GENERAL GOVERNMENT CABINET

Kentucky Board of Home Inspectors

(New Administrative Regulation)

815 KAR 6:070. Per diem and reimbursement for traveling and other expenses for board members.

      RELATES TO: KRS 45.101, KRS 198B.704(17), KRS 198B706(15), and KRS 198B.710(1)-(4)

      STATUTORY AUTHORITY: KRS 45.101, 198B.704(17), and KRS 12.070(5)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.704(17) allows each member of the Board to a minimum salary of $35.00 per diem and reimbursement for traveling expenses and other expenses actually incurred in connection with the member’s duties as established under KRS 45.101. This administrative regulation sets the per diem amount Board members receive and provides for reimbursement for their actual and necessary traveling and other expenses.

      Section 1. Each member of the Board shall receive:

      (1) A per diem of $100.00 for:

      (a) Attending each meeting of the Board;

      (b) Otherwise engaging in the in-person, face-to-face duties of a member of the Board as approved by the Board, and;

      (c) Any additional days of travel incidental to and contemporaneous with attending each meeting of the Board or engaging in the in-person, face-to-face duties of a member of the Board as approved by the Board.

      (2) Reimbursement for their actual and necessary expenses.

MARK SCHMIDT, Chair,

      APPROVED BY AGENCY: January 11, 2012

      FILED WITH LRC: January 13, 2012 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 21, 2012, at 1:30 p.m., local time, at the Kentucky Board of Home Inspectors, 911 Leawood Drive, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on February 29, 2012. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Tony Crockett, Board Administrator, Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 564-3296, fax (502) 564-4818.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Tony Crockett

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: Authorizes Board members to receive a per diem reimbursement of reasonable expenses for each day actually engaged in the duties of the office and for actual and necessary expenses.

      (b) The necessity of this administrative regulation: This administrative is necessary to set the per diem reimbursement of Board members when only the minimum amount of $35.00 is set by statute.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 198B.704(17) allows the Board to receive a per diem of a minimum salary of $35.00 and traveling expenses and other expenses. The Board is promulgating this administrative regulation establishing the per diem reimbursement and traveling and other expenses for Board members.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation sets the per diem reimbursement of Board members actually engaged in the duties of the office and reimbursement of their actual and necessary expenses.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This is a new administrative regulation.

      (b) The necessity of the amendment to this administrative regulation: This is a new administrative regulation.

      (c) How the amendment conforms to the content of the authorizing statutes: This is a new administrative regulation.

      (d) How the amendment will assist in the effective administration of the statutes: This is a new administrative regulation.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Nine Board members and one Board.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This administrative regulation authorizes the Board members to receive a per diem reimbursement and reasonable expenses for each day actually engaged in the duties of the office.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No cost to the Board member. The cost to the Board is set forth below.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The reimbursement of per diem of $100 for duties of the office and reimbursement of actual and necessary expenses.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: $500.00.

      (b) On a continuing basis: $500.00 for administrative costs to process Board member per diem and expenses for approximately twelve meetings a year and other activities.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The Board’s operation is funded by fees paid by the licensees and applicants.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This administrative regulation is the initial regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation is the initial regulation.

(9) TIERING: Is tiering applied? No, the regulation is equal to all Board members who are actually engaged in the duties of the office.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

      1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes.

      2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Home Inspectors.

      3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 198B.704(17) and KRS 12.070.

      4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? $15,800.00

      (d) How much will it cost to administer this program for subsequent years? $15,800.00

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: