Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> November Meeting

 

<MeetMDY1> November 12, 2013

 

Call to Order and Roll Call

The<MeetNo2> November meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> November 12, 2013, at<MeetTime> 1:00 PM, in<Room> Room 149 of the Capitol Annex. Representative Johnny Bell, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Ernie Harris, Co-Chair; Representative Johnny Bell, Co-Chair; Senators Perry B. Clark, and Sara Beth Gregory; Representatives Robert R. Damron, Jimmie Lee, and Tommy Turner.

 

Guests: Jacqueline Korengel, Travis Powell, Rae Smith, Reece Stagnolia, Council on Postsecondary Education; Maryellen Allen, State Board of Elections; Sharron Burton, Department of Insurance; Jonathan Buckley, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Brian Clark, Benji Kinman, Kentucky Department of Fish and Wildlife Resources; Ellen Benzing, Kentucky State Fair Board; Amy Barker, Department of Corrections; Carlos Cassady, Trevor L. Earl, Motor Vehicle Commission; Kevin Brown, Johnny Collett, Kay Kennedy, Karen Kidwell, David Wickersham, Department of Education; Kerri Schelling, Kentucky School Boards Association; Trey Hieneman, Frederick Hidgon, Steve Humphress, Department of Alcohol Beverage Control; Jeff Derouen, Gerald Wuetcher, Ann Ramser, Public Service Commission; Carrie Banahan, Stephanie Brammer-Barnes, Kevin Mudd, Stuart Owen, Connie Payne, Tabitha Burkhart-Wilson, Elizabeth Fiehler, Phyllis Sosa, Cabinet for Health and Family Services; and Jason Nemes.

 

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

 

The Administrative Regulation Review Subcommittee met on Tuesday, November 12, 2013, and submits this report:

 

Administrative Regulations Reviewed by the Subcommittee:

 

COUNCIL ON POSTSECONDARY EDUCATION: Adult Education and Literacy

 

13 KAR 3:010. GED® Testing Program. Jacqueline Korengel, director of statistic initiatives; Travis Powell, general counsel; and Rae Smith, associate of GED services, represented the council.

 

In response to questions by Co-Chair Harris, Mr. Powell stated that the new GED® examination fee was $120, rather than the previous sixty (60) dollar fee. The new GED® examination was computer based, and the paper examination would no longer be offered. The GED® examination fee was established by the Pearson GED® testing company and financed research and development for future versions of the examination. Other states added a state premium to the $120 GED® examination fee, but Kentucky opted not to add any additional cost. Ms. Korengel stated that, in comparison with other professional examinations, the GED® fee was less than average and the test itself was longer than average; therefore, the fee was reasonable. Mr. Powell stated that financial and other benefits to GED® certificate recipients far outweighed the fee.

 

In response to questions by Representative Lee, Ms. Korengel stated that the new fee was required once the new examination was offered. There were no provisions for participants who had paid the sixty (60) dollar fee for the previous examination but were still in the process of striving for a certificate. Those participants would be required to pay the new $120 fee independent of anything already paid toward certification. Pearson GED® established the new fee-related requirements. Mr. Powell stated that Pearson GED® was now a for-profit company. The examination program had been losing money, and some testing facilities were closing; therefore, the program was reorganized, and a new fee established. Pearson GED® had changed from a nonprofit to a for-profit company within the last year or two (2). The council’s authorizing statutes required a “GED®” examination; therefore, the council was not authorized to use a test other than the Pearson GED® examination. Ms. Smith stated that a participant who had successfully passed parts of the paper GED® examination but was not yet certified would have to start the process over again under the new GED® examination. Mr. Powell stated that, under the new GED® examination, a participant could chose to take all or parts of the GED® examination in a single examination process. Under the previous program, the financial incentive was to take all parts of the examination in a single examination process over a two (2) day period.

 

In response to questions by Representative Damron, Mr. Powell stated that the council determined who qualified for GED® certification. “GED®” was now a trademarked name by Pearson GED®. The council’s authorizing statutes required the trademarked examination, but the council was open to the General Assembly amending those statutes to allow flexibility for other examination options. Vetting examination options would take time, and the council preferred to go forward with this administrative regulation, rather than deferring. There were organizations to assist program participants in paying for the GED® examination.

