Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, September 11, 2013, at 1:00 PM, in Room 154 of the Capitol Annex. Representative Johnny Bell, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Johnny Bell, Co-Chair; Senators Joe Bowen, Perry B. Clark, and Sara Beth Gregory; Representatives Jimmie Lee, and Tommy Turner.
Guests: Darrell Johnson, Stephen McMurry, Timothy West, UK College of Agriculture Regulatory Services; Noel Caldwell, John McGarvey, Office of Secretary of State; Jeff Boler, Mark Johnson, Jim Oliver, Melissa Russell, Department of Revenue; Mike Rodman, Julie Swindler, Lloyd Vest, Kentucky Board of Medical Licensure; Angela Evans, Shelly Saffran, Ky Real Estate Commission; Robin Harris, Michael West, Kentucky Board of Speech Language Pathology and Audiology; Matt James, Larry Smith, Licensed Diabetes Educators; Tina Brunjes, Steven Dober, Benjy Kinman, David Wicker, Kentucky Fish and Wildlife; Richard K Kessley, Zeb Weese, Department for Natural Resources; Amber Arnett, Department of Corrections; Dana M. Todd, Justice and Public Safety Cabinent; Ann DAngelo, Kim Jenkins, Todd Shipp, Transportation Cabinet; Chad Collins, Julian Tackett, Kentucky High School Athletic Association; Kevin C. Brown, Kim Kidwell, Amy Peabody David Wickersham, Kentucky Board of Education; Dustin R. Adams, Clay Lamb, Department of Workforce Investment; Trey Hieneman, Steve Humphress, Department of Alcoholic Beverage Control; Stephanie Bell, Daniel Hinton, Dennis Brent Kirtley, Jerry Wuetcher, Public Service Commission; Michael Davis, George Tokarchick; Department of Housing, Buildings and Construction; Julie Brooks, Robert Cotton, Elizabeth Caywood, Carlene Egbert, Paula Goff, Fran Hawkins, Stuart Owen, Cabinet for Health and Family Services; Robert Bevins, Kentuckians for Science Education; Martin Brock, Eastern Kentucky University; Rick Clewett, Climate Parents; Martin Cothron, The Family Foundation, Terry Donoghue, Northern Kentucky Tea Party; Blaine Ferrell, Kentucky Academy of Sciences; Adrienne Gilbert, Constituents-Take Back Kentucky; Trent Garrison, American Institute of Professional Geologists; Edwin Hensley, Kentucky Secular Society; Richard Innes, Bluegrass Institute; Mike Mangrell, MoveOn.Org; Daniel Phelps, Kentucky Paleontological Society; Maureen Carman, Cindy Rusah, Paul Vincelli; Private Citizens.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Emily Harkenrider, Karen Howard, Laura Napier, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Wednesday, September 11, 2013, and submits this report:
The subcommittee determined that the following administrative regulation did not comply with statutory requirements and was deficient:
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Office of Instruction
704 KAR 3:303. Required core academic standards. Kevin C. Brown, general counsel; Karen Kidwell, division director; and David Wickersham, assistant general counsel, represented the department. Robert Bevins, PhD, Kentuckians for Science Education, appeared in support of this administrative regulation. Martin Cothran, senior policy analyst, The Family Foundation, and Richard Innes, staff education analyst, The Bluegrass Institute, appeared in opposition to this administrative regulation.
Dr. Bevins stated that Kentuckians for Science Education affirmed the science standards established in this administrative regulation. As an educator, Dr. Bevins witnessed graduates who had lost interest in science because of curriculum shortcomings. Too much of the curriculum was memorization, rather than hands-on experience. The average college or university student needed approximately forty-five (45) hours of remedial science education to prepare for college-level science classes. Many students had not been exposed to issues such as evolution, and most knew very little about global warming. Every school of note taught evolution and global warming. The science standards were open and flexible. The standards were formed with the input of many stakeholders, but some stakeholders still disagreed with the standards established in this administrative regulation. Dr. Bevins stated that those stakeholders overdramatized the curriculum’s emphasis on global warming. Many of the referenced instances of the use of global warming were actually references to basic weather. Dr. Bevins expected Kentucky and its students to be ridiculed if Kentucky was the first state to reject these standards. Kentucky students would be disadvantaged regarding out-of-state schools and careers. The economy would be hurt because business interests would then expect Kentucky employees to be unprepared, especially in areas of technology.
