday, more than sixteen (16) hours shall not elapse between any two (2) meals. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:110. Classification.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:120. Admission; searches and release.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:130. Prison programs; services.
In response to a question by Representative Ford, Ms. Barker stated that this administrative regulation established the same policies as the Department of Corrections policies. Mr. Burton stated that these policies did not restrict religious observance.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to update a citation; and (2) to amend Sections 1, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:150. Hearings, procedures, disposition.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to include a reference to KRS Chapter 13B which governs administrative hearings; (2) to amend Sections 3, 5, 16, 20, 21, 24, 25, and 27 to conform to KRS Chapter 13B; and (3) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 through 8, 10, 11, 14, 16 through 19, 22, 23, and 26 to update citations, for clarification, and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:160. Training.
A motion was made and seconded to approve the following amendments: to revise Sections 3 to 6 for clarification and to be in conformity with 501 KAR 7:150. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:170. Classifications.
A motion was made and seconded to approve the following amendments: 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.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:010. Definitions for 501 KAR Chapter 7.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) include a definition for "telehealth;" and (2) clarify existing definitions. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:020. Administration; management.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 4 for clarification and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:030. Fiscal management.
A motion was made and seconded to approve the following amendment: to amend Section 2(2)(b) to use the defined term. Without objection, and with agreement of the agency, the amendment was approved.
501 KAR 7:040. Personnel.
A motion was made and seconded to approve the following amendments: to amend Section 6 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:060. Security; control.
A motion was made and seconded to approve the following amendments: to amend Section 3 for clarification and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:070. Safety; emergency procedures.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 for clarification and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:080. Sanitation; hygiene.
A motion was made and seconded to approve the following amendments: to amend Section 1 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:090. Medical services.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) use the term "telehealth," rather than "tele-medicine technology;" and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:100. Food services.
501 KAR 7:110. Classification.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:120. Admission; searches and release.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to be in conformity with 501 KAR 3:120; and (2) to amend Sections 2, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:130. Prisoner programs; services.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to update a citation; and (2) 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.
501 KAR 7:150. Training.
A motion was made and seconded to approve the following amendments: to amend Section 2 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life safety issues.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to include a definition for "telehealth;" (2) to amend Section 8(4) to specify that if the jailer elects to serve only two (2) meals on a holiday, Saturday, or Sunday, more than sixteen (16) hours shall not elapse between any two (2) meals; and (3) to amend Sections 1, 3, 6, and 8 for clarification and to comply with the drafting 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 Driver Licensing: Commercial Driver's License
601 KAR 11:035. Waiver of skills test for military personnel. Ann D'Angelo, assistant general counsel, and Doug Sutton, assistant director, Division of Driver Licensing, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to insert statutory citations in lieu of citations to the Kentucky Acts; and (2) to amend Section 3 to update the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Food Service Programs
702 KAR 6:110. Claim reimbursement for school and community nutrition programs. Lisa K. Lang, assistant general counsel, and Deanna Tackett, assistant director, School and Community Nutrition, represented the department.
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 correct statutory citations; (2) to amend Sections 1 through 4 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) clarify the claims reimbursement process; and (3) to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:090. Unemployed worker's reporting requirements. James Maxson, attorney, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 3 to clarify the system availability for filing claims online or by telephone. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:304. Exit routes and emergency planning. Bob Elkins, safety standards specialist, and Kristi Redmon, occupational safety and health standards specialist, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Section 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to make a CONFORMING AMENDMENT to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:308. Personal protective equipment.
803 KAR 2:309. General environmental controls.
In response to a question by Co-Chair Bowen, Mr. Elkins stated that this administrative regulation provided for a seamless process, without undue burden for stakeholders.
A motion was made and seconded to approve the following amendment: to amend Section 2 for clarification. Without objection, and with agreement of the agency, the amendment was approved.
803 KAR 2:313. Materials handling and storage.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1(2) to cite to a statutory definition; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:319. Commercial diving operations.
803 KAR 2:320. Toxic and hazardous substances.
803 KAR 2:403. Occupational health and environmental controls.
803 KAR 2:407. Adoption of 29 C.F.R. Part 1926.250-252.
803 KAR 2:425. Toxic and hazardous substances.
A motion was made and seconded to approve the following amendments: to amend Section 1(1) to make a CONFORMING AMENDMENT to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:500. Maritime employment.