 

Representative Damron stated that legislators had not intended to delegate public policy to a for-profit company in the case of the GED® examination, and the changes were not foreseen when the authorizing statutes were enacted. The overall GED® certification expense was greater than the $120 examination cost if taking into account adult education programs and related community programs. The cost still was small compared with the certification benefits; however, a for-profit company should not make public policy.

 

In response to questions by Co-Chair Harris, Ms. Smith stated that approximately 12,000 participants per year sought GED® certification. Mr. Powell stated that, even if the council’s authorizing statutes were amended to provide more flexibility in examination options, it was possible that after vetting other examinations, the Pearson GED® may still be the most appropriate examination or even the least expensive. The council would not know until the other examinations were researched. Ms. Korengel stated that, because the new examination would be computer-based only, the council had spent funding resources to ensure that each examination facility was technologically equipped to provide that testing. Additionally, the new examination was based on the core curriculum standards established in Kentucky and other states.

 

In response to questions by Representative Lee, Ms. Smith stated that the Pearson GED® examination was nationally portable and recognized by other states.

 

Co-Chair Bell stated that the council should work diligently to address all concerns expressed by the Subcommittee.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 5 to comply with the drafting and formatting requirements of KRS Chapter 13A and for clarity. Without objection, and with agreement of the agency, the amendments were approved.

 

STATE BOARD OF ELECTIONS: Forms and Procedures

 

31 KAR 4:070 & E. Recanvass procedures. Maryellen Allen, executive director, represented the board.

 

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

 

101 KAR 2:210 & E. 2014 Plan Year Handbook for the Public Employee Health Insurance Program. Sharon Burton, general counsel, represented the cabinet.

 

GENERAL GOVERNMENT CABINET: Board of Licensure for Professional Engineers and Land Surveyors: Board

 

201 KAR 18:020. Application forms. Jonathan Buckley, general counsel, represented the board.

 

In response to a question by Co-Chair Bell, Mr. Buckley stated that this administrative regulation was amended to revise the forms incorporated by reference. Additional information and clarification were required to ensure that the board has the correct, most up-to-date address for each licensee and to investigate disciplinary matters from other jurisdictions, if applicable. For example, under the previous version of this administrative regulation, the board inadvertently licensed someone who was in the process of being convicted for murder.

 

A motion was made and seconded to approve the following amendments: (1) to amend the agency name; the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend the material incorporated by reference to comply with the drafting requirements of KRS Chapter 13A and for consistency with the requirements for licensees in KRS Chapter 322. 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 1:130. Live bait for personal use. Brian Clark, assistant director of public affairs; Benjy Kinman, deputy commissioner; and Karen Waldrop, director of wildlife, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Hunting and Fishing

 

301 KAR 3:022. License, tag and permit fees.

 

In response to questions by Representative Damron, Mr. Kinman stated that these fee increases were anticipated to produce revenue of approximately $2,500,000. Representative Damron stated that it was unusual for the department to expect such large fee increases while other agencies were cutting budgets because of the economic recession and while the department was experiencing investigation of issues related to financial oversight. Mr. Kinman stated that the revenue was needed to pay for increased fleet costs, technology costs, training stipends, and health insurance rates. Fees had not been increased since 2007. Over three (3) million dollars was needed for the agency to break even.

 

In response to questions by Co-Chair Bell, Mr. Kinman stated that the department had conducted a survey that demonstrated that the department needed to lower the amount of the proposed fee increase. Otherwise, there may be a loss of revenue if sportsmen chose not to purchase the permits based on cost. Ms. Waldrop stated that overall the nonresident deer permit fee was still being increased. The agency amendment made an incremental decrease in the originally proposed fee increase, which increased the fee from sixty (60) dollars to $120, instead of $160.