In response to questions by Senator Bowen, Dr. Bevins agreed that Northwestern University was a school of distinction. Senator Bowen stated that his son graduated from Northwestern University and was never criticized based on his Kentucky education.
In response to questions by Representative Lee, Dr. Bevins stated that the study of global warming required an understanding of basic scientific concepts, which were not being taught. When Kansas removed evolution from the state science standards, out-of-state schools viewed Kansas students negatively as a result. A scientific theory required a tremendous amount of supportive evidence. Evolution was taught as a scientific theory. Even if evolution was included in a curriculum, it was often at the end of the class syllabus and omitted due to time constraints.
In response to questions by Senator Clark, Dr. Bevins stated that the Next Generation Science Standards were not deficient in the areas of chemistry and physics. In fact, more physics concepts were included than in the past standards. Experts in chemistry and physics were involved with educators to develop these standards. Of the twenty-six (26) states involved in developing the standards, Kentucky generated some of the most comments.
In response to questions by Representative Graham, Ms. Kidwell recited a long list of prestigious academic institutions and scholars who were involved in developing these standards, including a Nobel laureate in chemistry. She stated that the standards consisted of a conceptual framework, rather than a specific curriculum. The standards were developed so that they could be updated as needed. It had been a decade since these standards had last been updated, and, since that time, there had been a plethora of research indicating better ways to teach science in the classroom, including promoting more hands-on experiences.
Mr. Innes stated that The Bluegrass Institute considered these standards to be sorely lacking because they taught to the lowest level of nontechnical science. The standards did not adequately prepare students for careers in technological fields. The Web site for the standards admitted that advanced chemistry and physics were not included. Only a foundation was provided for these higher areas of science. Every student should have the opportunity to learn high level chemistry or physics at the high school level. These standards did not include subjects not included in standardized testing.
Mr. Cothran stated that The Family Foundation was concerned about the emphasis on evolution and global warming in these science standards, while at the same time deemphasizing science basics, such as classification. Half of the field of science was omitted by these standards, including the basics of natural science. It was a mistake for Kentucky to adopt standards without fully reviewing them. During the public input process, these standards were not amended in response to public concerns.
In response to a question by Co-Chair Bell, Mr. Brown stated that the cabinet did not agree to defer consideration of this administrative regulation to the October meeting of the subcommittee.
Senator Bowen stated that these standards did not have the overwhelming support of the citizens of the Commonwealth. There had been a groundswell of dissent regarding these standards. The responsibility of a legislator was to support the will of the citizens.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a typographical error; (2) to amend Section 2 to change the date of the material incorporated by reference; and (3) to amend the material incorporated by reference to: (a) change the edition date to September 2013; (b) change the summary of 704 KAR 3:305 in three (3) places to accurately describe the requirements of this administrative regulation; and (c) correct pagination errors in the document’s introductory pages. Without objection, and with agreement of the agency, the amendments were approved.
Senator Bowen made a motion, seconded by Representative Turner, to find 704 KAR 3:303 as amended deficient. On a roll call vote, the administrative regulation as amended was found deficient with Co-Chairs Bell and Harris, Senators Bowen and Gregory, and Representative Turner voting in favor of the finding of deficiency.
Administrative Regulations Reviewed by the subcommittee:
AGRICULTURAL EXPERIMENT STATION: Seed
12 KAR 1:116. Sampling, analyzing, testing, and tolerances. Darrell Johnson, director; Stephen McMurry, director of fertilizer and seed programs; and Timothy West, director of business administration, represented the Agricultural Experiment Station.
12 KAR 1:135. Tags available for purchase from the director.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.
12 KAR 1:140. Permits, reports, and fees for persons using own tags.
In response to a question by Co-Chair Harris, Mr. McMurry stated that the fee structure was revised to address issues of seasonality.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 through 4 to delay the effective date of the fee changes until January 1, 2014; and (2) to amend Section 2 to clarify reporting requirements. Without objection, and with agreement of the agency, the amendments were approved.
