Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> July Meeting

 

<MeetMDY1> July 9, 2013

 

Call to Order and Roll Call

The<MeetNo2> July meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> July 9, 2013, at<MeetTime> 10:00 AM, in<Room> Room 149 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senators Joe Bowen, Perry Clark, and Ernie Harris, and Representatives Johnny Bell, Robert Damron, Jimmie Lee, and Tommy Turner.

 

Guests: Dinah Bevington, Personnel Cabinet; Steve Hart, Board of Pharmacy; Jonathan Buckley, David Cox, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Paula Schenk, Jimmy Isenberg, Board of Nursing; Anne-Tyler Morgan, Chuck O'Neal, Board of Emergency Medical Services; Thomas B. Gabbard, Sandra Gruzesky, Franklin C. Hall Jr., Division of Water; Kevin Brown, Hiren Desai, Amy Peabody, Kay Kennedy, Department of Education; Dustin R. Adams, Melissa Beasley, Anthony Hudgins, Clay Lamb, Education and Workforce Development Cabinet; Trey Heineman, Freddy Higdon, Steve Humphress, Department of Alcohol Beverage Control; John C. Allader, Michael T. Davis, David Moore, Ambrose Wilson, Department of Housing, Buildings and Construction; Stuart Owen, Department for Medicaid Services; Bob Babbage, Jim McGowan, American Diabetes Association; Teresa Combs, Sarah Nicholson, Kentucky Hospital Association; Malicia Hitch and Heidi Schissler, Department of Protection and Advocacy; Dan O'Brien, Ryan Stanton, MD, Kentucky Chapter of American College of Emergency Physicians; Jordan Absher, Wanda Johnson, Apple's Wine and Spirits; Charles Cole, Mayor Eddie Girdler, City of Somerset; and Chris Daniels, Wildcat Beer, Wine and Spirits Inc.

 

LRC Staff: Dave Nicholas, Donna Little, Emily Caudill, Sarah Amburgey, Emily Harkenrider, Karen Howard, Laura Napier, and Betsy Cupp.

 

The Administrative Regulation Review Subcommittee met on Tuesday, July 9, 2013, and submits this report:

 

The Subcommittee determined that the following administrative regulation did not comply with statutory requirements and was deficient:

 

PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Quotas

 

804 KAR 9:040. Retail liquor package license quota. Trey Hieneman, special assistant; Frederick Higdon, commissioner; and Stephen Humphress, general counsel, represented the department. Nick Bradley, Somerset official; Charles Cole, attorney; and Eddie Girdler, Somerset mayor, appeared in support of this administrative regulation. Jordan Absher, manager, Apple’s Wine and Spirits; Chris Daniels, vice president, Wildcat Beer, Wine and Spirits, Inc.; Wanda Johnson, owner, Apple’s Wine and Spirits; and Jason Nemesis, attorney, appeared in opposition to this administrative regulation.

 

In response to questions by Representative Lee, Mr. Humphress stated that KRS 246.201 authorized the board to establish liquor package licenses. Each city voted to repeal prohibition or not. Until recently, few cities opted to change status; however, in the recent past two years, approximately a dozen cities voted to repeal prohibition. The board used population and other data to determine the number of licenses appropriate for a given city. Case law established clearly that the acceptance of a license was accompanied by inherent business risks, including the risk of increased competition, which may be the case if more licenses were issued now or in the future. Mr. Higdon stated that the agency criteria included population, local retail demographics, and location (for example, if the area was near a tourist venue). A hearing was held, open to the public, to present data and discuss licensing options prior to license issuance.

 

Representative Lee stated that the doubling of licenses occurred after the licensing-related public hearing held by the agency, which was separate from the regulatory public hearing required by KRS Chapter 13A.

 

In response to questions by Representative Turner, Mr. Higdon stated that the license quota was changed through the administrative regulation process, as an Amended After Comments version of this administrative regulation. The City of Somerset provided economic data to support the added licenses. The agency agreed that the city had an obligation to voters who intended to vote for five, rather than ten, licenses.

 

Mr. Cole stated that local licensees accepted licenses knowing that the state had yet to officially determine the number of state licenses that would be available to Somerset. A city public hearing had been held to address licensing. Somerset was a local retail hub, and sales were much greater than could be satisfied by the initial five licenses. Somerset was responsible for 85 percent of Pulaski County sales, and demand in Somerset came from a four county region, including the tourist area, Lake Cumberland. The City of Somerset was capable of supporting ten retail liquor package licenses.