803 KAR 2:505. Cranes and Derricks in construction.
A motion was made and seconded to approve the following amendments: to amend Section 3 to make a CONFORMING AMENDMENT to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:600. Occupational safety and health standards for agriculture.
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.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 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.
Health and Life Division: Health Insurance Contracts
806 KAR 17:180. Standard health benefit plan. Bill Nold, director, represented the division.
In response to questions by Senator Givens, Mr. Nold stated that the Affordable Care Act and the Mental Health Parity Act both affected this administrative regulation. Co-pays for preventative care were eliminated, and certain policy limits, lifetime and annual, would gradually be removed. State law required a standard health benefit plan, and federal law required insurers to comply with certain guidelines. The division decided to include the federal changes in the standard health benefit plan during this revision, rather than waiting. Gradual removal of certain policy limits, lifetime and annual, would raise costs, but only for those plans that have existing limits. Elimination of co-pays for preventative care could lower costs because expensive illnesses could be prevented by early detection.
Division of Kentucky Access: Health Insurance Contracts
806 KAR 17:545. ICARE program employer eligibility, application process, and requirements. D. J. Wasson, acting director, Division of Kentucky Access, represented the division.
A motion was made and seconded to approve the following amendment: to amend Section 10(1) to correct the date on the application form. Without objection, and with agreement of the agency, the amendment was approved.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:005. Racing officials. Greg Lamb, supervisor of pari-mutuel wagering; Susan B. Speckert, general counsel; and Tim West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 4, 5, 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.
810 KAR 1:009. Jockeys and apprentices.
A motion was made and seconded to approve the following amendment: to amend Section 17 to correct the name of a form incorporated by reference. Without objection, and with agreement of the agency, the amendment was approved.
810 KAR 1:012. Horses.
A motion was made and seconded to approve the following amendment: to amend Section 11(9) to correct a typographical error. Without objection, and with agreement of the agency, the amendment was approved.
810 KAR 1:014. Weights.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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.
810 KAR 1:150. Licensing totalizator companies.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add additional relevant citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 for clarification; and (3) to amend the TITLE and Sections 2, 3, 4, 7, 8, and 11 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 1:290. Licensing totalizator companies.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add additional relevant citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 for clarification; and (3) to amend the TITLE and Sections 2, 3, 4, 7, 8, and 11 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 2:200. Licensing totalizator companies.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add additional relevant citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 for clarification; and (3) to amend the TITLE and Sections 2, 3, 4, 7, 8, and 11 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 Heating, Ventilation, and Air Conditioning: Heating, Ventilation, and Air Conditioning Licensing Requirements
815 KAR 8:030. Apprentice heating, ventilation, and air conditioning (HVAC) mechanic registration and certification requirements. Dawn M. Bellis, general counsel, and Timothy R. House, acting director, Division of Heating, Ventilation, and Air Conditioning, represented the division.
In response to a question by Senator Givens, Mr. House stated that many changes to continuing education requirements in the department were for the benefit of license holders and allowed some continuing education credits to count toward multiple licenses.
Senator Pendleton thanked Mr. House for his hard work for the agency and stated that Mr. House would be missed as he leaves 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; (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 2 for clarity; and (4) to amend Section 4 to update the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Data Reporting and Public Use Data Sets
900 KAR 7:040. Release of public data sets for health care discharge data. Chandra Venettozzi, health data administrator, represented the office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the September 13, 2011, meeting of the Subcommittee:
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 Physical Therapy: Board
201 KAR 22:045. Continued competency requirements and procedures.
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.
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.
Board of Licensure for Massage Therapy: Board
201 KAR 42:035. Application process, exam, and curriculum requirements.
Kentucky Applied Behavior Analysis Licensing Board: Board
201 KAR 43:040 & E. Code of ethical standards and standards of practice.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Underground Storage Tanks
401 KAR 42:005. Definitions related to 401 KAR Chapter 42. Anthony Hatton, director; Bruce Scott, commissioner; and Lori Terry, underground storage tank specialist, represented the division.
In response to questions by Representative Ford, Mr. Hatton stated that some administrative regulations in this group package were the result of federal guidelines and others were an effort to streamline the process. The streamlining process began in 2006, and this was the second phase of that endeavor. During early vetting with stakeholders, environmental cleanup companies requested an increase in reimbursement rates based on increases in cleanup costs. If the underground storage tank qualifies, the Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) covered cleanup costs for a property owner, including for a newly found tank.
