ADMINISTRATIVE

REGISTER

OF KENTUCKY

LEGISLATIVE RESEARCH COMMISSION

Frankfort, Kentucky

VOLUME 33, NUMBER 10

SUNDAY, APRIL 1, 2007

ARRS - APRIL 10, 2007 TENTATIVE AGENDA

REGULATION REVIEW PROCEDURE

EMERGENCIES:

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Long Term Care and Community Alternatives: Medicaid

907 KAR 1:025E. Payment for services provided by an intermediate care facility for individuals with mental retardation or a developmental disability, a dually-licensed pediatric facility, an institution for mental diseases, or a nursing facility with an all-inclusive rate unit.

AS AMENDED:

FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Inheritance Tax

103 KAR 2:020. Lien on "Qualified Real Estate".

103 KAR 2:030. Policies and circulars relating to inheritance tax.

Sales and Use Tax; Service and Professional Occupations

103 KAR 26:010. Service enterprises in general.

Sales and Use Tax; Miscellaneous Retailer Occupations

103 KAR 27:150. Repairers and reconditioners of personal property.

103 KAR 27:220. Miscellaneous restaurant transactions.

103 KAR 27:230. Automotive body shops and suppliers.

103 KAR 27:240. Reporting of sales tax relating to equine breeding fees.

Sales and Use Tax, Miscellaneous Retail Transactions

103 KAR 28:010. Admissions.

103 KAR 28:030. Producing, fabricating, and processing.

103 KAR 28:170. Sales of dirt and sod.

Sales and Use Tax; General Exemptions

103 KAR 30:140. Energy and energy-producing fuels.

103 KAR 30:250. Property used in the publication of newspapers.

103 KAR 30:260. Pollution control facilities exemption.

103 KAR 30:270. Oil and gas extraction machinery.

103 KAR 30:280. Sales to water haulers.

103 KAR 30:290. Security lighting.

Sales and Use Tax; Administration and Accounting

103 KAR 31:111. Sales and purchases for resale.

Selective Excise Tax; Cigarettes

103 KAR 41:140. Circular relating to cigarette licenses and taxes.

103 KAR 41:150. Cigarette subjobber licenses.

103 KAR 41:160. Unstamped cigarettes damaged in transit.

Selective Excise Tax; Motor Fuels

103 KAR 43:320. Policies and circulars relating to motor fuels taxes.

103 KAR 43:330. Measurement of compressed natural gas (CNG) in gallons.

Selective Excise Tax; Motor Vehicle Usage

103 KAR 44:090. Policies and circulars relating to motor vehicle usage tax.

103 KAR 44:100. Procedures for refund based on vehicle condition.

103 KAR 44:120. Incorrect statement of origin.

Selective Excise Tax; Miscellaneous

103 KAR 45:015. Circular relating to the legal process tax and the Spouse Abuse Shelter Fund.

COMMERCE CABINET: Department of Fish and Wildlife Resources: Game

301 KAR 2:084. Importation of game birds.

DEPARTMENT OF AGRICULTURE: Marketing and Product Promotion

302 KAR 39:020. Kentucky Small Farm Wineries Support Fund.

EDUCATION CABINET: Office of Vocational Rehabilitation: Administration

781 KAR 1:020. General provisions for operation of the office of vocational rehabilitation.

781 KAR 1:040. Rehabilitation technology services.

Office for the Blind

782 KAR 1:010. Federal vocational rehabilitation program.

782 KAR 1:020. Definition of terms for 782 KAR Chapter 1.

782 KAR 1:030. Scope and nature of services.

Department for Workforce Investment: Unemployment Insurance

787 KAR 1:020. Change of status; discontinuance of business.

787 KAR 1:030. Employer contributions.

787 KAR 1:050. Social Security number required of employees.

787 KAR 1:060. Separation for cause; reports.

787 KAR 1:070. Reasonable time for protesting claim.

787 KAR 1:080. Labor dispute or strike; notification.

787 KAR 1:090. Unemployed worker's reporting requirements.

787 KAR 1:110. Appeals.

787 KAR 1:140. Unemployment insurance fund payments.

787 KAR 1:150. Interstate claimants.

787 KAR 1:170. Cash value of board and lodging, board and lodging provided for convenience of employing unit.

787 KAR 1:180. Employer's records.

787 KAR 1:190. Recoupment and recovery.

787 KAR 1:210. Employer contribution rates.

787 KAR 1:220. Required reports and due dates.

787 KAR 1:230. Date of receipt of documents defined.