12 KAR 1:145. Registration of agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners.
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 2 to insert additional relevant citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
12 KAR 1:150. Stop sale orders.
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 and 2 to delete provisions that repeated statutory provisions. Without objection, and with agreement of the agency, the amendments were approved.
12 KAR 1:155. Schedule of charges for samples submitted for testing.
A motion was made and seconded to approve the following amendments to Section 1: (1) to delay the effective date of the fee changes until January 1, 2014; (2) for clarity; and (3) to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with objection of the agency, the amendments were approved.
12 KAR 1:165. Germination standards for vegetable seed.
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 Section 1 to: (a) specify that muskmelon has a germination standard of seventy-five (75) percent; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
SECRETARY OF STATE: Implementation of Revised Article 9
30 KAR 5:010 & E. Definitions for 30 KAR Chapter 5. Noel Caldwell, general counsel, and John McGarvey, commissioner, represented the office of the Secretary of State.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
30 KAR 5:020 & E. General provisions.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 5 for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
30 KAR 5:030 & E. Acceptance and refusal of records.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 6 for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
30 KAR 5:040 & E. UCC Information Management System.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 17 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 18 to incorporate by reference the Financing Form. Without objection, and with agreement of the agency, the amendments were approved.
30 KAR 5:050 & E. Filing and data entry procedures.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
30 KAR 5:060 & E. Search requests and reports.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to specify a five (5) dollar fee for search requests. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Inheritance Tax
103 KAR 2:005. Life expectancy table. Jeff Boler, tax policy consultant; Mark Johnson, tax policy consultant; and Jim Oliver, director, Division of Miscellaneous Taxes, represented the department.
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 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.
Income Tax; Corporations
103 KAR 16:230. Intangible expenses, intangible interest expenses, and management fees.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 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.
Selective Excise Tax; Cigarettes
103 KAR 41:120. Retention of records.
In response to questions by Co-Chair Bell, Mr. Johnson stated that some non-stamped cigarettes were stored by wholesalers until sold to retailers. Changes to the retention of record requirements were for compliance with the authorizing statute.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct an effective date; and (2) 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.
103 KAR 41:200. Manufacturers report.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 2 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: Board of Medical Licensure: Board
201 KAR 9:016. Restrictions on use of amphetamine and amphetamine-like anorectic controlled substances. Mike Rodman, executive director; Julie Swindler, MD, bariatric expert; and Lloyd Vest, general counsel, represented the board.
In response to a question by Senator Bowman, Dr. Swindler stated that body fat of thirty (30) percent or more for women and twenty-five (25) percent or more for men constituted obesity pursuant to current national guidelines. Ethnicity and gender were also factors in determining the percentages.
A motion was made and seconded to approve the following amendments to Section 4: (1) to clarify what percentage of body fat is considered normal; and (2) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Real Estate Commission: Board
201 KAR 11:220. Errors and omissions insurance requirements. Angela Evans, assistant attorney general, and Shelly Saffran, administrative director, represented the board.
In response to questions by Co-Chair Harris, Ms. Saffran stated that approximately 12,000 active licensees were affected by this administrative regulation. Insurance fees would be covered by the real estate agent or broker. Ms. Saffran stated that the real estate industry supported this administrative regulation, which protected consumers. The amendment clarified board procedures.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 for clarity; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 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.
Board of Speech-Language Pathology and Audiology: Board
201 KAR 17:012. Requirements for licensure. Robin Harris, board member, and Michael West, assistant attorney general, represented the board.
In response to a question by Senator Bowen, Mr. West stated that these administrative regulations clarified questions on the form incorporated by reference.
201 KAR 17:030. License fees and renewal requirements.
201 KAR 17:034. Requirements for licensure as a speech-language pathology assistant.
201 KAR 17:036. Requirements for licensure for an audiologist.
Board of Licensed Diabetes Educators: Board
201 KAR 45:001. Definitions for 201 KAR Chapter 45. Matt James, assistant attorney general, and Larry Smith, board member, represented the board.