 

Representative Lee stated that, prior to and during the election to repeal prohibition in Somerset, it was publicized in the press that Somerset would have five retail liquor package licenses. Voters were unaware that the actual number of licenses could be double that. If the City of Somerset knew that it needed ten licenses, the city should have lobbied for ten licenses prior to and during the election process.

 

Representative Turner stated that if the City of Somerset needed ten licenses, a second election should be held to clarify the number of licenses. Representative Turner himself was opposed to any retail liquor package licenses; however, the citizens of Somerset had voted on the belief that there would be five licenses, and that is what he supported. Mr. Cole stated that Somerset license holders knew both a local and a state license were required. Mayor Girdler stated that some Kentuckians opposed the sale of alcohol. Rumors were always part of elections. During the public hearing there were no public comments opposed to the ten licenses. Mayor Girdler stated that, as an elected official, he represented the desires of the city and knew the intentions of its citizens.

 

Co-Chair Harris stated that Oldham County in his Senate district was similar in size but had been granted only three licenses.

 

In response to questions by Co-Chair Harris, Mayor Girdler stated that Pulaski County had a population of approximately 60,000 persons. The election results that repealed prohibition in Somerset demonstrated that 60 percent of voters supported repealing prohibition and 40 percent supported maintaining prohibition.

 

Mr. Nemesis stated that the issuance of ten retail package licenses constituted fraud because citizens intended to vote for five licenses when voters repealed prohibition. Business planning and financing had been based on the expectation of five licenses. Financial institutions would not have loaned funds pursuant to the same terms if it was known that there would be ten licenses issued. The number of licenses was doubled in less than one month. Nothing had changed population wise to demonstrate the need for additional licenses. Mayor Girdler had announced to the press that LiquorWorld was a preferred licensee; however, LiquorWorld did not receive a license. If LiquorWorld had received a license, the City of Somerset probably would not have petitioned for more licenses during the administrative regulation process. During the recent holiday season, there had been no complaints from the public, including tourism areas, that consumer demands for alcohol were not being met by the existing licensees. Additionally, the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT filed with this administrative regulation was superficial and erroneous. It did not comply with the requirements established by KRS 13A.240.

 

Mr. Absher stated that, as local small business owners, the current licensees had taken a big personal financial risk. Suddenly and with little notice, competition was being doubled.

 

Mrs. Johnson stated that, when licensees petitioned financial institutions for capital, those financial institution determinations relied on expectations that five licenses would be issued.

 

Mr. Daniels stated that the agency seemed to keep changing standards. Current licensees had local economic interests at heart.

 

In response to a question by Senator Clark, Mr. Nemesis stated that Somerset’s ballot initiative did not expressly state that only five licenses would be established.

 

In response to a question by Senator Bowen, Mr. Higdon stated that this situation was not unique but that, until the last two years, not many cities had voted to repeal prohibition. Until 2011, only two cities in the past 20 years had voted to repeal prohibition. Mr. Hieneman stated that the issues related to this administrative regulation were complex, and KRS 241.060(2) authorized the agency to establish the appropriate number of licenses.

 

Co-Chair Harris stated that statutory provisions for these licenses were probably adequate in previous years, but now that many cities were voting to repeal prohibition, KRS Chapter 241 probably needed revision to clarify requirements.

 

A motion was made and seconded to approve a committee amendment to return Somerset to a maximum of five licenses. In response to a question by Co-Chair Harris, Mr. Higdon stated that, respectfully, the agency did not agree with the committee amendment because the agency believed that ten licenses were appropriate. Without agreement of the agency, the committee amendment was not approved.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 22 to revise terms consistent with statutory updates. Without objection, and with agreement of the agency, the amendments were approved.

 

Representative Turner made a motion, seconded by Representative Lee, to find 804 KAR 9:040 as amended deficient. On a roll call vote, the administrative regulation as amended was found deficient, with Co-Chairs Harris and Bell; Senator Bowen; and Representatives Damron, Lee, and Turner voting in favor of the finding of deficiency.

 

Administrative Regulations Reviewed by the Subcommittee:

 

PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified

 

101 KAR 2:076. Vacancies, detail to special duty and temporary overlap. Dinah Bevington, general counsel, represented the cabinet.

 

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 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.

 

101 KAR 2:095. Classified service administrative regulations.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1, 2, 3, 5, 7, 8, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend the RELATES TO paragraph to add a citation. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 2:102. Classified leave administrative regulations.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1, 2, 3, 5, 6, 10, 11, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 2 to clarify: (a) holiday exceptions; and (b) that the leave limit shall be continuous calendar days; and (3) to amend Section 10 to make technical corrections for internal consistency. Without objection, and with agreement of the agency, the amendments were approved.