787 KAR 1:240. Fraud disqualifications.

787 KAR 1:250. Release of notice of levy.

787 KAR 1:260. Voluntary election of coverage.

787 KAR 1:270. Covered employment.

787 KAR 1:300. Successorship.

787 KAR 1:310. Claimant profiling.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Health Insurance Contracts

806 KAR 17:480. Uniform evaluation and reevaluation of providers.

Kentucky Horse Racing Authority: Harness Racing

811 KAR 1:045. Entries.

811 KAR 1:055. Declaration to start; drawing horses. (Deferred from November)

811 KAR 1:100. Protests.

811 KAR 1:110. Timing and records.

811 KAR 1:171. Repeal of 811 KAR 1:165, 1:170, 1:180, and 1:190.

Quarter Horse, Appaloosa, and Arabian Racing

811 KAR 2:120. Kentucky Horse Breeders' Incentive Fund.

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:015. Supplemental programs for persons who are aged, blind, or have a disability.

AMENDED AFTER COMMENTS:

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Division of Waste Management: Standards Applicable to Generators of Hazardous Waste

401 KAR 32:030. Pretransport requirements.

Office of Administrative Hearings: Environmental Protection

401 KAR 100:010. General administrative hearing practice provisions.

Department of Public Protection: Board of Tax Appeals: Tax Appeals

802 KAR 1:010. Hearing procedures.

CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Inspector General

906 KAR 1:150. Uniform evaluation and reevaluation of a health care professional.

PROPOSED AMENDMENTS RECEIVED THROUGH NOON, MARCH 15, 2007

KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority

11 KAR 4:080. Student aid applications.

KHEAA Grant Programs

11 KAR 5:033. KTG student eligibility requirements.

11 KAR 5:034. CAP grant student eligibility.

11 KAR 5:140. KTG award determination procedure.

KHEAA Work-Study Program

11 KAR 6:010. KHEAA Work-Study Program.

Early Childhood Development Scholarship Program

11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process.

KENTUCKY STATE BOARD OF ELECTIONS: Statewide Voter Registration

31 KAR 3:010. Current address of Kentucky registered voters and distribution of voter registration lists.

Forms and Procedures

31 KAR 4:100. Evaluation of precinct election officers.

GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners

201 KAR 16:010. Code of ethical

201 KAR 16:060. Complaint processing procedures.

Kentucky Board of Licensed Professional Counselors: Certification for Professional Counselors

201 KAR 36:070. Education Requirements.

COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Game

301 KAR 2:185. Hunter Education.

301 KAR 2:251. Hunting and trapping seasons and limits for furbearers.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Housing, Buildings and Construction: Elevator Safety

815 KAR 4:010. Annual inspection of passenger elevators.

Building Code

815 KAR 7:120. Kentucky Building Code.

815 KAR 7:125. Kentucky Residential Code.

Standards of Safety

815 KAR 10:060. Kentucky standards of safety.

Plumbing

815 KAR 20:020. Parts and materials list.

815 KAR 20:078. Storage and installation of SDR 11, CPVC plastic pipe and fittings.

815 KAR 20:110. Traps and clean-outs.

815 KAR 20:120. Water supply and distribution.

815 KAR 20:130. House sewers and storm water piping; methods of installation.

815 KAR 20:150. Inspection and tests.

Electrical Inspectors

815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant of KRS 227A.060.

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Division of Certificate of Need: Certificate of Need

900 KAR 6:050. Certificate of need administrative regulation.

Department for Public Health: Division of Laboratory Services: Diseases

902 KAR 2:080. Sexually transmitted diseases.

Department for Medicaid Services: Division of Long Term Care and Community Alternatives: Medicaid

907 KAR 1:025. Payment for services provided by an intermediate care facility for individuals with mental retardation or a developmental disability, a dually-licensed pediatric facility, an institution for mental diseases, or a nursing facility with an all-inclusive rate unit.