 

In response to questions by Senator Gregory, Mr. Kinman stated that a federal rule change was being proposed that would establish a threshold fee. That federal rule change proposal was currently in committee. The department anticipated the number of senior hunting and fishing permits purchased to increase by approximately four (4) percent because more baby boomers were reaching the age to qualify.

 

In response to a question by Representative Turner, Mr. Kinman stated that the outside consultant cost to review the impact of the nonresident deer permit fee was $27,000. Overall, outside consultant fees, not including university consultants, was under $100,000.

 

Representative Damron stated that he wanted this administrative regulation to be deferred until there was a resolution of the federal rule change proposal. He stated that he would not support raising fees for seniors, disabled persons, or disabled veterans, especially until the investigation into the department’s financial irregularities was resolved. Ms. Waldrop apologized if she had confused Subcommittee members regarding the federal rule change proposal. She stated that she did not intend to create an impression that the rule change was already effective. Mr. Kinman stated that the nine (9) member commission did not authorize him to agree to defer consideration of this administrative regulation.

 

Representative Turner stated that the department showed a lack of respect in its failure to agree to deferral of this administrative regulation.

 

Mr. Kinman stated that the department would agree to reinstate the five (5) dollar fee for a senior or disabled combination hunting and fishing license. The Subcommittee agreed to that fee reduction.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4 and 6 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 1 to reduce the: (a) nonresident deer permit fee from $160 to $120; and (b) resident senior and disabled combination hunting and fishing license from eleven (11) dollars to five (5) dollars. Without objection, and with agreement of the agency, the amendments were approved.

 

Wildlife

 

301 KAR 4:095. Buying and selling mounted wildlife specimens.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.

 

State Fair Board: Fairgrounds and Exhibition Center

 

303 KAR 1:042. Repeal of 303 KAR 1:041. Ellen Benzing, policy analyst, represented the board.

 

In response to questions by Representative Lee, Ms. Benzing stated that the provisions established in this administrative regulation were from a 1978 policy. The board was in the process of developing new requirements, which requirements were still in draft form. The new administrative regulation may be ready for filing in approximately six (6) months.

 

JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary

501 KAR 6:050. Luther Luckett Correctional Complex. Amy Barber, assistant general counsel, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 and LLCC 13-02-05 to align the institution's payment policy for medical services with the department's policy, CPP 13.2, incorporated by reference in 501 KAR 6:020. Without objection, and with agreement of the agency, the amendments were approved.

 

TRANSPORTATION CABINET: Motor Vehicle Commission: Commission

 

605 KAR 1:050. Dealer and salesman. Carlos Cassady, executive director, and Trevor Earl, counsel, represented the commission.

 

Co-Chair Bell thanked the commission for these administrative regulations and stated that transportation was a key to economic improvement.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A; and (2) to add Section 7 to incorporate by reference the application form. Without objection, and with agreement of the agency, the amendments were approved.

 

605 KAR 1:070. Change of ownership.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to add Section 6 to incorporate by reference the application form. Without objection, and with agreement of the agency, the amendments were approved.

 

605 KAR 1:090. Business names.

 

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 comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

605 KAR 1:130. Procedures.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 through 9, and 11 through 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

605 KAR 1:190. Motor vehicle advertising.

 

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 16 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

605 KAR 1:210. Nonprofit motor vehicle dealer requirements and licensing.

 

Representative Lee thanked the commission for working with nonprofit organizations to assist the disadvantaged.

 

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 through 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend the RELATES TO paragraph to add a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.

 

EDUCATION AND WORKFORCE DEVELOPMENT: Kentucky Board of Education: Department of Education: General Administration

 

702 KAR 1:115. Annual in-service training of district board members. Kevin Brown, associate commissioner and general counsel; Karen Kidwell, director of program standards; and David Wickersham, attorney, represented the department.

 

Office of Instruction

 

704 KAR 3:035. Annual professional development plan.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

704 KAR 3:390. Extended school services.

 

In response to questions by Co-Chair Bell, Mr. Brown stated that this administrative regulation would not negatively impact schools. The new formula could make funding go up or down, but overall the total amount would remain the same as the previous formula. A slight increase was anticipated because the prior formula used old score assessments and old dropout standards.

