Call to Order and Roll Call
The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 10, 2017, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Ken Upchurch, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Ken Upchurch, Co-Chair; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representatives Jason Petrie, and Tommy Turner.
Guests: Travis Powell, Rae Smith, Council on Postsecondary Education; Mark Bowman, Dennis Shephard, Department of Veterans Affairs; Beau Barnes, Teachers Retirement System; Steve Bullard, Department of Military Affairs; Leanne Diakov, Board of Medical Licensure; Melanie Abner, Curt Duff, John Marcus Jones, Board of Ophthalmic Dispensers; Kanetha Dorsey, Board of Embalmers and Funeral Directors; Nathan Goldman, Board of Nursing; Scott Majors, Board of Physical Therapy; Matt James, Licensed Diabetes Educators; Allen Luttrell, Michael Mullins, James Wright, Department of Natural Resources; Heather Wagers, Fred Williams; Kentucky State Police; Amy Barker, Department of Corrections; Chad Collins, Julian Tackett, Kentucky High School Athletic Association; Angela Evans, Howdy Kurtsinger, Fire Commission; Laura Arnold, Chase Bannister, David Horseman, Katie Houghlin, Brad Montell, Department of Education; Kevin Osborne, Department of Workforce Development; Ervin Dimeny, Brooken Smith, Labor Cabinet; Stephen Humphress, Heather Mercadante, Department of Alcoholic Beverage Control; Patrick O’Connor, Department of Insurance; Tim Feeley, Suzette Kimbell, and Greg Mayes, Office of the Secretary.
LRC Staff: Sarah Amburgey, Stacy Auterson, Emily Caudill, Betsy Cupp, Ange Darnell, Emily Harkenrider, Karen Howard, and Carrie Klaber.
The Administrative Regulation Review Subcommittee met on Tuesday, October 10, 2017, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions
13 KAR 2:120. Comprehensive funding model for the allocation of state general fund appropriations to public universities. Travis Powell, general counsel and associate council vice president, represented the council.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 and 6 through 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.
13 KAR 2:130. Comprehensive funding model for the allocation of general fund appropriations to the Kentucky Community and Technical College System institutions.
A motion was made and seconded to approve the following amendments: 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.
Adult Education and Literacy
13 KAR 3:050. GED® eligibility requirements.
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.
OFFICE OF THE GOVERNOR: Department of Veterans’ Affairs: State Veterans’ Nursing Homes
17 KAR 3:020 & E. Charges for room and board, goods and services at state veterans’ nursing homes. Mark Bowman, executive director, and Dennis Shepherd, counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to add a new Section 4 to incorporate by reference required building standards. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Teachers’ Retirement System: Board of Trustees
102 KAR 1:070. Application for retirement. Beau Barnes, deputy executive secretary and general counsel, represented the board.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
DEPARTMENT OF MILITARY AFFAIRS: Division of Administrative Services: Military Assistance Trust Funds
106 KAR 2:040. Survivor benefits for death of a National Guard or Reserve Component member. Brigadier General; Steve Bullard; deputy chief for the joint staff of the joint-force headquarters for the Kentucky National Guard, chief of staff for the Headquarters of the Kentucky Air National Guard, and Director of the Division of Administrative Services, Kentucky Department of Military Affairs; represented the division.
Co-Chair Upchurch thanked Brigadier General Bullard for his service to the country.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 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.
GENERAL GOVERNMENT CABINET: Board of Medical Licensure
201 KAR 9:260. Professional standards for prescribing and dispensing controlled substances. Leanne Diakov, general counsel, represented the board.
In response to questions by Co-Chair Harris, Ms. Diakov stated that the three (3) day window restriction on controlled substances was for acute pain. Pain associated with a surgical procedure constituted an exception, in which case a surgeon had a fourteen (14) day window to issue an additional prescription if necessary. The duration of that prescription was at the discretion of the surgeon.
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, 3, 5, 6, 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.
Department of Professional Licensing: Board of Ophthalmic Dispensers
201 KAR 13:040. Licensing; application, examination, experience, renewal, and inactive status. Melanie Abner, optician; Curt Duff, optician assistant; and Marcus Jones, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4 and 6 and the material incorporated by reference to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 6 to cross reference KRS 335B.020 and 335B.030 regarding board notification and procedure requirements for applicants with a prior criminal conviction and to require the applicant to participate in an interview with the application committee upon written request of the board. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 13:060. Military service; reciprocity.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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.