In response to a question by Co-Chair Harris, Mr. Smith stated that these administrative regulations established a new diabetes educator licensure program, provided for different types of diabetes educators, and established a fee structure for the program.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 45:070. Application procedures for current practitioners.
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.
201 KAR 45:100. Fees.
In response to a question by Co-Chair Harris, Mr. Smith stated that this administrative regulation established fees lower than the maximums allowed by the authorizing statute.
201 KAR 45:110. Supervision and work experience.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:120. Renewal, reinstatement, and inactive status.
A motion was made and seconded to approve the following amendments: to amend the TITLE and Sections 1 through 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:130. Continuing education.
In response to a question by Co-Chair Harris, Mr. Smith stated that Kentucky was the first state to establish this program; therefore, comparison with other states’ requirements was not possible. Some national associations required more continuing education hours than those established in this administrative regulation.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:140. Code of ethics.
201 KAR 45:150. Complaint procedures.
A motion was made and seconded to approve the following amendments: (1) to establish a definitions section for clarity; 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.
201 KAR 45:160. Scope of practice.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a relevant statutory 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:150. Waters open to commercial fishing. Steven Dobey, program coordinator, bear program; Benjy Kinman, deputy commissioner; and David Wicker, counsel, represented the department.
In response to a question by Co-Chair Harris, Mr. Kinman stated that Lake Nolan and Rough River were not included in this amendment because commercial fishing was not taking place on those waterbodies.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:201. Recreational fishing limits.
In response to a question by Co-Chair Harris, Mr. Kinman stated that each waterbody was having fishing requirements changed for different reasons. The department’s intent was to promote and maintain recreational fishing.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 5, 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.
Game
301 KAR 2:132. Elk depredation permits, landowner cooperator permits, and quota hunts.
In response to a question by Co-Chair Bell, Mr. Kinman stated that elk licenses in the expanded Knott County EMU were entered in the late draw. A redraw would be done from that subset.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 5, 6, 8, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:300. Black bear seasons and requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, and 6 through 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 13 for consistency. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Technical and Administrative Support: General Administrative Procedures
418 KAR 1:010. Definitions for 418 KAR Chapter 1. Richard K. Kessler, PhD, chair, and Zeb Weese, environmental biology consultant, 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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
418 KAR 1:040. Grant applications.
A motion was made and seconded to approve the following amendments: 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.
418 KAR 1:050. Procedures for acquisitions of land.
A motion was made and seconded to approve the following amendments: to amend Section 3 to establish that, if the requirements of an agreed upon Memorandum of Agreement have been met, then an extension of the deadline for acquisition may be granted by the board. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:999 & E. Corrections secured policies and procedures. Amber Arnett, staff attorney, represented the department.
This administrative regulation was reviewed and amended, without objection and with agreement of the agency, by the subcommittee in closed session pursuant to KRS 61.810(1)(k), 61.815(2), and 197.025(6).
Kentucky Law Enforcement Council: Council
503 KAR 1:161. Repeal of 503 KAR 1:160. Dana M. Todd, assistant general counsel, represented the council.
Department of Criminal Justice Training: General Training Provision
503 KAR 3:091. Repeal of 503 KAR 3:090 and 503 KAR 3:100.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver License: Driver Improvement
601 KAR 13:025. Point system. Ann D’Angelo, assistant attorney general; Kim Jenkins, legislative liaison; and Todd Shipp, senior counsel, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 through 4, 6, 7, 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage middle and high school interscholastic athletics. Chad Collins, general counsel; Amy Peabody, assistant general counsel; and Julian Tackett, commissioner, represented the Kentucky High School Athletic Association.
In response to a question by Senator Bowen, Mr. Tackett stated that the amendments to this administrative regulation would be implemented in 2014. Schools had a year to prepare for the new requirements. Stakeholders had been informed of the changes, which were well-received by school administrators.