PROPOSED NEW ADMINISTRATIVE REGULATIONS RECEIVED THROUGH NOON, MARCH 15, 2007:

KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Early Childhood Development Scholarship Program

11 KAR 16:070. Dual enrollment under consortium agreement.

GENERAL GOVERNMENT CABINET: Kentucky Board of Pharmacy: Pharmacy

201 KAR 2:260. Automated Pharmacy System in Residential Hospice Facilities.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Water Quality

401 KAR 5:201. Repeal of 401 KAR 5:200.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Housing, Buildings and Construction: Plumbing

815 KAR 20:015. Fees and refunds.

815 KAR 20:085. Storage and installation of Pex and Pex-Al Pex piping.

MARCH 13, 2007 MINUTES OF THE ARRS

OTHER COMMITTEE REPORTS

LOCATOR INDEX

KRS INDEX

SUBJECT INDEX

MEETING NOTICE

The Administrative Regulation Review Subcommittee is tentatively scheduled to meet at 10:00 a.m. April 10, 2007 in room 149, Capitol Annex, Frankfort, Kentucky.

The ADMINISTRATIVE REGISTER OF KENTUCKY is the monthly supplement for the 2006 Edition of KENTUCKY ADMINISTRATIVE REGULATIONS SERVICE.

HOW TO CITE: Cite all material in the ADMINISTRATIVE REGISTER OF KENTUCKY by Volume number and Page number. Example: Volume 33, Kentucky Register, page 318 (short form: 33 Ky.R. 318).

KENTUCKY ADMINISTRATIVE REGULATIONS are codified according to the following system and are to be cited by Title, Chapter and Regulation number, as follows:

Title Chapter Regulation

806 KAR 50: 155

Cabinet, Department, Office, Division, Specific

Board, or Agency or Major Function Regulation

ADMINISTRATIVE REGISTER OF KENTUCKY

(ISSN 0096‑1493)

The Administrative Register of Kentucky is published monthly by the Legislative Research Commission, 700 Capitol Avenue, Room 300, Frankfort, Kentucky 40601. Subscription rate, postpaid in the United States: $96 (plus 6% Kentucky sales tax) per year for 12 issues, beginning in July and ending with the June issue of the subsequent year. Periodical postage paid at Frankfort, Kentucky.

POSTMASTER: Send address changes to Administrative Register of Kentucky, 700 Capitol Avenue, Room 64, State Capitol, Frankfort, Kentucky 40601.

KENTUCKY LEGISLATIVE RESEARCH COMMISSION

Chairmen

Senator David L. Williams Representative Jody Richards

Senate President House Speaker

Senate and House Members

Senator Katy Kratz Stine Representative Larry Clark

President Pro Tem Speaker Pro Tem

Senator Dan Kelly Representative Rocky Adkins

Majority Floor Leader Majority Floor Leader

Senator Ed Worley Representative Jeffrey Hoover

Minority Floor Leader Minority Floor Leader

Senator Richie Sanders, Jr. Representative Charlie Hoffman

Majority Caucus Chairman Majority Caucus Chairman

Senator Johnny Ray Turner Representative Bob DeWeese

Minority Caucus Chairman Minority Caucus Chairman

Senator Daniel Seum Representative Rob Wilkey

Majority Whip Majority Whip

Senator Joey Pendleton Representative Stan Lee

Minority Whip Minority Whip

Robert Sherman, Director

Charlie LeCompte, Printing and Publications Officer

ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE

Members Staff

Senator Richard L. “Dick” Roeding, Co-Chair Dave Nicholas

Senator Alice Kerr Emily Caudill

Senator Joey Pendleton Donna Little

Senator Gary Tapp Kara Daniel

Representative Robert R. Damron Emily Harkenrider

Representative Danny R. Ford Mark Matics

Representative Jimmie Lee Jennifer Beeler

Ellen Steinberg

ADMINISTRATIVE REGULATION REVIEW PROCEDURE

(See KRS Chapter 13A for specific provisions)

Filing and Publication

Administrative bodies shall file with the Regulations Compiler all proposed administrative regulations, public hearing and comment period information, regulatory impact analysis and tiering statement, fiscal note, federal mandate comparison, and incorporated material information. Those administrative regulations received by the deadline established in KRS 13A.050 shall be published in the Administrative Register.