In response to questions by Senator Pendleton, Mr. Hatton stated that administrative regulations in this group package would help small business owners with cleanup costs for underground storage tanks.
Senator Pendleton stated that an eight (8) percent increase in the reimbursement rate for cleanup could encourage stalling on removing sites from the cleanup list. Taxpayers should not have to pay an eight (8) percent "cost of living" adjustment while most industries did not receive any cost of living raise this year.
Representative Lee stated that underground storage tanks that did not pose a risk to human health or the environment were still costing the state significantly. In such cases, there should be a limit on what can be built on the site without financially damaging existing small businesses that have met the $1,000,000 cleanup maximum established in the fund structure.
In response to questions by Senator Pendleton and Representative Lee, Mr. Scott stated that this administrative regulation group package resolved the concerns expressed. The package would close and clean up "stagnant" underground storage tank sites, without risk to human health or the environment.
In response to a question by Representative Damron, Mr. Hatton stated that there was a limit to the number of contractors willing to perform clean up of underground storage tanks. If the proposed rate increase did not become effective, contractors dealing solely with underground storage tanks could delay cleanup. Contractors who performed broader cleanup services would probably not be affected. Mr. Scott stated that the fund was "upside down" in 2006, when the streamlining process began. The first streamlining phase corrected the fiscal problems with the fund. This second phase was intended to expedite cleanup and closure.
Senator Givens requested that the division follow up with historical information pertaining to the fund, including the viability and safety of the program, the number of sites added and closed each year, the average price per site to close, and potential savings if these administrative regulations become effective. Mr. Scott stated that the rate of new sites had slowed recently compared with the number of sites closed.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to delete Section 2; and (3) to amend the definition for "operator" for clarity. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made and seconded to defer consideration of this group of administrative regulations as amended to the September meeting of the Subcommittee. Without objection, and with agreement of the agency, these administrative regulations as amended were deferred.
401 KAR 42:011. Scope of underground storage tank program.
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 make a punctuation correction; 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.
401 KAR 42:020. UST systems: design, construction, installation, and registration.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend Sections 1, 3, 6, 7, 9, 10, 11, 12, 13, 15, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:030. UST system general operating requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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, 7, 10, 11, 12, 14, and 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:040. UST system release detection.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend Sections 1, 4, 5, 6, 7, 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.
401 KAR 42:045. Delivery prohibition.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the STATUTORY AUTHORITY paragraph, and 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.
401 KAR 42:050. UST system release reporting, investigation, and confirmation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 4, 5, 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.
401 KAR 42:060. UST system release response and corrective action for UST systems containing petroleum or hazardous substances.
A motion was made and seconded to approve the following amendments: to amend the TITLE and Sections 1 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.
401 KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change in service of UST systems.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; and (2) to amend Sections 1, 2, 3, 5, 7, 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.
401 KAR 42:080. Classification of UST systems containing petroleum and listing of associated cleanup levels.
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, 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.
401 KAR 42:090. Financial responsibility.
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 2, 11, 27, and 28 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:095. Lender liability.
In response to a question by Representative Ford, Ms. Terry stated that this administrative regulation added federal requirements to eliminate lender liability.
A motion was made and seconded to approve the following amendments: to amend Sections 3 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.
401 KAR 42:200. Annual fee for underground storage tanks.
A motion was made and seconded to approve the following amendments: to amend Section 3(3) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:250. Petroleum storage tank environmental assurance fund reimbursement procedures.
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 the TITLE and Sections 1 through 10, 12 through 16, and 18 through 20 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to revise forms incorporated by reference for consistency with requirements in this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:290. Ranking system.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Sections 2 and 3 to clarify requirements pertaining to the ranking of groundwater contamination. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:300. Third-party claims.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 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.
401 KAR 42:315. Repeal of 401 KAR 42:314.
401 KAR 42:316. Petroleum storage tank environmental assurance fund eligibility criteria for contracting companies and partnerships.
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 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.
401 KAR 42:320. Hearings.
A motion was made and seconded to approve the following amendments: to amend Sections 2 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.
401 KAR 42:330. Small owners tank removal account.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4, 5, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to revise a form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:335. Financial audits.
A motion was made and seconded to approve the following amendments: to amend Section 4(3) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:340. Laboratory certification.
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 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.
Solid Waste Facilities
401 KAR 47:205. Contents of the application for petroleum contaminated soil treatment facilities.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1, 2, 4, 5, 6, 8, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 47:207. Public information procedures for petroleum contaminated soil treatment facilities.
