Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> July Meeting

 

 

<MeetMDY1> July 11, 2006

 

The<MeetNo2> August meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> July 11, 2006, at<MeetTime> 10:00 AM, in<Room> Room 129 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya G Pullin, Co-Chair; Senators Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.

 

Guests: Kathryn Dunnigan, Sandy Milburn, State Board of Elections; Laura Ferguson, Gary Morris, Angela Robinson, Finance and Administration Cabinet; Allie Heck, Wilma May, Dena Moore, Tammy Rouse, Elnora Wade, Regina Webb, Board of Hairdressers and Cosmetologists; Richard Carroll, State Board of Accountancy; Nathan Goldman, Diane Thomas, Board of Nursing; Becky Klusch, Board of Physical Therapy; Klaus O. Becker, RRT, Omer Thompson, Anna Jones, Tami McDaniel, Wade Root, Board of Respiratory Care; Larry Disney, James J. Grawe, Real Estate Appraisers Board; Russell Anderson, Scott Porter, Teresa Moon Flaherty, Board of Interpreters for the Deaf and Hard of Hearing; Cara Jarrel, Benjy Kinman, Kentucky Department for Fish and Wildlife Resources; Amy Barker, Department of Corrections; LaDonna Koebel, Department of Juvenile Justice; Kevin Noland, Board of Education; Carla H. Montgomery, Nicole Smith, Office of Workers' Claims; Carrie Banahan, DJ Wasson, Office of Insurance; Greg Jennings, Office of Financial Institutions; Rose C. Baker, Tim House, Michael D. Bennett, Office of Housing, Buildings and Construction; Mike Haney, Richard Peddicond, State Fire Marshall; Russell Sanders, National Fire Protection Association; Steve Davis, Elizabeth Caywood, Wendy Cumpston, David A. Gayle, Bobbie Walters, Cabinet for Health and Family Services; Kihra Ayres, Gulaine Baptiste, Abigail Beatty, Jasmine Bell, Ashley Bensing, Amber Blandford, Lauren Boone, Arica Brown, Laura Buckner, Katie Burke, Lisa L. Burton, Jennifer Crump, Norma Curl, Deanna Dattilo, LeAnn Davis, Brittany Denny, Nicole Faulkner, Barbara Franson, Angel Fulkerson, Amy Guernsey, Casey Goben, Victoria Haddix, Heather Halbert, Angela Hale, Mary Beth Hardin, Tracy Hill, Amber Hyde, Callie Ivester, Erica Jaggers, Jessica A. Kelly, Shakeshia McCall, Lora McCamish, Terra Milby, Destayne J. Moffit, Erica Nemeth, Tassey O'Brien, Angela M. Oliver, Michael Peters, Cassy Poirier, Angela Quinn, Mary Randolph, Jessalyn Elise Read, Jessica Rinkel, Griselda Rodriguez, Jimmeť Scott, April Simondiski, Tiffany Smith, Erin Snow, Christin Swanson, Eryn Teel, Rachelle Thomas, Jermekia Vance, Jessica Vessels, Marva Walter, Esther West, Gabrielle Williams; The Hair Design School; Lisa Barnet, Courtney Brown, Krystal Gouge, Elizabeth Grivetti, Angela Huff, Tiffany Mardis, Jeff Nguyen, Joe Nguyen, Sherry Raleigh, Veronica Ramsey, Tracy Selby, Rachella Smith; Cosmetology Students; Jeremy Braun Saldenx Salon and Spa; Christina Hix, Jack Wallen, Laura Wright, Board of Cosmetology; Johnnie Hood, Kentucky Congress of Cosmetology; Thelma B. Martin, Beverly McCauley, Rebecca Taylor, Cosmetology School Owners; Zenda Stakelbeck, Z Salon and Spa; and Patricia A. Stephenson, Salon Owners.

 

LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Karen Howard, Emily Harkenrider, Ellen Steinberg, and Roslyn Hendrickson.

