Call to Order and Roll Call
The November meeting of the Administrative Regulation Review Subcommittee was held on Monday, November 7, 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, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Andy Crocker, Personnel Board; Joe R. Cowles, Personnell Cabinet; Jennifer Jones, Kentucky Retirement System; Richard Carroll, Board of Accountancy; Bill Adcock, Jim Grawe, Margaret Hazlette, Board of Social Work; Mark Brengelman, Sienna Newman, Board of Licensure for Orthotists, Prosthetists, Orthotists/Prosthetists, Pedorthists, or Orthotic Fitters; Margaret Everson, Rocky Pritchert, Department of Fish and Wildlife Resources; Don Dott, State Nature Preserves Commission; John C. Cummings, Verman R. Winburn, Parole Board; Allison Jessee, Patrick Shirley, Office for the Blind; Melissa Beasley, Clay Lamb, Office of Unemployment Insurance; Sandy Chapman, Russell Coy, Blanche Minor, DJ Wasson, Cecilia Webber, Maggie Woods, Department of Insurance; Stephanie Bell, Helen Helton, Public Service Commission; Jamie Eads, Tim West, Horse Racing Commission; Dawn Bellis, Lee Etta Cummings, Jerry Lunsford, George Mann, Department of Housing, Buildings and Construction; Michele Bushong, Matt McKinley, Curt Pendergrass, Marissa Vega Velez, Chandra Venettozzi, Cabinet for Health and Family Services; Steven Cook, University of Kentucky Center on Drugs and Alcohol Research; and Marty White, Kentucky Spirit.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Karen Howard, Betsy Cupp, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Monday, November 7, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL BOARD: Board
101 KAR 1:335. Employee actions. Andy Crocker, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 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.
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:210 & E. 2012 Plan Year Handbook for the Public Employee Health Insurance Program. Joe Cowles, deputy executive director, Office of Legal Services, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct two typographical errors in the existing administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:440. Kentucky Retirement Systems Trustee Education Program. Jennifer Jones, interim general counsel, represented the systems.
In response to a question by Co-Chair Bowen, Ms. Jones stated that the Trustee Education Program was being amended at this time because of a recent audit. The amendments implemented changes recommended by the Auditor of Public Accounts.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: State Board of Accountancy: Board
201 KAR 1:160. Peer reviews. Richard Carroll, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Sections 1, 2, 3, 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.
Board of Social Work: Board
201 KAR 23:050. Renewal, termination, reinstatement of license. Margaret Hazlette, executive director; James Grawe, assistant attorney general; and William Adcock, board member, represented the board.
In response to questions by Representative Lee, Ms. Hazlette stated that the requirements of this administrative regulation applied to social workers licensed by the board. Social workers employed by state government should not be impacted because they were exempt from licensure under KRS Chapter 335. The requirements only applied to those individuals if they chose to be licensed.
In response to questions by Representative Lee, Mr. Grawe stated that the $100 penalty applied if a licensee renewed an expired license. Additionally, Ms. Hazlette stated that the board established the new penalty to simplify the renewal process for expired licenses. It replaced the previous penalty structure which titrated the amount of the penalty based on the length of expiration.
In response to questions by Co-Chair Bell, Ms. Hazlette stated that social workers employed by nonprofit agencies should not be affected by this administrative regulation either. They were also exempt from licensure and would only have to comply with the new requirements if they voluntarily obtained licensure.
201 KAR 23:075. Continuing education. In response to a question by Co-Chair Bell, Ms. Hazlette stated that the board amended the domestic violence education requirement to correct an error and to comply with its current statutes.
Board of Prosthetics, Orthotics, and Pedorthics: Board
201 KAR 44:010. Fees. Sienna Newman, board chair, and Mark Brengelman, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to accurately reflect the name of the agency; and (2) to amend Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:020. Requirements for licensure as an Orthotist, Prosthetist, Orthotist/Prosthetist, Pedorthist, or Orthotic Fitter prior to January 1, 2013.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to accurately reflect the name of the agency; (2) to amend the RELATES TO paragraph and Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend the material incorporated by reference to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:030. Alternative Mechanism Requirements for licensure as an Orthotist, Prosthetist, Orthotist/Prosthetist, Pedorthist, or Orthotic Fitter prior to January 1, 2013 for applicants in practice who are not currently certified.