 

In response to a question by Co-Chair Harris, Mr. Brown stated that new dropout and graduation rates precipitated the formula change.

 

In response to a question by Senator Clark, Mr. Brown stated that the department would follow up with data regarding average daily attendance.

 

Co-Chair Bell stated that he did not want a school system to lose extended services, especially because no one seemed to be able to anticipate the impact of this administrative regulation. Mr. Brown stated that the department did not receive public comments during the public comment period. Some support was expressed, but there was no negative feedback received.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to clarify what constitutes a “true emergency”; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.

 

PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Advertising Distilled Spirits and Wine

 

804 KAR 1:100. General advertising practices. Trey Hieneman, legislative liaison; Frederick Higdon, commissioner; and Steve Humphress, general counsel, represented the department. Jason Nemes, attorney, represented license holders in Somerset to request revisions to 804 KAR 9:040.

 

In response to a question by Representative Damron, Mr. Hieneman stated that this administrative regulation had been silent regarding the issue of advertising through social media, and the purpose of the revision was to clarify that advertising through social media was not prohibited.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 2 to add additional relevant citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, 5, 8, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Quotas

 

804 KAR 9:040. Quota retail package licenses.

Mr. Nemes stated that he represented three license holders in Somerset. The administrative regulation process had worked successfully pertaining to this administrative regulation. He generally supported this administrative regulation; however, his clients still requested two (2) revisions. Rather than automatically assigning a city more than one (1) license in order to avoid a monopoly, in addition to population, the department should consider nearness to other cities with licenses. Also, Mr. Nemes requested an amendment to require evidence of ability or inability to serve the area in order to support a change in licensure.

 

Representative Turner stated that the sorts of problems encountered in Somerset were an example of the problems associated with reclassification of licenses.

 

In response to the comments by Mr. Nemes, Mr. Hieneman stated that the new administrative regulation based licenses on population solely because the department believed to do so would reflect the intention of the voting citizens.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 5, and 6 to: (1) clarify this administrative regulation's applicability to cities that have already been given quotas; (2) specify the standard to determine if a city will receive an increased quota; (3) clarify procedures for quota vacancies and reductions; (4) reorganize provisions; and (5) 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: Public Service Commission: Utilities

807 KAR 5:001. Rules of procedure. Jeff Derouen, executive director; Gerald Wuetcher, attorney; and Ann Ramser, attorney, represented the commission.

 

In response to a question by Representative Damron, Mr. Wuetcher stated that the provision for free filing for small utilities was not changed.

 

A motion was made and seconded to approve the following amendment: to amend Section 8 to clarify that the format for information provided in an electronic spreadsheet shall be Excel. Without objection, and with agreement of the agency, the amendment was approved.

 

807 KAR 5:069. Filing requirements and procedures for federally funded construction project of a water association, a water district, or a combined water, gas, or sewer district.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.

 

807 KAR 5:076. Alternative rate adjustment procedure for small utilities.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Kentucky Health Benefit Exchange: Exchange

 

900 KAR 10:030 & E. Kentucky Health Benefit Exchange eligibility and enrollment in a qualified health plan. Carrie Banahan, executive director, represented the cabinet.

 

Co-Chair Harris stated that he did not believe that the cabinet had statutory authority for this administrative regulation and requested that the cabinet defer. In response, Ms. Banahan stated that the cabinet believed it did have statutory authority for this administrative regulation and declined to defer.

 

A motion was made and seconded to find this administrative regulation deficient. With Co-Chair Harris, Senator Gregory, and Representative Turner voting for a finding of deficiency and Senator Clark and Representatives Damron and Lee voting not to find this administrative regulation deficient, the motion was not approved.

 

Representative Damron explained his vote. He stated that this administrative regulation established the federal requirements for the exchange. Without these requirements, some otherwise ineligible applicants may qualify for taxpayer provided subsidies.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 6, 7, 8, 9, 11, 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.

 

Office of the Inspector General: Division of Health Care: Health Services and Facilities

902 KAR 20:027. Repeal of 902 KAR 20:021 and 902 KAR 20:026. Stephanie Brammer-Barnes, internal policy analyst, and Connie Payne, acting inspector general, represented the cabinet.