The Administrative Regulation Review Subcommittee met on Tuesday, July 11, 2006, and submits this report:

 

STATE BOARD OF ELECTIONS

Forms and Procedures

 

31 KAR 4:040. Procedures for absentee voting in county clerk's office. Katie Dunnigan, general counsel, and Sandy Milburn, assistant director, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Sections 1 and 2 to clarify requirements relating to voting procedures and delete language that was repetitive of KRS 117.255; and (4) 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.

 

Voting

 

31 KAR 5:030 & E. Exception to time restriction on voting for voters who require the use of an accessibility device. 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; and (2) to amend Section 1 to clarify that the exception to the two-minute voting time limit established in KRS 117.255(7) was in accordance with federal law, 42 U.S.C. 15481(a)(3)(A). Without objection, and with agreement of the agency, the amendments were approved.

 

FINANCE AND ADMINISTRATION CABINET:

Department of Revenue

General Administration

 

103 KAR 1:040 & E. Waiver of penalties. Gary Morris, executive director, and Laura Ferguson, Office of General Counsel, represented the cabinet.

 

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 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to establish additional criteria for providing reasonable cause for noncompliance, including the unavoidable absence of a taxpayer, employee theft or defalcation, and ignorance of reporting requirements. Without objection, and with agreement of the agency, the amendments were approved.

 

Income Tax: General Administration

 

103 KAR 15:020 & E. Election to pay share of tax on behalf of corporation. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend Section 1 to insert a definition for "taxpayer making an election"; (3) to amend Section 2(1) to entitle the taxpayer making an election to the protest and appeals rights of KRS 131.110 and rights provided under KRS 131.081 relating to the amount of tax due under the election; and (4) to amend Sections 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.

 

103 KAR 15:140 & E. Biodiesel tax credit. In response to questions by Representative Bruce, Mr. Morris stated that this administrative regulation did not include an income tax credit for ethanol because it was not authorized by statute.† So far, only the biodiesel tax credit had been enacted.

 

In response to a question by Senator Pendleton, Ms. Ferguson stated that KRS 141.143 permitted a tax credit for a biodiesel blend if it was at least two (2) percent biodiesel.† A twenty (20) percent blend was not required.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Section 1 to insert a definition for "ASTM"; (4) to amend Sections 2 and 3 to clarify that these sections referred to the Schedule BIO form; (5) to amend Section 4 to clarify the circumstances under which the Schedule BIO or Schedule BIO (K-1) shall be attached to tax returns claiming the biodiesel credit; (6) to insert a new section outlining requirements for establishing proof that the American Society for Testing and Materials biodiesel standards have been met; and (7) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Income Tax; Corporations

 

103 KAR 16:220 & E. Alternative minimum calculation. 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, 2, and 3 to† comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Sections 1, 2, and 4 to establish provisions relating to the determination of the alternative minimum calculation in response to House Bill 1 enacted during the 2006 Special Session. Without objection, and with agreement of the agency, the amendments were approved.

 

GENERAL GOVERNMENT CABINET

Board of Accountancy

 

Board

 

201 KAR 1:015. Meetings. Richard Carroll, executive director, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend the title of the administrative regulation to accurately represent the subject matter; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1 to 3 to remove superfluous language. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 1:050. License application. A motion was made and seconded to approve the following amendments: to amend Section 1 to clarify the requirements for an applicant who was not a citizen of the U.S. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 1:190. Computer-based examination sections, applications, and procedures.

 

Board of Hairdressers and Cosmetologists

 

Board

 

201 KAR 12:020. Examination. Regina Webb, chair, Wilma May, administrator, and Dena Moore, executive secretary, represented the board.† Mary Randolph, Hair Design School, appeared in favor of this administrative regulation.† Patricia Stephenson, salon owner; Rebecca Taylor and Beverly McCauley, cosmetology school owners; and Johnnie Hood, Kentucky Congress of Cosmetology, appeared in opposition to this administrative regulation.

 

In response to questions by Representative Lee, Ms. Taylor stated that this administrative regulation required applicants to use mannequins rather than live models for their examination.† However, a better policy would be to permit applicants to use mannequins or live models because her students preferred to use live models.† At her school, students worked on live models for 1,500 of their 1,800 required hours.† Ms. McCauley added that students should also be examined on live models for public protection. Mannequin use did not adequately test the applicant's mastery of health and safety practices which were very important in this field.