In response to a question by Co-Chair Bell, Mr. Tackett stated that the association worked with stakeholders to develop the committee amendment to this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Section 2 to specify that a student who has participated at the high school level prior to the 2014-2015 school year is exempt from the requirement to be enrolled in at least grade seven (7); (3) to amend Section 6 to add and update forms; (4) to amend Sections 2, 3, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 3 to: (a) add relevant citations to KRS 156.070 and 160.380; (b) establish sports medicine requirements for the middle school level; (c) establish that the Middle School Athletics Advisory Committee shall be comprised of at least three (3) middle school representatives from each supreme court district, as well as three (3) at-large representatives; (d) require recommendation for improvements to and participation in middle school interscholastic activities; (e) require the provision of educational materials; (f) establish scrimmage and contest requirements; (g) establish that limitation requirements shall not apply to post-season activities; (h) establish that middle schools may compete against combined elementary or middle school teams, if done in accordance with this administrative regulation; (i) clarify that these requirements shall not prohibit a school or school district from choosing to join a conference or association that has developed rules for a sport to satisfy the requirements of this administrative regulation; (j) clarify provisions; and (k) specify that the Middle School Athletics Advisory Committee is to report “not less than annually” to the commissioner of the KHSAA. 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. Dustin R. Adams, director, Division of Unemployment, and Clay Lamb, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 6, and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:400 & E. ABC basic application form incorporated by reference. Trey Hieneman, legislative liaison, and Steve Humphress, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to change the edition date of the material incorporated by reference; and (2) to amend the basic application form to: (a) add input and review dates for ABC staff; (b) add a question relating to application for a Transitional License; (c) clarify basic contact information to require a home address (and also an employer identification number (EIN) if the applicant is not a U.S. citizen); (d) add signature lines for administrators issuing a transitional license; and (e) require the applicant to submit the applicant's name and address upon applying for local ABC approval. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:410 & E. Special applications and registration forms incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to change the edition dates of the material incorporated by reference; (2) to amend the Special Agent/Solicitor, Out-of-State Producer/Supplier of Distilled Spirits/Wine, Out-of-State Producer/Supplier of Malt Beverage Application form to delete a question about registering with the Revenue Cabinet because it was already addressed by statute; (3) to amend the Special Temporary License Application to: (a) clarify basic contact information to require a home address (and also an employer identification number (EIN) if the applicant is not a U.S. citizen); (b) add input and review dates for ABC staff; and (c) require the applicant to submit the applicant's name and address upon applying for local ABC approval; and (4) to amend the Supplemental License Application to: (a) add input and review dates for ABC staff; and (b) require the applicant to submit the applicant's name and address upon applying for local ABC approval. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Public Service Commission: Utilities
807 KAR 5:009. Repeal of 807 KAR 5:003. Stephanie Bell, deputy executive director, and Jerry Wuetcher, staff attorney, represented the commission.
In response to a question by Senator Bowen, Ms. Bell stated that changes to these administrative regulations were to revise procedures. The program itself was not new.
807 KAR 5:011. Tariffs.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 5, 6, 8, 10, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:067. Purchased water adjustment for investor-owned utilities.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 3 through 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:068. Purchased water adjustment for water districts and water associations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 5, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:075. Treated sewage adjustment for water districts and water associations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 5, 6, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Elevator Safety
815 KAR 4:030 & E. Elevator contractor licensing requirements. Michael Davis, general counsel, and George Tokarchick, elevator inspector, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 for clarity; and (2) to amend Section 8 and the Elevator Contractor License Application to: (a) change the edition date; (b) conform the form's photograph requirements to those established in this administrative regulation; and (c) to update the agency's address. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 4:040 & E. Elevator mechanic licensing requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Maternal and Child Health: WIC Program
902 KAR 18:011. Definitions for 902 KAR Chapter 18. Carlene Egbert, program investigator officer, and Fran Hawkins, branch manager, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:021. Eligibility, certification periods, and time frames for processing applicants.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify what constitutes sufficient proof of residence, identity, and household income; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 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.
902 KAR 18:031. Participant abuse.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 for clarity; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY 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.
902 KAR 18:040. Fair hearing procedures for participants.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:050. Vendor authorization criteria.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to require retailers to comply with the Kentucky WIC Manual for Applying Retailers; (2) to amend Section 2 to require authorized vendors to comply with the Manual for Contracted WIC Vendors; and (3) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:061. Vendor violations and sanctions.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 for clarity; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:071. Participant access determination and civil money penalty.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:081. Local agency and vendor hearing process and administrative appeal process.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 18:090. High risk criteria.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Early Intervention System
902 KAR 30:001. Definitions for 902 KAR Chapter 30. Julie Brooks, health program administrator, and Paula Goff, Part C coordinator, represented the cabinet.