Board of Embalmers and Funeral Directors
201 KAR 15:030. Fees. Kanetha Dorsey, executive director, represented the board.
In response to a question by Co-Chair Harris, Ms. Dorsey stated that there were individual applications for each continuing education course. A continuing education conference setting may include several courses, which could become expensive. The board established a $600 maximum cap for a continuing education conference.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 7 and 8 to clarify how the continuing education application fee and the document processing fee applied; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2, 5, 11, and 12 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 15:050. Apprenticeship and supervision requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to include additional requirements for apprenticeship registration to reflect current practice of the board; (2) to amend Sections 3 through 6 to establish requirements and procedures for the Apprentice Travel Form, Level II Apprenticeship Registration Form, Change of Supervisor form, and Apprenticeship Sworn Statement form; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to add material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 15:110. Funeral establishment criteria.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 7 and 8 to establish requirements and procedures for the Information and Name Change Application form; (2) to amend Section 9 to include additional application and renewal requirements to reflect current practice of the board; (3) to delete Section 11, which required that the name of the licensed funeral director and the establishment be included in publication of an obituary; (4) to add material incorporated by reference; and (5) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 12 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
201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses. Nathan Goldman, general counsel, represented the board.
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 6, 9, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy
201 KAR 22:020. Eligibility and credentialing procedure. Scott Majors, interim executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend Section 2 to clarify the deadline for the criminal background check. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or physical therapist assistant.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to clarify the deadline for the criminal background check. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:070. Requirements for foreign-educated physical therapists.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the deadline for the criminal background check; and (2) to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensed Diabetes Educators
201 KAR 45:071. Repeal of 201 KAR 45:070. Matt James, assistant attorney general, represented the board.
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 45:110. Supervision and work experience.
201 KAR 45:120. Renewal, reinstatement, and inactive status.
201 KAR 45:170. Application procedures.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Section 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Forestry
402 KAR 3:010. Timber sales. Allen Luttrell, commissioner, and James Wright, director, represented the division.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
402 KAR 3:030. Best management practices for timber harvesting operations.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Breath Analysis Operators
500 KAR 8:010. Certification of breath alcohol analysis instrument operators. Heather Wagers, attorney and legislative liaison, and Major Fred Williams, Commander of the Division of Operational Support, represented the office.
500 KAR 8:030. Administration of breath alcohol tests and chemical analysis tests.
In response to questions by Co-Chair Harris, Major Williams stated that the requirement for twenty (20) minutes of personal observation prior to an analysis test was to ensure that the person did not ingest anything that might alter the test results. The purpose was to provide evidence of probable cause demonstrating that the person was intoxicated at the time of the traffic stop.
In response to questions by Representative Petrie, Major Williams stated that previous to this amendment, the twenty (20) minute observation period may have taken place while the person was detained in the back of the police cruiser. This amendment required the twenty (20) minute observation period to take place at the testing location with direct perception. The twenty (20) minute observation period would be reset if for some reason direct perception was interrupted.
Department of Corrections: Office of the Secretary
501 KAR 6:110. Roederer Correctional Complex. Amy Barker, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material 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.
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, and Julian Tackett, commissioner, represented the Kentucky High School Athletics Association.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Governor’s Commission on Fire Protection Personnel Standards: Commission on Fire Protection Personnel Standards and Education
739 KAR 2:050. Volunteer fire department aid. Angela Evans, general counsel, and Michael “Howdy” Kurtsinger, government relations director, represented the commission.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:072. Attendance, compensatory time, and leave for certified and equivalent service. Laura Arnold, associate commissioner; Chase Bannister, counsel; and David Horseman, director, represented the department.
In response to questions by Co-Chair Harris, Mr. Horseman stated that these administrative regulations were substantially consistent with those established for traditional public teachers. There were minor differences due to district idiosyncrasies.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to clarify requirements pertaining to the accumulation and use of personal leave for teachers and principals; (2) to amend Section 4 to establish additional sick leave for teachers and principals who complete ten (10) years and twenty (20) years of service; (3) to amend Section 13 to clarify requirements regarding remaining emergency leave upon an employee’s separation from employment; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4, 6, 7, 9, 11, 13, and 14 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
780 KAR 3:080. Extent and duration of school term, use of school day and extended employment.
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 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Workplace Development: Office of Employment and Training: Unemployment Insurance
787 KAR 1:070. Reasonable time for protesting claim. Katie Houghlin, unemployment insurance director; Brad Montell, former Representative and deputy secretary; and Kevin Osborne, attorney, represented the office.