 

Personnel Cabinet, Unclassified

 

101 KAR 3:015. Leave administrative regulations for the unclassified service.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and sections 1, 2, 3, 5, 6, 9, 10, 11, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 2 to clarify: (a) holiday exceptions; and (b) that the leave limit shall be continuous calendar days; and (3) to amend Section 10 to make technical corrections for internal consistency. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 3:050. Unclassified service; promotion, transfer and disciplinary actions.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make a grammatical correction; (2) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (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 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.

 

GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board

 

201 KAR 2:020. Examination. Steve Hart, pharmacy inspector and inspection coordinator, represented the board.

 

201 KAR 2:030. License transfer.

 

In response to a question by Co-Chair Bell, Mr. Hart stated that the national background check was necessary because Kentucky had licensing reciprocity with other states. A violation in another state would not manifest from a strictly Kentucky background check. HB 1 217 of the Regular Session of the 2013 General Assembly required a national background check.

 

State Board of Licensure for Professional Engineers and Land Surveyors: Board

 

201 KAR 18:040. Fees. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.

 

201 KAR 18:072. Experience.

 

201 KAR 18:142. Code of professional practice and conduct.

 

In response to a question by Co-Chair Harris, Mr. Buckley stated that the board’s aim was to ensure that administrative hearings would involve only issues of record. Licensees were prohibited from lobbying the board in an effort to prevent jury tampering.

 

A motion was made and seconded to approve the following amendments: to amend Section 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.

 

Board of Nursing: Board

 

201 KAR 20:400. Delegation of nursing tasks. Jimmy Eisenberg, vice president; Nathan Goldman, general counsel; and Paula Shenk, executive director, represented the board. Malicia Hitch, attorney, and Heidi Schissler, legal director, represented the Division of Protection and Advocacy. Bob Babbage, cofounder of Babbage Company, and Jim McGowan, recent association member, represented the American Diabetes Association. Teresa Combs, director of legal services, represented the Kentucky School Boards Association.

 

Representative Lee thanked the board for agreeing to his committee amendment to delete Section 5 of this administrative regulation, which may have otherwise created a problem for Kentucky’s Supports for Community Living (SCL) program. That program promoted in-home care over institutionalization, and the prohibition established in Section 5 of this administrative regulation pertaining to delegating the administration of medication via injection may have resulted in unnecessary institutionalization of some program participants. Ms. Shenk stated that the board did agree to the committee amendment.

 

Ms. Hitch stated that the division applauded the board for this administrative regulation, which permitted the administration of insulin in a school setting by someone other than a nurse. Some parents of diabetic students have had to change their lives in order to provide a child with necessary insulin injections. Some diabetic students have had to go to distant schools. The division appreciated the board’s deletion and reconsideration of Section 5 of this administrative regulation, which may have otherwise harmed some independently living patients. Representative Lee reminded the division that, because the board had been willing to amend this administrative regulation due to the division’s concerns, the division too should be willing to work with the board to establish safeguards for the delegation of injections. Ms. Hitch stated that the division intended to work with the board on this issue.

 

Mr. McGowan described disruptions in his diabetic son’s school career and why this administrative regulation was important. His son had not been allowed to test his blood sugar level during the school day. Currently, approximately thirty (30) states had a program similar to that established by this administrative regulation, and the programs had been working well. Mr. McGowan supported the deletion of Section 5 of this administrative regulation. The American Diabetes Association promoted a “Safe at School” program to educate patients and schools regarding testing blood sugar levels and injecting insulin. This program had been endorsed by many medical associations, including the Centers for Disease Control. The program addressed supervision requirements and safety issues.

 

Mr. Babbage thanked the board and stated that this administrative regulation was an important step forward to creating a safer environment for diabetic students.

 

Representative Damron thanked the board and the local boards of education, superintendents, and administrators, and the American Diabetes Association for developing and strengthening this administrative regulation. The General Assembly considered this process to be the best approach to ensure that all stakeholders would be involved in the development of this policy. Representative Damron stated his agreement with Representative Lee’s committee amendment, and supported revisions to this administrative regulation in the future regarding the previous requirements in Section 5 of this administrative regulation.