 

Department for Medicaid Services: Division of Administration and Financial Management: Medicaid Services

 

907 KAR 1:563. Medicaid covered services appeals and hearings unrelated to managed care. Stuart Owen, regulation coordinator, represented the cabinet.

 

In response to questions by Representative Damron, Mr. Owen stated that 907 KAR 17:010 was already in effect. The appeal process was essentially the same as the process for private-pay insurance participants, except that the managed care organization’s internal appeals process had to be exhausted before exercising the processes in this administrative regulation. That exception was intended to prevent two (2) appeals being processed simultaneously in two (2) different systems. Both appeal procedures have time requirements to prevent overly burdensome treatment delays.

 

In response to a question by Representative Lee, Mr. Owen stated that the administrative regulation’s language regarding continuation of services during an appeal was taken directly from the federal requirements. The cabinet had worked with the Department of Protection and Advocacy to respond to the issue of the language for continuation of services during an appeal and determined that using the federal language directly was prudent.

 

In response to questions by Representative Damron, Mr. Owen stated that Medicaid contracted with a company to address issues pertaining to denials of service. This administrative regulation complied with federal requirements regarding appeals pertaining to denials of service.

 

Representative Damron stated that the cabinet did not seem to provide adequate independent review of appeals pertaining to denials of service. Because the cabinet was so closely related to the managed care organizations, the appropriate level of independence was absent. It was important that decisions regarding appeals pertaining to denials of service be based on medical, not financial, factors.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add definitions of “administrative hearing”, “hearing officer”, and “party”; (2) to amend Sections 1, 2, and 4 through 17 to: (a) clarify that references to a hearing means an administrative hearing; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 5 to specify what actions qualify for continuation of services in accordance with the established procedures; (4) to amend Section 6 to specify that an administrative hearing shall be conducted within thirty (30) days of the date of the request for an administrative hearing unless otherwise authorized by the hearing officer; (5) to amend Sections 7, 9, 10, 11, and 12 to align the administrative hearing procedures to those established in KRS Chapter 13B; and (6) to amend Section 13 to establish the maximum fee an attorney is authorized to charge an applicant or recipient for representation regarding Medicaid before the Supreme Court of Kentucky. Without objection, and with agreement of the agency, the amendments were approved.

 

Department for Behavioral Health, Developmental and Intellectual Disabilities: Division of Administration and Financial Management: Institutional Care

908 KAR 3:050. Per diem rates. Kevin Mudd, counsel, and Tabitha Burkhart – Wilson, psychology program administrator, represented the cabinet.

 

In response to a question by Co-Chair Harris, Mr. Mudd stated that all costs were raised, except at Oakwood, which had decreased costs.

 

908 KAR 3:060. "Means test" for determining patient liability.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to specify provisions; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 4 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.

 

Department for Aging and Independent Living: Division of Quality Living: Aging Services

 

910 KAR 1:190. Nutrition program for older persons. Elizabeth Fiehler, dietician, and Phyllis Sosa, staff assistant, represented the cabinet.

 

In response to a question by Representative Lee, Ms. Fiehler stated that this administrative regulation removed the requirement for a minimum of five (5) dissimilar components as long as meals still met nutritional standards. Under the previous requirements, meeting the requirement often made meals less appetizing just to fill each slot in a tray.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to add citations; (2) to amend Section 10 to specify provisions; and (3) to amend Sections 1, 3, 4, 6, 10, and 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

The following administrative regulations were deferred to the December 10, 2013, meeting of the Subcommittee:

 

FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules

 

105 KAR 1:140 & E. Employer's administrative duties.

 

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

 

401 KAR 10:030. Antidegradation policy implementation methodology.

 

JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary

 

501 KAR 6:020 & E. Corrections policies and procedures.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan

 

900 KAR 5:020 & E. State Health Plan for facilities and services.

 

The Subcommittee adjourned at 3:35 p.m. until December 10, 2013 at 1 p.m.