902 KAR 30:110. Point of entry and service coordination.
A motion was made and seconded to approve the following amendments: to amend Section 2 for clarity. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 30:120. Evaluation and eligibility.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 5 to incorporate by reference the “established risk conditions.” Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 30:130. Assessment, service planning, and assistive technology.
902 KAR 30:150. Personnel qualifications.
902 KAR 30:160. Covered services.
902 KAR 30:180. Procedural safeguards.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Section 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 30:200. Coverage and payment for services.
Department for Medicaid Services: Payment and Services
907 KAR 3:225 & E. Specialty intermediate care (IC) clinic service and coverage policies and requirements. Stuart Owen, regulation coordinator, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add definitions of “intellectual disability” and “mental illness”; (2) to amend Section 3 to specify pursuant to what conditions a recipient is eligible to receive specified services; (3) to amend Section 6 to: (a) prohibit the use of prone or supine restraint, corporal punishment, seclusion, verbal abuse, or any procedure that denies private communication, requisite sleep, shelter, bedding, food, drink, or use of a bathroom facility; (b) clarify what services an advanced practice registered nurse may provide in a specialty IC clinic; (c) establish which services shall be reimbursed by the department, rather than a managed care organization; and (d) establish which services shall be included in the scope of physician services; and (4) to amend 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.
907 KAR 3:230 & E. Reimbursement policies and requirements for specialty intermediate care (IC) clinic services.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 4, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Commissioner's Office: Hospital Service Coverage and Reimbursement
907 KAR 10:018. Repeal of 907 KAR 10:017, 907 KAR 10:372, and 907 KAR 10:376.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:040. Procedures for determining initial and continuing eligibility. Elizabeth Caywood, internal policy analyst, represented the cabinet.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with the agreement of the agency, the amendment was approved.
921 KAR 2:046. Adverse action; conditions.
A motion was made and seconded to approve the following amendments: to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 2:050. Time and manner of payments.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 for clarity and 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 Protection and Permanency: Child Welfare
922 KAR 1:450. Eligibility confirmation for tuition waiver.
The following administrative regulations were deferred to the October 8, 2013, meeting of the subcommittee:
GENERAL GOVERNMENT CABINET: Board of Hairdressers and Cosmetologists: Board
201 KAR 12:020. Examination.
201 KAR 12:040. Apprentices; ratio to operators.
201 KAR 12:045. Apprentice, nail technician, esthetician, and instructor's licensing.
201 KAR 12:050. Reciprocity for valid licensee.
201 KAR 12:060. Inspections.
201 KAR 12:065. New, relocated and change of owner salons.
201 KAR 12:088. Esthetic course of instruction.
201 KAR 12:100. Sanitation standards.
201 KAR 12:101. Equipment sanitation.
201 KAR 12:120. School faculty.
201 KAR 12:125. Schools' student administrative regulations.
201 KAR 12:176. Repeal of 201 KAR 12:175, 201 KAR 12:200, and 201 KAR 12:210.
201 KAR 12:180. Hearing procedures.
201 KAR 12:190. Investigations and complaints.
201 KAR 12:260. License fees, examination fees, renewal fees, restoration fees and miscellaneous fees.
201 KAR 12:270. Threading practice.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology.
Department for Natural Resources: Division of Mine Reports: Bond and Insurance Requirements
405 KAR 10:090 & E. Production fees.
405 KAR 10:201E. Repeal of 405 KAR 10:200.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Kentucky Health Benefit Exchange: Health Benefit Exchange
900 KAR 10:010 & E. Exchange participation requirements and certification of qualified health plans and qualified dental plans.
900 KAR 10:050 & E. Individual Agent or Business Entity Participation with the Kentucky Health Benefit Exchange.
Department for Medicaid Services: Medicaid Services
907 KAR 1:563. Medicaid covered services appeals and hearings unrelated to managed care.
The subcommittee adjourned at 3 p.m. until October 8, 2013 at 1 p.m.