In response to questions by Co-Chair Harris, Mr. Montell stated that there was some pushback from employers related to decreasing the documentation deadline. After meeting with employer groups, a compromise was reached, from a ten (10) day to a twelve (12) day electronic filing of the documentation. The challenge was ensuring that the deadline allowed the office to comply with federal deadlines enforced on the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to establish that if an employer submits a protest by paper, the documentation shall be received within ten (10) days of the date of first notice to the employer that a claim has been submitted; (2) to amend Section 2 to establish that if an employer submits a protest electronically, the documentation shall be received within twelve (12) days of the date of first notice to the employer that a claim has been submitted; and (3) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workplace Standards: Division of Wages and Hours: Labor Standards; Wages and Hours
803 KAR 1:100. Child labor. Ervin Dimeny, commissioner, and Brooken Smith, chief of staff, represented the division.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A.
803 KAR 1:121. Repeal of 803 KAR 1:030 and 803 KAR 1:040.
Kentucky Labor Management Matching Grant Program
803 KAR 6:011. Repeal of 803 KAR 6:010.
Department of Alcoholic Beverage Control: Conduct of Business; Employees
804 KAR 5:070. Minors. Stephen Humphress, general counsel, and Heather Mercadante, counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to clarify what other types of businesses qualify for the minors exemption; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Alcoholic Beverage Control Board
804 KAR 6:020. Advisory opinions.
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, 3, 4, 5, 7, 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 Insurance: Authorization of Insurers and General Requirements
806 KAR 3:011. Repeal of 806 KAR 3:010, 806 KAR 3:020, and 806 KAR 3:220. Patrick O’Connor, deputy commissioner of policy, represented the department.
806 KAR 3:210. Privacy of consumer financial and health information.
In response to questions by Co-Chair Harris, Mr. O’Connor stated that this administrative regulation was being rewritten commensurate with 2015 federal revisions. The revisions allowed financial and insurance companies to opt out of sending privacy notices.
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 through 8, 10 through 17, 19, 20, 22, and 24 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: Office of the Secretary: Medical Review Panel Branch
900 KAR 11:010 & E. Medical review panels. Judge Tim Feeley, deputy secretary; Greg Mayes, executive advisor; and Suzette Kimbell, executive administrative secretary, represented the branch.
In response to questions by Representative Petrie, Judge Feeley stated that the panel had not been appropriated funding. The filing fee was to offset costs. It was set high enough to discourage frivolous filing, but was lower than the filing fee for circuit court. The fee may be waived in cases of indigence. The panel would need a half-time attorney, full-time attorney, and a full-time clerk, which would together cost approximately $330,000 annually. Mr. Mayes stated that the start-up cost for electronic filing was approximately $200,000. Regular maintenance for an electronic filing system was expected, but it was not possible to determine what the cost would be.
In response to a question by Co-Chair Harris, Judge Feeley stated that there were numerous public comments received regarding this administrative regulation during the public comment period; however, the comments were not particularly controversial. The comments addressed various technical concerns about the system.
A motion was made and seconded to approve the following amendment: to amend Section 6 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Other Business: Co-Chair Upchurch welcomed his son, Jackson Upchurch, who was attending the Subcommittee meeting.
The following administrative regulations were deferred or removed from the October 10, 2017, Subcommittee agenda:
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Education Professional Standards Board
16 KAR 1:015. Standards for certified teacher leader.
DEPARTMENT OF STATE: Registry of Election Finance: Reports and Forms
32 KAR 1:020 & E. Statement of spending intent and appointment of campaign treasurer.
GENERAL GOVERNMENT CABINET: Board of Pharmacy
201 KAR 2:380. Board authorized protocols.
201 KAR 2:390 & E. Third-party logistics provider.
201 KAR 2:400 & E. Outsourcing facility.
Board of Licensure for Occupational Therapy
201 KAR 28:200. Continuing competence.
201 KAR 28:235. Telehealth occupational therapy services.
Board of Licensed Professional Counselors
201 KAR 36:065. Licensed professional clinical counselor supervisor.
201 KAR 36:070. Application, education, and examination requirements.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources
301 KAR 1:130. Live bait for personal use.
301 KAR 1:155. Commercial fishing requirements.
301 KAR 1:410. Taking of fish by nontraditional fishing methods.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Identification and Listing of Hazardous Waste
401 KAR 31:002. Repeal of 401 KAR 31:005, 401 KAR 31:010, 401 KAR 31:020, 401 KAR 31:030, 401 KAR 31:035, 401 KAR 31:040, 401 KAR 31:050, 401 KAR 31:070, 401 KAR 31:100, 401 KAR 31:110, 401 KAR 31:160, and 401 KAR 31:170.