 

In response to a question by Representative Lee, Mrs. Combs stated that only one (1) or two (2) school systems had been able to afford a nurse for every building facility. Supervision often would have to take place after the injection due to the lack of nursing staff. The Kentucky School Boards Association supported this administrative regulation. This administrative regulation provided flexibility for diabetic students to participate in field trips and athletic events. The association was tolerant of the deletion of the previous Section 5 of this administrative regulation.

 

A motion was made and seconded to approve the following amendments: to delete Section 5, which prohibited certain nursing tasks from being delegated to an unlicensed person, including the administration of medication via an injection. Without objection, and with agreement of the agency, the amendments were approved.

 

KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Kentucky Board of Emergency Medical Services: Board

 

202 KAR 7:330. Requirements for examination, certification, and recertification of the advanced emergency medical technician. Anne-Tyler Morgan, attorney, and Chuck O’Neal, deputy director, represented the board. Dan O’Brien, MD, associate professor of emergency medicine, Kentucky Chapter of the American College of Emergency Physicians, and Ryan Stanton, president, Kentucky Chapter of the American College of Emergency Physicians, appeared in support of these administrative regulations.

 

Dr. O’Brien stated that collection of the data required by these administrative regulations was crucial. Violations for failure to collect this data were nationally publicized even prior to state implementation. Transition periods, such as from an emergency vehicle and to and from surgery, were especially vulnerable periods for patient safety, and proper transmission of patient information was crucial to patient safety and continuity of care.

 

Mr. Stanton stated that the outcome for an emergency patient was often affected by how much useful information was available, especially from EMS providers to medical facilities. The Kentucky Chapter of the American College of Emergency Physicians supported portions of these administrative regulations, including the provisions for patient safety during transitions.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 2, 5, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

202 KAR 7:520. Allocation of block grant funding assistance for emergency medical services.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1 through 4, 6, 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.

 

202 KAR 7:540. Emergency Medical Services data collection, management, and compliance.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to clarify that electronic submission shall only be required upon full implementation of the Kentucky Emergency Medical Information System (KEMSIS); and (2) to amend Section 9 to insert an edition date. Without objection, and with agreement of the agency, the amendments were approved.

 

ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality

 

401 KAR 5:320. Wastewater Laboratory Certification Program. Thomas B. Gabbard, manager, Technical Assistance Branch, and Sandra Gruzesky, division director, represented the division.

 

In response to a question by Co-Chair Harris, Ms. Gruzesky stated that this administrative regulation was mandated by federal regulations. Ninety-seven municipalities had wastewater laboratories that would be affected by this administrative regulation. Facilities that contracted with wastewater laboratories may continue to do so and shall submit newly required paperwork to demonstrate compliance with the federal standards. For many municipal wastewater laboratories, there would not be an additional cost as this administrative regulation is implemented.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Facilities Management

 

702 KAR 4:160. Capital construction process. Kevin Brown, general counsel; Hiren Desai, associate commissioner; and Kay Kennedy, director, represented the department.

 

Senator Bowen stated that Senators David Givens and John Schickel asked Senator Bowen to express thanks to the department for addressing their concerns.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 12, 13, and 14 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 Workforce Investment: Office of Employment and Training: Unemployment Insurance

 

787 KAR 1:010. Application for employer account; reports. Dustin R. Adams, director; Melissa Beasley, assistant director; and Clay Lamb, staff attorney, represented the department.

 

787 KAR 1:290. Contract construction rates.

 

PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Quotas

 

804 KAR 9:050. Retail liquor drink license quota.

 

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 1 through 4 to revise terms consistent with statutory provisions. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing

 

815 KAR 20:034. Requirements for approval of continuing education courses and providers. Michael T. Davis, general counsel; David Moore, director; and Ambrose Wilson, commissioner, represented the division.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Medicaid Services

 

907 KAR 1:055 & E. Payments for primary care center, federally-qualified health center, federally qualified health center look-alike, and rural health clinic services. Stuart Owen, regulation coordinator, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 6 to 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.

 

907 KAR 1:071. Repeal of 907 KAR 1:070, 907 KAR 1:072, 907 KAR 1:090, 907 KAR 1:092, and 907 KAR 1:320.

 

907 KAR 1:595. Model Waiver II service coverage and reimbursement policies and requirements.

 

Other Business: A motion was made and seconded to adopt the following resolution:

 

A RESOLUTION honoring David L. Nicholas for his service to the Administrative Regulation Review Subcommittee, the Legislative Research Commission, the General Assembly, and the citizens of the Commonwealth of Kentucky.