 

In response to questions by Co-Chair Pullin, Ms. McCauley stated that some applicants wanted to use mannequins because it could be difficult to find live models for the haircut portion of the examination.† She suggested that mannequins be allowed for the haircut, but live models be required for the remainder of the examination. Ms. Taylor added that testing with live models was particularly important for the nail procedures because of their greater health and safety risks.

 

In response to questions by Representative Reinhardt, Ms. Taylor stated that schools did not have to graduate students with insufficient safety practices.†

 

In response to questions by Senator Tapp, Co-Chair Roeding stated that eighty-five percent of states required mannequins to be used for the examination.† Ms. Moore added that only two states allowed mannequins or live models to be used.† Additionally, switching to mannequin use only would benefit the applicants and the board because the board could examine more applicants in less space for less money.† Permitting the use of both would nullify all of those advantages.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 12 to specify the circumstances when the Board would waive the examination fee for a rescheduled examination; (2) to create a new Section 13 to incorporate by reference the required application forms; and (3) to amend the STATUTORY AUTHORITY paragraph and Sections 1, 3, 4, 5, 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.

 

Board of Nursing

 

Board

 

201 KAR 20:215. Continuing competency requirements. Nathan Goldman, general counsel, represented the board.

 

201 KAR 20:490. Licensed practical nurse intravenous therapy scope of practice.† 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 Sections 1 and 6 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.

 

Board of Physical Therapy

 

Board

 

201 KAR 22:045. Continued competency requirements and procedures.† Becky Klusch, executive director, represented the board.

 

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 Section 1 to clarify the definitions of "contact hour" and "continued competency" and delete the term "continued competency hour"; (3) to amend Section 2 to state that continued competency shall be based on contact hours awarded, and replace the term "continued competency hours" with the correct term, "contact hours"; (4) to amend Section 2(2)(b) and 2(2)(f) to clarify how many contact hours shall be awarded per activity; and (5) to amend Section 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.

 

Respiratory Care Board

 

Board

 

201 KAR 29:010. Activities under limited mandatory certification. Klaus Becker, vice chair, Tami McDaniel, board member, and Wade Root, board member, represented the board.

 

201 KAR 29:015. Fees. In response to questions by Representative Lee, Ms. McDaniel stated that the fee increases in this administrative regulation had been publicized in advance.† The Kentucky Society of Respiratory Care, the professional association for respiratory care, had included the proposed and finalized fee increases in its newsletters.

 

In response to questions by Representative Reinhardt, Ms. McDaniel stated that nonmembers also had access to the society's newsletters because the society provided them to hospitals and other places of employment.

 

In response to questions by Representative Bruce, Ms. McDaniel stated that the newsletters had noted that the board was proposing the fee increases.

 

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; and (2) to amend Section 3 to delete mandatory fines for persons practicing after their licenses have expired and to correct a minor formatting error. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 29:050. Continuing education requirements.

 

Real Estate Appraisers Board

 

Board

 

201 KAR 30:040. Standards of practice. Larry Disney, director, and Jim Grawe, general counsel, Attorney General's Office, represented the board.

 

In response to a question by Representative Reinhardt, Mr. Disney stated that this administrative regulation implemented the federal requirement that appraisals follow uniform standards.

 

Board of Interpreters for the Deaf and Hard of Hearing

 

Board

 

201 KAR 39:050. Renewal of licenses and extension of temporary licenses. Teresa Flaherty, chair, Russell Anderson, board member, and Scott Porter, assistant attorney general, represented the board.

 

In response to questions by Co-Chair Roeding, Ms. Flaherty stated that this amended administrative regulation limited the number of extensions allowed for temporary licenses.† The board hoped the limits would encourage more temporary licensees to complete the requirements for full licensure so that active interpreters would be better qualified and more professional.† Mr. Porter stated that the amendments closed the current loophole which allowed unlimited renewals of temporary licenses.