Public Hearing and Public Comment Period

The administrative body shall schedule a public hearing on proposed administrative regulations which shall not be held before the 21st day or later than the last workday of the month of publication. Written comments shall also be accepted until the end of the calendar month in which the administrative regulation was published.

The administrative regulation shall include: the place, time, and date of the hearing; the manner in which persons may submit notification to attend the hearing and written comments; that notification to attend the hearing shall be sent no later than 5 workdays prior to the hearing date; the deadline for submitting written comments; and the name, position, address, and telephone and fax numbers of the person to whom notification and written comments shall be sent.

The administrative body shall notify the Compiler, by phone and letter, whether the hearing was held or cancelled and whether written comments were received. If the hearing was held or written comments were received, the administrative body shall file a statement of consideration with the Compiler by the fifteenth day of the calendar month following the month of publication.

No transcript of the hearing need to be taken unless a written request for a transcript is made, and the person requesting the transcript shall have the responsibility of paying for same. A recording may be made in lieu of a transcript.

Review Procedure

After the public hearing and public comment period processes are completed, the administrative regulation shall be reviewed by the Administrative Regulation Review Subcommittee at its next meeting. After review by the Subcommittee, the administrative regulation shall be referred by the Legislative Research Commission to an appropriate jurisdictional committee for a second review. The administrative regulation shall be considered as adopted and in effect as of adjournment on the day the appropriate jurisdictional committee meets or 30 days after being referred by LRC, whichever occurs first.

ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE

Minutes of March 13, 2007

The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 13, 2007 at 9:30 a.m., in Room 154 of the Capitol Annex. Representative Robert Damron called the meeting to order, and the roll call was taken. The minutes of the February 12, 2007 meeting were approved.

Present were:

Members: Representative Robert Damron, Co-Chair; Senators Joey Pendleton, Richard "Dick" Roeding and Gary Tapp; and Representatives Danny Ford, Jimmie Lee, and Ron Weston.

LRC Staff: Dave Nicholas, Emily Caudill, Kara Daniel, Emily Harkenrider, Donna Little, Mark Matics, Jennifer Beeler and Ellen Steinberg.

Guests: Richard Dobson and Angela Robinson, Finance and Administration Cabinet; Nathan Goldman, Board of Nursing; Karen Alexy and Morgain M. Sprague, Department of Fish and Wildlife Resources; Mac Stone and Mark Farrow, Department of Agriculture; Sue Simon, Mindy Yates, Stephen Johnson, Barbara Miller, Richard Nesbitt, Tamela Biggs, Larry Moore, and John M. Rose, Education Cabinet; DJ Wasson, Office of Insurance; John Forgy, Marc Guilfoil and Jamie Haydon, Kentucky Horse Racing Authority; David Gayle, Department for Community Based Services.

The Administrative Regulation Review Subcommittee met on Tuesday, March 13, 2007 and submits this report:

Administrative Regulations Reviewed by the Subcommittee:

FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Inheritance Tax

103 KAR 2:020. Lien on "Qualified Real Estate". Richard Dobson, executive director, represented the cabinet.

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 to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 2:030. Policies and circulars relating to inheritance tax.

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 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Sales and Use Tax; Service and Professional Occupations

103 KAR 26:010. Service enterprises in general.

Sales and Use Tax; Miscellaneous Retailer Occupations

103 KAR 27:150. Repairers and reconditioners of personal property.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 27:220. Miscellaneous restaurant transactions.

In response to a question by Co-chair Roeding, Mr. Dobson stated that this administrative regulation was not a new tax requirement. He stated that the policy had previously been published in circulars and restaurants were already aware of it. He stated that the information was transferred to this administrative regulation to keep the information available to the public and in conformity with KRS Chapter 13A.

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 2 to 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 27:230. Automotive body shops and suppliers.

A motion was made and seconded to approve the following amendments: to amend the TITLE, 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.