In response to a question by Co-Chair Bowen, Ms. Newman stated that this administrative regulation implemented the new statutory licensure requirements for orthotists, prosthetists, pedorthists, and orthotic fitters. It established a pathway to licensure for professionals already working in those fields.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to accurately reflect the name of the agency; (2) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY FUNCTION AND CONFORMITY paragraphs and Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Sections 1 through 5 to cross-reference a form that is incorporated by reference in 201 KAR 44:020. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:040. Professional Conduct and Code of Ethics.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to accurately reflect the name of the agency; and (2) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY FUNCTION AND CONFORMITY paragraphs and Sections 2 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:050. Per diem of board members.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to accurately reflect the name of the agency; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to match the statutory authority provided by KRS 319B.020(6); and (3) to amend Section 1 to delete the per diem compensation for board members in accordance with KRS 319B.020(6). 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 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. Margaret Everson, general counsel, and Rocky Pritchert, migratory board program coordinator, represented the department.
ENERGY AND ENVIRONMENT CABINET: Office of the Secretary: Kentucky State Nature Preserves Commission: Commission
400 KAR 2:090. Management, use, and protection of nature preserves. Donald Dott, director, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to specify that the provisions for vehicular access lanes only apply to internal access lanes; (2) to amend Section 18 to specify criteria for making decisions regarding permission for research or educational activities; (3) to amend Section 21 to add an incorporation by reference section incorporating the “Collecting/Access Permit” application and the “Research Permit” application; (4) to amend Sections 5, 6, 7, 10, and 15 to make CONFORMING AMENDMENTS to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency; and (5) to amend Sections 6, 7, 8, 13, 15, and 18 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: Parole Board: Board
501 KAR 1:030. Determining parole eligibility. Verman Winburn, board chair, and John Cummings, staff attorney, represented the board.
In response to a question by Co-Chair Bell, Mr. Winburn stated that some parole provisions in 2011 House Bill 463 had delayed effective dates such as changes to case management. However, the amendments to this administrative regulation implemented provisions regarding an inmate's parole eligibility date that were already in effect.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete unnecessary definitions; (2) to amend Section 2 to use statutory terminology; (3) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to make CONFORMING AMENDMENTS 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office for the Blind: Department for the Blind
782 KAR 1:020. Definitions for 782 KAR Chapter 1. Allison Jessee, director of consumer services, and Patrick Shirley, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
782 KAR 1:030. Scope and nature of services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4, 5, 12, 16, 17, and 20 to make CONFORMING AMENDMENTS to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 7, 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.
782 KAR 1:040. Appeal procedures.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to make a CONFORMING AMENDMENT to correct an inconsistency between the currently effective regulation and the proposed regulation filed by the agency; and (2) to amend the RELATES TO paragraph and Sections 1, 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.
782 KAR 1:070. Certified driver training program.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 2 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.
Office of Employment and Training: Unemployment Insurance
787 KAR 1:210. Employer contribution rates. Melissa Beasley, assistant director, and Clay Lamb, staff attorney, represented the office.
In response to questions by Senator Givens, Ms. Beasley stated that there were 2,000 reimbursing employers in the state. Those employers submitted reports on a quarterly basis. Additionally, the administration of the unemployment insurance program was entirely federally-funded. Lastly, the office amended the rate notice form to update its terminology and to limit voluntary payments by employers to every other year. While the annual notice included information about making voluntary payments, the remainder of the form clarified that an employer was not eligible to do so each year.
In response to a question by Co-Chair Bowen, Ms. Lamb stated that this administrative regulation was amended in response to recommendations by the Unemployment Insurance Task Force.
PUBLIC PROTECTION CABINET: Department of Insurance: Agent Licensing Division: Agents, Consultants, Solicitors, and Adjusters
806 KAR 9:070. Examinations. Sharon Clark, commissioner; Maggie Woods, director; and Sandy Chapman, assistant director, represented the division.
Financial Standards and Examination Division: Captive Insurers
806 KAR 49:050. Captive Risk Retention Groups. Sharon Clark, commissioner, and Russell Coy, captive insurance manager, represented the division.
A motion was made and seconded to approve the following amendments: to amend the TITLE, STATUTORY AUTHORITY paragraph, and Sections 1 through 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.
ENERGY AND ENVIRONMENT CABINET: State Board on Electric Generations and Transmission SITING: Utilities
807 KAR 5:100. Board application fees. Stephanie Bell, deputy executive director, and Helen Helton, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to 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 the TITLE and 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.