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 the TITLE and Sections 1 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.
Standards for Solid Waste Facilities
401 KAR 48:205. Technical requirements for petroleum contaminated soil treatment facilities.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY 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 the TITLE and Sections 1 through 9 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 48:206. Petroleum contaminated soil treatment facility liner soil layer quality assurance and quality control.
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 the TITLE and Sections 1 and 3 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.
401 KAR 48:207. Petroleum contaminated soil treatment facility liner geosynthetic quality assurance and quality control.
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 the TITLE and Sections 1 and 3 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.
401 KAR 48:208. Petroleum contaminated soil treatment facility liner high-permeability layer quality assurance and quality control.
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 the TITLE and 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Jail Standards for Full-service Facilities
501 KAR 3:040. Personnel. Rodney Ballard, deputy commissioner; Amy Barker, assistant general counsel; and Jeff Burton, director, Division of Local Facilities, represented the department. Greg Pruitt, judge executive, Hickman County, and Thomas Massie, judge executive, Lewis County, appeared in opposition to this administrative regulation.
Judge Pruitt stated that Hickman County was among the smallest counties in Kentucky, with about 5,000 people. The state closed its jail facilities in Hickman County in 1991 and the county took its prisoners to Fulton County for detention over the next three (3) years. Following a feasibility study and based on a good relationship with the department, the county opened its own facility. Due to the cost of jail operations continuing to rise, the detention center expected to be in the "red" in 2012. Additionally, other fiscal matters were also causing jail cost increases for the county, including a twenty-five (25) percent reduction in income. Adding staff, as required by this administrative regulation, would further put pressure on strained county funds. Judge Pruitt requested that this administrative regulation be deferred or found deficient so that it could be tiered to provide for smaller counties.
Judge Massie stated that Lewis County had the same fiscal challenges as Hickman County with regard to the county jail. This administrative regulation would force Lewis County to add five (5) full-time employees at a facility that currently employs sixteen (16). The added burden could cause the facility to close. Judge Massie requested that this administrative regulation be amended to tier for smaller counties. He stated that minimum staffing requirements should be tied to the number of inmates, the size of the facility, and the size of the county. Having the requirements the same for all institutions was similar to having a minimum staffing requirement for all schools without regard to the number of students or size of the school.
Senator Pendleton, Senator Givens, and Representative Ford requested that the department amend this administrative regulation to establish tiering for smaller counties.
Mr. Ballard agreed to defer and revisit this administrative regulation regarding smaller counties; however, he stated that ninety-five (95) percent of staffing analyses demonstrated a need for more, not less, staffing at detention facilities, and a staffing analysis did not vitiate the minimum staffing requirements established by statute.
A motion was made and seconded to approve the following amendment: to amend Section 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
A motion was made and seconded to defer consideration of this administrative regulation as amended to the September meeting of the Subcommittee. Without objection, and with agreement of the agency, this administrative regulation as amended was deferred.
501 KAR 3:050. Physical plant.
501 KAR 3:090. Medical services.
In response to questions by Senator Givens, Mr. Burton stated that telehealth and telemedicine was not currently available in jails; however, this administrative regulation would provide requirements if remote care became feasible. Involuntary commitments were handled in face-to-face examinations, and physicians had independent guidelines for those examinations.
Senator Givens stated that the department should look at limiting the scope of services and uses available for telehealth while implementing cost saving measures.
In response to questions by Co-Chair Bell, Ms. Barker stated that the only change to requirements pertaining to dispensation of medication was for medication dispensed upon prisoner release. After Co-Chair Bell described several accounts of prisoners whose medication was withheld, Mr. Burton stated that the medical staff, not the department, had the authority to dispense medications, generic or otherwise.
Co-Chair Bell stated that the problem arose mostly if a registered nurse, rather than a physician, was charged with decisions regarding prescription dispensation.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to use the term "telehealth" rather than "telemedicine technology;" (2) to amend the RELATES TO paragraph to include an additional relevant citation; and (3) 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.
A motion was made and seconded to defer consideration of this administrative regulation as amended to the September meeting of the Subcommittee. Without objection, and with agreement of the agency, this administrative regulation as amended was deferred.
501 KAR 3:140. Prisoner rights.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:050. Physical plant.
501 KAR 7:140. Prisoner rights.
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 3:30 p.m. until September 13, 2011.