Standards Applicable to Generators of Hazardous Waste
401 KAR 32:002. Repeal of 401 KAR 32:005, 401 KAR 32:010, 401 KAR 32:020, 401 KAR 32:030, 401 KAR 32:040, 401 KAR 32:050, 401 KAR 32:060, 401 KAR 32:065, and 401 KAR 32:100.
Standards Applicable to Transporters of Hazardous Waste
401 KAR 33:002. Repeal of 401 KAR 33:005, 401 KAR 33:010, 401 KAR 33:020, and 401 KAR 33:030.
Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities
401 KAR 34:002. Repeal of 401 KAR 34:005, 401 KAR 34:010, 401 KAR 34:020, 401 KAR 34:030, 401 KAR 34:040, 401 KAR 34:050, 401 KAR 34:060, 401 KAR 34:070, 401 KAR 34:080, 401 KAR 34:090, 401 KAR 34:100, 401 KAR 34:110, 401 KAR 34:120, 401 KAR 34:130, 401 KAR 34:180, 401 KAR 34:190, 401 KAR 34:200, 401 KAR 34:210, 401 KAR 34:220, 401 KAR 34:230, 401 KAR 34:240, 401 KAR 34:245, 401 KAR 34:250, 401 KAR 34:275, 401 KAR 34:280, 401 KAR 34:281, 401 KAR 34:285, 401 KAR 34:287, 401 KAR 34:290, 401 KAR 34:320, 401 KAR 34:330, 401 KAR 34:340, 401 KAR 34:350, 401 KAR 34:360, and 401 KAR 34:370.
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
401 KAR 35:002. Repeal of 401 KAR 35:005, 401 KAR 35:010, 401 KAR 35:020, 401 KAR 35:030, 401 KAR 35:040, 401 KAR 35:050, 401 KAR 35:060, 401 KAR 35:070, 401 KAR 35:080, 401 KAR 35:090, 401 KAR 35:100, 401 KAR 35:110, 401 KAR 35:120, 401 KAR 35:130, 401 KAR 35:180, 401 KAR 35:190, 401 KAR 35:200, 401 KAR 35:210, 401 KAR 35:220, 401 KAR 35:230, 401 KAR 35:240, 401 KAR 35:245, 401 KAR 35:250, 401 KAR 35:260, 401 KAR 35:270, 401 KAR 35:275, 401 KAR 35:280, 401 KAR 35:281, 401 KAR 35:285, 401 KAR 35:290, 401 KAR 35:310, 401 KAR 35:320, 401 KAR 35:330, 401 KAR 35:340, and 401 KAR 35:350.
Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste
401 KAR 36:002. Repeal of 401 KAR 36:005, 401 KAR 36:020, 401 KAR 36:025, 401 KAR 36:030, 401 KAR 36:060, 401 KAR 36:070, 401 KAR 36:080, and 401 KAR 36:090.
Land Disposal Restrictions
401 KAR 37:002. Repeal of 401 KAR 37:005, 401 KAR 37:010, 401 KAR 37:020, 401 KAR 37:030, 401 KAR 37:040, 401 KAR 37:050, 401 KAR 37:060, and 401 KAR 37:110.
Hazardous Waste Permitting Process
401 KAR 38:002. Repeal of 401 KAR 38:005, 401 KAR 38:010, 401 KAR 38:020, 401 KAR 38:025, 401 KAR 38:030, 401 KAR 38:040, 401 KAR 38:050, 401 KAR 38:060, 401 KAR 38:070, 401 KAR 38:080, 401 KAR 38:090, 401 KAR 38:150, 401 KAR 38:160, 401 KAR 38:170, 401 KAR 38:180, 401 KAR 38:190, 401 KAR 38:200, 401 KAR 38:210, 401 KAR 38:230, 401 KAR 38:240, 401 KAR 38:250, 401 KAR 38:260, 401 KAR 38:270, 401 KAR 38:290, 401 KAR 38:300, 401 KAR 38:310, 401 KAR 38:320, 401 KAR 38:330, and 401 KAR 38:500.