807 KAR 5:110. Board proceedings.
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; (3) to amend Sections 1, 2, 3, 5, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to make CONFORMING AMENDMENTS to Sections 8 and 9 to correct inconsistencies between the currently effective administrative regulation and the filed administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Horse Racing Commission: Thoroughbred Racing
810 KAR 1:090. Kentucky Thoroughbred Development Fund. Jamie Eads, director, Division of Incentives and Development, and Tim West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 2 to correct statutory citations; (2) to amend Section 1 to delete unnecessary definitions; (3) to amend the RELATES TO paragraph and Sections 1, 2, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to make CONFORMING AMENDMENTS 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.
Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Kentucky Building Code
815 KAR 7:125. Kentucky Residential Code. Dawn Bellis, general counsel, and George Mann, deputy commissioner, represented the division.
In response to a question by Representative Damron, Ms. Bellis stated that the division received one public comment regarding the new HVAC standards. While the new standards required HVAC systems to be programmed at a particular temperature, the requirement only applied at installation. After installation, the consumer could adjust the setting.
In response to a question by Senator Givens, Ms. Bellis stated that most programmable thermostats were already pre-set by the manufacturer and would be in compliance with the new standards.
In response to a question by Senator Pendleton, Ms. Bellis stated that the code requirements for tape used in duct work were not new requirements. The required tape was specially formulated for that particular use. It should also be readily available.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Office of Health Policy:
Certificate of Need
900 KAR 6:075. Certificate of Need nonsubstantive review. Michele Bushong, health policy specialist, and Chandra Venettozzi, health data administrator, represented the office.
In response to a question by Representative Lee, Ms. Venettozzi stated that the review requirements for psychiatric residential treatment facilities were not amended in response to the needs of any one facility. The changes resulted from comments the office received.
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.
Division of Public Health and Safety: Radiology
902 KAR 100:142. Wire line service operations. Matt McKinley, radiation health branch manager; Curt Pendergrass, radioactive material section supervisor; and Marissa Velez, radiation health specialist, represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 6, 7, 8, 9, 11, 12, 19, 20, 21, 22, 23, and 27 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 Developmental Health, Developmental and Intellectual Disabilities: Division of Behavioral Health: Substance Abuse
908 KAR 1:310. Certification standards and administrative procedures for driving under the influence programs. Steven Cook, research analyst, and Lee Etta Cummings, DUI program manager, represented the division. (This administrative regulation was discussed, and amended, prior to its deferral from the October 2011 Administrative Regulation Review Subcommittee meeting. That amendment summary was included in the October report of this Subcommittee.)
In response to a question by Senator Givens, Ms. Cummings stated that the division had submitted amendments for approval to resolve concerns discussed at the previous meeting of the Subcommittee. The amendments would enable the two programs that were currently using telecommunication equipment to deliver instruction to continue to do so. Additionally, evaluation studies would be conducted to determine if there was a difference in performance outcomes depending on the method of program delivery.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4, 6, and 8 to amend minor typographical errors; and (2) to amend Section 7 to establish a process to enable the programs that have delivered instruction via video telecommunication equipment on the effective date of this administrative regulation to continue to use that equipment in the delivery of instruction. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the December 6, 2011, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:180. Employee performance evaluation system.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Ad Valorem Tax; State Assessment
103 KAR 8:010. Watercraft allocation.
GENERAL GOVERNMENT CABINET: Real Estate Appraisers Board: Board
201 KAR 30:310 & E. Fees for registration of appraisal management companies.
201 KAR 30:320 & E. Surety bond.
201 KAR 30:330 & E. Application for registration.
201 KAR 30:360. Operation of an appraisal management company.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Mine Reclamation and Enforcement: Surface Effects of Noncoal Mining
405 KAR 5:085. Enforcement.
405 KAR 5:095. Administrative hearings, informal settlement conferences, and general practice provisions.
General Provisions
405 KAR 7:091. General practice provisions.
Inspection and Enforcement
405 KAR 12:020. Enforcement.
TRANSPORTATION CABINET: Office of Transportation Delivery: Mass Transportation
603 KAR 7:080. Human service transportation delivery.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:420. Child fatality or near fatality investigations.
The Subcommittee adjourned at 2:00 p.m. until December 6, 2011.