 

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 Sections 3 to 6 to correct formatting. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 39:070. Application, qualification, and certification levels for temporary licensure. 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 Section 1 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 39:090. Continuing education requirements. A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 3, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 6 to require that licensees selected for audit of CE hours be selected at random; and (3) to amend Section 8 to correct an internal reference. Without objection, and with agreement of the agency, the amendments were approved.

 

COMMERCE CABINET

Department of Fish and Wildlife Resources

 

Fish

301 KAR 1:085. Mussel shell harvesting. Benjy Kinman, director, and Cara Jarrell, attorney, represented the department.

 

JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

Office of the Secretary

 

501 KAR 6:060. Northpoint Training Center. Amy Barker, assistant general counsel, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 and NTC 10-01-01 to delete a provision that authorized the Warden to amend the policy outside the regulatory process. Without objection, and with agreement of the agency, the amendments were approved.

 

Youth Alternative Centers

 

501 KAR 12:001. Repeal of 501 KAR 12:010, 12:020, 12:030, 12:040, 12:050, 12:060, 12: 070, 12:080, 12:090, 12:100, 12:110, 12:120, 12:130, 12:140, and 12:150.

 

Department of Juvenile Justice

Child Welfare

 

505 KAR 1:101E. Department of Juvenile Justice Scoring SOP. LaDonna Koebel, assistant general counsel, represented the department.

 

EDUCATION CABINET

Board of Education

Department of Education

Office of Instruction

 

704 KAR 3:303. Required program of studies. Kevin Noland, deputy commissioner, represented the board.

 

704 KAR 3:490. Teacher's Professional Growth Fund. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 to correct statutory citations; and (2) to amend Sections 2, 3, 4, and 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.

 

704 KAR 3:530. Mathematics Achievement Fund. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) 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.

 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Department of Labor

Office of Workers' Claims

 

803 KAR 25:021. Individual self-insurers. Carla Montgomery, general counsel, represented the department.

 

In response to a question by Co-Chair Roeding, Ms. Montgomery stated that this administrative regulation updated the minimum requirements for an individual self-insurer, such as requiring a certification of medical reserves.

 

In response to a question by Representative Bruce, Ms. Montgomery stated that this administrative regulation only applied to individual self-insurers. Group self-insurers were regulated by the Office of Insurance.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 5, 9, 10, and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Public Protection

Office of Insurance

 

Administration

 

806 KAR 2:081. Repeal of 806 KAR 2:080. Carrie Banahan, deputy executive director, represented the department.

 

Authorization of Insurers and General Requirements

 

806 KAR 3:101. Repeal of 806 KAR 3:100.

 

Assets and Liabilities

 

806 KAR 6:031. Repeal of 806 KAR 6:030, 6:040, and 6:050.

 

Investments

 

806 KAR 7:051. Repeal of 806 KAR 7:050, 7:060, 7:070, and 7:080.

 

Office of Financial Institutions

Administration

 

808 KAR 1:050. Retention of records. Greg Jennings, general counsel, represented the department.

 

In response to questions by Co-Chair Roeding, Mr. Jennings stated that this administrative regulation updated and modernized the record retention schedule to reflect the current practices of financial institutions.

 

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, 3, and 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.

 

Office of Housing, Buildings and Construction

 

Standards of Safety

 

815 KAR 10:060. Kentucky standards of safety. Tim House, director, and Michael Bennett, staff attorney, represented the office.

 

In response to a question by Co-Chair Roeding, Mr. Bennett stated that home builders had not expressed any concerns about this package of administrative regulations.

 

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 Sections 1, 2, 3, 5, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to change† a reference from single family dwellings to one (1) and two (2) family dwellings; (4) to amend Section 3(4) to add to the list of excluded codes, code reference 13.3.2.6.1, existing assembly occupancies; and (5) to amend Section 8(3) to correct chapter references to the national code. Without objection, and with agreement of the agency, the amendments were approved.

 

Plumbing

 

815 KAR 20:020. Parts or materials list. A motion was made and seconded to approve the following amendments: to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 20:030. License application; qualifications for examination, examination requirements, expiration, renewal, revival or reinstatement of licenses. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 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.

