Call to Order and Roll Call
The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 10, 2016, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Mary Lou Marzian, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senator Julie Raque Adams; Representatives Linda Belcher, and Tommy Turner.
Guests: Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Jeff Boler, Mile Grammer, Department of Revenue, Finance & Administration Cabinet; Morgan Ransdell, Board of Nursing; William Adcock, Florence Huffman, Brian Judy, Board of Social Work; Nicole Biddle, Board of Prosthetics, Orthotics, & Pedorthics; Angela Dunham, Department of Corrections; Mark Oerther, Board of Home Inspectors; Duane Curry, Jared Downs, Tim House, Steve Milby, Department of Housing, Buildings & Construction.
LRC Staff: Sarah Amburgey, Ange Bertholf, Emily Caudill, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
Guests: Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Jeff Boler, Mile Grammer, Department of Revenue, Finance & Administration Cabinet; Morgan Ransdell, Board of Nursing; William Adcock, Florence Huffman, Brian Judy, Board of Social Work; Nicole Biddle, Board of Prosthetics, Orthotics, & Pedorthics; Angela Dunham, Department of Corrections; Mark Oerther, Board of Home Inspectors; Duane Curry, Jared Downs, Tim House, Steve Milby, Department of Housing, Buildings & Construction.
The Administrative Regulation Review Subcommittee met on Tues-day, May 10, 2016, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Kentucky Higher Education Assistance Authority
11 KAR 4:080. Student aid applications. Becky Gilpatrick, di-rector of student aid services, represented the division.
KHEAA Grant Programs
11 KAR 5:145. CAP grant award determination procedure.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:050. Miscellaneous Taxes Forms manual. Jeff Boler, resource management analyst, and Mike Grammer, assistant director, Division of Miscellaneous Taxes, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; and (2) to amend Sections 1, 6, 9, and 15 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 Nursing: Board
201 KAR 20:240. Fees for applications and for services. Morgan Ransdell, attorney, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 3 to correct citations. Without objection, and with agreement of the agency, the amendments were approved.
In response to a question by Co-Chair Harris regarding 201 KAR 20:520, which was deferred pursuant to KRS 13A.280(4)(b) to the June 14 meeting of the Subcommittee, Mr. Ransdell stated that the telehealth requirements were established as authorized by, and to comply with, the statute.
Board of Social Work: Board
201 KAR 23:070. Qualifying education and qualifying experience under supervision. William Adcock, chair; Florence Huffman, executive director; and Brian Judy, assistant attorney general, rep-resented the board.
In response to questions by Co-Chair Harris, Ms. Huffman stated that electronic supervision was conducted by the supervisor-of-record discussing matters such as diagnoses and treatment plans with the supervisee via electronic means. Electronic supervision may be used in lieu of a face-to-face, physical meeting for those seeking licensure as a licensed clinical social worker.
In response to a question by Representative Belcher, Ms. Huffman stated that participants in the program were expected to appreciate the electronic supervision provisions because meeting compliance would be easier, even under adverse weather conditions or in cases of long distances.
A motion was made and seconded to approve the following amendments: to amend the TITLE; NECESSITY, FUNCTION, AND CONFORMITY paragraph; Sections 1 through 4 and Sections 7 through 10; and the Clinical Social Work Supervision Con-tract 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 Prosthetics, Orthotics and Pedorthics: Board
201 KAR 44:021. Repeal of 201 KAR 44:020 and 201 KAR 44:030. Nicole Biddle, assistant attorney general, represented the board.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:170. Green River Correctional Complex. Angela Dunham, attorney, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend GRCC 25-01-02 to clarify procedures for release notifications; (2) to amend GRCC 10-01-01, 13-08-01, and 18-04-01 to make minor technical corrections; and (3) to amend Section 1 to update the edition dates of the revised policies. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:999. Corrections secured policies and procedures.
This administrative regulation was reviewed and amended, without objection and with agreement of the agency, by the Sub-committee in closed session pursuant to KRS 61.810(1)(k), 61.815(2), and 197.025(6).
PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Home Inspectors: Board
815 KAR 6:010. Home inspector licensing requirements and maintenance of records. Brian Judy, assistant attorney general, and Mark Oerther, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to establish that the passport photograph shall be taken within the past six (6) months; (2) to amend Sections 1 through 5, 8, 11, and 12 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 12 and the material incorporated by reference to revise forms to comply with the drafting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 6:040. Home inspector prelicensing providers.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 7 to revise the form incorporated by reference to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 6:080. Continuing education provider.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 5 to revise the forms incorporated by reference to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 6:090. Procedures for complaints and administrative hearings.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Housing, Buildings and Construction: Division of Building Code Enforcement: Building Code
815 KAR 7:120. Kentucky building code. Duane Curry, director; Jared Downs, general counsel; Tim House, deputy commissioner; and Steve Milby, commissioner, represented the division.
In response to a question by Co-Chair Harris regarding this administrative regulation and 815 KAR 7:125, Mr. Milby stated that these administrative regulations primarily made corrections and made compliance with energy standards less expensive.
815 KAR 7:125. Kentucky residential code.
Division of Heating, Ventilation and Air Conditioning: Heating, Ventilation, and Air Conditioning Licensing Requirements
815 KAR 8:095. Vehicle identification.
A motion was made and seconded to approve the following amendment: to amend Section 1(3) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Division of Plumbing: Plumbing
815 KAR 20:084. Storage and installation of cross-linked poly-ethylene piping.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:191. Minimum fixture requirements.
In response to a question by Co-Chair Harris, Mr. House stated that this administrative regulation provided for mobile restrooms for use, for example, during remodeling of an existing, standard restroom.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 13, and 18 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:195. Medical gas piping installations.
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.
The following administrative regulations were deferred to the June 14, 2016, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience.
Other Business: Co-Chair Marzian announced that the Southern Legislative Conference would be held in Lexington, Kentucky, this summer, with Kentucky as the host state. Therefore, due to scheduling issues, the July meeting of the Subcommittee would be held July 14 at 1 p.m.
The Subcommittee adjourned at 1:30 p.m. until June 14, 2016, at 1 p.m.