103 KAR 27:240. Reporting of sales tax relating to equine breeding fees.

A motion was made and seconded to approve the following amendments: 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.

Sales and Use Tax, Miscellaneous Retail Transactions

103 KAR 28:010. Admissions.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 28:030. Producing, fabricating, and processing. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 28:141. Repeal of 103 KAR 28:140.

103 KAR 28:170. Sales of dirt and sod.

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

Sales and Use Tax; General Exemptions

103 KAR 30:140. Energy and energy-producing fuels.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3 to 6, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 30:250. Property used in the publication of newspapers.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 30:260. Pollution control facilities exemption.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.

103 KAR 30:270. Oil and gas extraction machinery.

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

103 KAR 30:280. Sales to water haulers.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 30:290. Security lighting.

In response to a question by Senator Tapp, Mr. Dobson stated that this administrative regulation provided guidance on taxation of the provision of security lighting by a utility company. He stated that, as with electricity, security lighting for a residential customer was tax exempt but security lighting for commercial accounts was subject to sales tax.

A motion was made and seconded to approve the following amendments: 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.

Sales and Use Tax; Administration and Accounting

103 KAR 31:111. Sales and purchases for resale.

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

Selective Excise Tax; Cigarettes

103 KAR 41:140. Circular relating to cigarette licenses and taxes.

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) 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 amendments were approved.

103 KAR 41:150. Cigarette subjobber licenses.

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Section 1 to clarify the definition of “retail location”; and (3) to amend Section 3 to specify that a subjobber shall not have cigarettes delivered directly to the retailer by the wholesaler on his behalf. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 41:160. Unstamped cigarettes damaged in transit.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Selective Excise Tax; Motor Fuels

103 KAR 43:320. Policies and circulars relating to motor fuels taxes.

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 Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 43:330. Measurement of compressed natural gas (CNG) in gallons.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Selective Excise Tax; Motor Vehicle Usage

103 KAR 44:090. Policies and circulars relating to motor vehicle usage tax.

In response to a question by Co-chair Roeding, Mr. Dobson stated that this administrative regulation rescinded policies and circulars that were repetitive of existing law. He stated that it did not change the taxes that were levied.

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 to 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 44:100 & E. Procedures for refund based on vehicle condition.

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, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 1 to specify the documentation requirements for verifying a vehicle’s condition. Without objection, and with agreement of the agency, the amendments were approved.

103 KAR 44:120. Incorrect statement of origin.

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to specify that the administrative regulation also governs an incorrect certificate of title; (2) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Selective Excise Tax; Miscellaneous

103 KAR 45:015. Circular relating to the legal process tax and the Spouse Abuse Shelter Fund.

In response to a question by Co-chair Roeding, Mr. Dobson stated that a portion of the legal processing fees collected by county clerks was earmarked for the spouse abuse fund. He stated that this administrative regulation did not change that policy but rescinded a circular that was repetitive of existing law and that violated KRS Chapter 13A.

A motion was made and seconded to approve the following amendments: 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 amendments were approved.

GENERAL GOVERNMENT CABINET: Board of Nursing: Board

201 KAR 20:163. Standards for approved evaluators. Nathan Goldman, general counsel, represented the board.

201 KAR 20:225. Reinstatement of license.

201 KAR 20:390. Nursing Incentive Scholarship Fund.

In response to a question by Co-chair Roeding, Mr. Goldman stated that many students in nursing graduate programs were not awarded scholarships despite a need for nurses with graduate degrees. He stated that this administrative regulation changed the formula used to award scholarships in an effort to more evenly distribute scholarship funds.

COMMERCE CABINET: Department of Fish and Wildlife Resources: Game

301 KAR 2:049. Small game and furbearer hunting on public areas. Morgain Sprague, general counsel; and Karen Alexy, acting director, represented the department.

In response to a question by Senator Tapp, Ms. Sprague stated that the department’s administrative regulations were always reviewed by the Department of Fish and Wildlife Resources Commission before being filed with the regulations compiler.