 

WHEREAS, Dave Nicholas began his career with the Legislative Research Commission (LRC) in 1974, where he worked for five years before leaving for the executive branch; and

WHEREAS, Dave Nicholas spent over 18 years as the Director of Occupations and Professions in the Finance and Administration Cabinet, before returning home to LRC in 1999; and

 

WHEREAS, Dave Nicholas worked as a legislative analyst for the Committee on Licensing and Occupations prior to being named committee staff administrator for the Administrative Regulation Review Subcommittee on October 1, 1999; and

 

WHEREAS, for the last 14 years, Dave Nicholas has worked behind the scenes to ensure that the members of the Administrative Regulation Review Subcommittee have the information to do their jobs, and he has worked diligently with various state agencies, interested citizens, and LRC staff to bring improvements to administrative regulations and the regulatory process; and

 

WHEREAS, Dave Nicholas has a Baccalaureate degree in Business Administration and a Master’s degree in Public Administration, both from Eastern Kentucky University; and

 

WHEREAS, Dave Nicholas will be retiring at the end of this month with over 39 years of dedicated state government service;

 

NOW, THEREFORE,

 

Be it resolved by the Administrative Regulation Review Subcommittee of the General Assembly of the Commonwealth of Kentucky:

 

Section 1. This honorable body recognizes and congratulates David L. Nicholas upon his retirement as committee staff administrator of the Administrative Regulation Review Subcommittee.

 

Section 2. This honorable body tenders Dave Nicholas best wishes and expresses its appreciation for his nearly four decades of service to the legislative and executive branches of government and to the Commonwealth of Kentucky.

 

Section 3. The Regulations Compiler is directed to transmit a copy of this Resolution to Dave Nicholas.

 

Representative Lee stated that, as the longest-serving Subcommittee member present, he knew that Mr. Nicholas had a long history of integrity and careful deliberation. The Subcommittee wished him well, but noted that he would be sorely missed.

 

Senator Bowen reiterated Representative Lee’s statements and thanked Mr. Nicholas for his years of service to the Commonwealth.

 

Co-Chairs Harris and Bell thanked Mr. Nicholas, and Co-Chair Harris stated that Senator Tapp highly recommended Mr. Nicholas before Co-Chair Harris accepted the position of Senate Co-Chair. Mr. Nicholas left a legacy of excellent management and high moral standards.

 

Mr. Nicholas stated that he had enjoyed working for the Subcommittee and learned a great deal about administrative regulations. God had blessed Mr. Nicholas with wonderful legislative members, staff, and colleagues. Only once in his experience had this Subcommittee voted along party lines, which was a testimony to the fact that these legislators were statesmen. Mr. Nicholas thanked LRC staff leadership for giving him this opportunity. His goal as he retired was to provide a smooth transition. Mr. Nicholas thanked his new employer, his wife, Pat; lobbyists he had worked with over the years; and agency representatives who participated regularly in the administrative regulation process. Donna Little was announced as the new committee staff administrator effective August 1, and Mr. Nicholas stated that he had faith that she would be an excellent leader.

 

The following administrative regulations were deferred to the August 5, 2013, meeting of the Subcommittee:

 

GENERAL GOVERNMENT CABINET: Board of Registration for Professional Geologists: Board

 

201 KAR 31:010. Fees.

 

201 KAR 31:020. Compensation of board members.

 

201 KAR 31:040. Applications and examinations.

 

201 KAR 31:050. Renewals.

 

201 KAR 31:060. Code of professional conduct.

 

201 KAR 31:080. Geologist-in-training.

 

201 KAR 31:090. Complaint management process.

 

ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards

 

401 KAR 10:030. Antidegradation policy implementation methodology.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health

 

Division of Maternal and Child Health: Kentucky Early Intervention System

 

902 KAR 30:120. Evaluation and eligibility.

 

902 KAR 30:200. Coverage and payment for services.

 

Department for Medicaid Services: Payment and Services

 

907 KAR 3:230 & E. Reimbursement policies and requirements for specialty intermediate care (IC) clinic services.

 

Department for Community Based Services: Child Welfare

 

922 KAR 1:140 & E. Foster care and adoption permanency services.

 

922 KAR 1:400 & E. Supportive services.

 

Division of Child Care: Day Care

 

922 KAR 2:020. Child Care Assistance Program (CCAP) improper payments, claims, and penalties.

 

922 KAR 2:120. Child-care center health and safety standards.

 

922 KAR 2:180. Requirements for registered child care providers in the Child Care Assistance Program.

 

The Subcommittee adjourned at 12:10 p.m. until August 5, 2013 at 1 p.m.