Hazardous Waste Fees
401 KAR 39:005. Definitions for 401 KAR Chapter 39.
401 KAR 39:011. Repeal of 401 KAR 39:100 and 401 KAR 39:110.
401 KAR 39:060. General requirements.
401 KAR 39:080. Hazardous waste handlers.
401 KAR 39:090. Hazardous waste permit program.
401 KAR 39:120. Permit review, determination timetables, and fees.
Standards for Special Collection System Wastes
401 KAR 43:002. Repeal of 401 KAR 43:005, 401 KAR 43:010, 401 KAR 43:020, 401 KAR 43:030, 401 KAR 43:040, 401 KAR 43:050, 401 KAR 43:060, and 401 KAR 43:070.
Standards for the Management of Used Oil
401 KAR 44:002. Repeal of 401 KAR 44:005, 401 KAR 44:010, 401 KAR 44:020, 401 KAR 44:030, 401 KAR 44:040, 401 KAR 44:050, 401 KAR 44:060, 401 KAR 44:070, and 401 KAR 44:080.
Special Waste
401 KAR 45:060. Special waste permit-by-rule.
Standards for Solid Waste Facilities
401 KAR 48:005. Definitions related to 401 KAR Chapter 48.
401 KAR 48:090. Operating requirements for contained landfills.
Division of Mine Permits: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
405 KAR 7:095. Assessment of civil penalties.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
405 KAR 8:010. General provisions for permits.
405 KAR 8:040. Underground coal mining permits.
405 KAR 8:050. Permits for special categories of mining.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
405 KAR 16:110. Surface and groundwater monitoring.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
405 KAR 18:010. General provisions.
405 KAR 18:040. Casing and sealing of underground openings.
405 KAR 18:060. General hydrologic requirements.
405 KAR 18:110. Surface and groundwater monitoring.
405 KAR 18:260. Other facilities.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
405 KAR 20:080. In situ processing.
405 KAR 20:090. Underground only permits.
Department for Environmental Protection: Division of Waste Management: Certificates of Environmental Safety and Public Necessity
410 KAR 1:002. Repeal of 410 KAR 1:010 and 410 KAR 1:020.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Administration
601 KAR 2:030 & E. Ignition interlock.
Department of Aviation: Airport Development
602 KAR 15:030. Fees for services and facilities of the Capitol City Airport.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Oil and Gas: Division
805 KAR 1:060. Plugging wells.
805 KAR 1:071. Repeal of 805 KAR 1:070.
Division of Mine Safety: Miner Training, Education and Certification
805 KAR 7:020. Training and certification of inexperienced miners.
805 KAR 7:030. Annual retraining.
805 KAR 7:040. Training of newly employed miners.
805 KAR 7:050. Training of miners for new work assignments.
805 KAR 7:060. Program approval.
Sanctions and Penalties
805 KAR 8:030. Criteria for the imposition and enforcement of sanctions against certified miners.
805 KAR 8:040. Criteria for the imposition and enforcement of sanctions against owners and part-owners of licensed premises.
805 KAR 8:050. Criteria for the imposition and enforcement of sanctions against noncertified personnel.
Coal Bed Methane
805 KAR 9:041. Repeal of 805 KAR 9:040.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services.
Department for Public Health: Division of Audits and Investigations: Controlled Substances
902 KAR 55:110. Monitoring system for prescription controlled substances.
Department for Public Health: Radon
902 KAR 95:040. Radon Contractor Certification Program.
Radiology
902 KAR 100:180. Technologically enhanced naturally occurring radioactive material related to oil and gas development.
Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:045. Reimbursement provisions and requirements regarding community mental health center services.
907 KAR 1:047. Community mental health center primary care services.
907 KAR 1:102. Advanced practice registered nurse services.
907 KAR 1:104. Reimbursement for advanced practice registered nurse services.
907 KAR 1:479. Durable medical equipment covered benefits and reimbursement.
Payment and Services
907 KAR 3:005. Coverage of physicians’ services.
907 KAR 3:010. Reimbursement for physicians’ services.
Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:140 & E. Foster care and adoption permanency services.
922 KAR 1:320. Service appeals.
922 KAR 1:330. Child protective services.
922 KAR 1:421. Repeal of 922 KAR 1:420.
922 KAR 1:430. Child protective services in-home case planning and service delivery.
922 KAR 1:470. Central registry.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
922 KAR 1:490 & E. Background checks for foster and adoptive parents, caretaker relatives, kinship caregivers, fictive kin, and reporting requirements.
922 KAR 1:550 & E. Operator’s license for children in the custody of the cabinet.
The Subcommittee adjourned at 2 p.m. until November 13, 2017.