301 KAR 2:081. Transportation and holding of native wildlife.

301 KAR 2:082. Transportation and holding of exotic wildlife.

301 KAR 2:084. Importation of game birds.

A motion was made and seconded to approve the following amendment: to amend Section 2 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.

DEPARTMENT OF AGRICULTURE: Marketing and Product Promotion

302 KAR 39:020 & E. Kentucky Small Farm Wineries Support Fund. Mac Stone, director, represented the department.

In response to questions by Senator Tapp, Mr. Stone stated that fund distribution applications had been accepted and the first council meeting was scheduled. He stated the response by distributors had been lukewarm but that relationships were being built. He stated the department had sent monthly newsletters and held open council meetings to raise awareness about the program. He stated that most active wineries have applied.

In response to a question by Co-chair Roeding, Mr. Stone stated that the department was confident it could enhance the distribution system and work through differences through activity and communication.

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 and 2 to correct statutory citations; and (2) amends Sections 1, 2, 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 CABINET: Office of Vocational Rehabilitation: Administration

781 KAR 1:020. General provisions for operation of the office of vocational rehabilitation. Sue Simon, attorney; and Mindy Yates, program evaluator, represented the office.

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 5, 6, 8, and 10 to 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

781 KAR 1:040. Rehabilitation technology services.

A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 2 and 3 to more clearly specify the requirements relating to coverage of vehicle modifications. Without objection, and with agreement of the agency, the amendments were approved.

Office for the Blind: Department for the Blind

782 KAR 1:010. Federal vocational rehabilitation program. Barbara Miller, Director of Consumer Services; Richard Nesbitt, Director of Kentucky Business Enterprises; and Sue Simon, attorney, represented the department.

In response to questions by Co-chair Roeding, Mr. Nesbitt stated that Kentucky Business Enterprises trains blind individuals to operate food service businesses and establishes them in federal and state buildings across Kentucky. Some of the locations include the capitol and annex, post offices, federal prisons, Kentucky State University, and nine technical colleges in Kentucky.

A motion was made and seconded to approve the following amendments: (1) to amend the title to reflect that this administrative regulation relates specifically to the Kentucky Business Enterprises; and (2) to amend Sections 1, 2, 3, 7, 8, 9, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

782 KAR 1:020. Definition of terms for 782 KAR Chapter 1.

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

782 KAR 1:030. Scope and nature of services.

A motion was made and seconded to approve the following amendments: to amend Sections 1 to 9, 11 to 14, 19, and 20 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

782 KAR 1:051. Repeal of 782 KAR 1:050.

Department for Workforce Investment: Unemployment Insurance

787 KAR 1:020. Change of status; discontinuance of business. Larry Moore, policy analyst; Tamela Biggs, counsel; and John Rose, assistant director, represented the department.

787 KAR 1:030. Employer contributions.

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:050. Social Security number required of employees.

In response to questions by Senator Tapp, Mr. Moore stated that this package of administrative regulations was being updated to reflect the government’s reorganization and that the changes in this administrative regulation were not substantive. He stated that social security numbers had long been required.

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 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:060. Separation for cause; reports.

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 Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:070. Reasonable time for protesting claim.

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:080. Labor dispute or strike; notification.

787 KAR 1:090. Unemployed worker's reporting requirements.

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; (2) to amend Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 3 to clearly establish the process for claiming benefits; and (4) to amend Section 4 to clearly establish the requirements for when an employer may file a claim on behalf of unemployed workers. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:110. Appeals.

In response to questions by Representative Ford, Mr. Moore stated that after a claim is filed, either party could file a protest which resulted in a formal determination. That determination could be appealed to a referee in the appeals branch. The referee’s decision could be appealed to the commissioner. Any additional appeals would have to be filed in court. He stated that there was no provision for recovery of costs and attorney’s fees if the employee prevailed.

In response to a question by Representative Damron, he stated that a statutory change would be necessary to award costs and attorney’s fees.

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 1 to 5 to: (a) clearly establish the appeals process; and (b) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:140. Unemployment insurance fund payments.

787 KAR 1:150. Interstate claimants.

787 KAR 1:170. Cash value of board and lodging, board and lodging provided for convenience of employing unit.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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 the TITLE and Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

787 KAR 1:180. Employer's records.