 

815 KAR 20:050. Installation permits. 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, 4, 5, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 20:055. Water heater devices. 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.

 

815 KAR 20:070. Plumbing fixtures. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 6, 7, 11, and 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 20:090. Soil, waste, and vent systems. A motion was made and seconded to approve the following amendments: to amend Sections 3, 4, 6, 29, 36, and 37 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 20:120. Water supply and distribution. A motion was made and seconded to approve the following amendments: to amend Sections 2, 12, 18, and 21 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Division of Fire Prevention

Electrical Inspectors

 

815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060. 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 Sections 2, 5, 6, 7, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

CABINET FOR HEALTH AND FAMILY SERVICES

Department of Public Health

Office of the Inspector General

 

906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures. Steve Davis, deputy inspector general, represented the office.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to specify that the fifteen days to file exceptions began when the findings by the hearing officer were mailed to a party, in accordance with KRS 13B.110(4); and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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.

 

Department for Community Based Services

Division of Policy Development

K-TAP, Kentucky Works, Welfare to Work, State Supplementation

 

921 KAR 2:055. Hearings and appeals. Elizabeth Caywood and David Gayle, regulation coordinator, represented the department.

 

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 delete Section 2 regarding hearing representation, because it conflicted with KRS Chapter 13B; (3) to amend Section 6(2) to include time and location of the hearing as information required in the notice; (4) to delete Section 6(3) regarding written notice, because it conflicted with KRS Chapter 13B; (5) to delete parts of Section 13 that were repetitive of KRS Chapter 13B; and (6) to amend Sections 6, 10, 13, 14, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Food Stamp Program

 

921 KAR 3:050. Claims and additional administrative provisions. A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to delete confusing language regarding actions taken when the cabinet failed to provide notice of adverse action; and (2) to amend the title and Sections 6 and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

921 KAR 3:070. Fair hearings. 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 Section 2(1)(c), Section 5(3), and Section 7(1) to clarify that federal law required the provisions that differed from KRS Chapter 13B; (3) to delete parts of Section 16 that were repetitive of KRS Chapter 13B; and (4) to amend Sections 2, 4, 5, 7, 8, 16, 17, and 19 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Child Welfare

 

922 KAR 1:350. Family preparation. A motion was made and seconded to approve the following amendments: (1) to amend Section 17 to clarify that the home review shall be completed within thirty days of notification of a risk factor; (2) to amend Section 18 to delete the reference to adoption home closure; (3) to amend the incorporated by reference material to update form DPP-112A; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.

 

Day Care

 

922 KAR 2:180. Requirements for registered child care providers in the Child Care Assistance Program. In response to questions by Representative Bruce, Ms. Caywood stated that day cares would not need to raise their rates to implement these two administrative regulations because they did not increase any fees.

 

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

 

922 KAR 2:240. Kentucky early care and education trainer's credential and training approval. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 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.

 

The following administrative regulations were deferred to the next meeting of the Subcommittee:

 

GENERAL GOVERNMENT CABINET

Real Estate Commission

 

Commission

 

201 KAR 11:011 & E. Definitions for 201 KAR Chapter 11.

 

201 KAR 11:105. Advertising listed property; advertising public information about specific property; when consent and authorization of owner or principal broker is required.

 

201 KAR 11:121 & E. Improper conduct.

 

201 KAR 11:250. Listing and purchase contracts and other agreements entered into by licensees; provisions required.

 

Board of Chiropractic Examiners

 

Board

 

201 KAR 21:015. Code of ethical conduct.

 

201 KAR 21:025. Board; officers, duties.

 

201 KAR 21:031. Board meetings.

 

201 KAR 21:041. Licensing; renewals, fees.

 

201 KAR 21:045. Specialties.

 

201 KAR 21:051. Board hearings; complaints.

 

201 KAR 21:055. Colleges and universities; accreditation, approval.†††

 

201 KAR 21:060. Clinics; offices.

 

201 KAR 21:065. Professional advertising.

 

201 KAR 21:070. Licensing examination requirements.

 

201 KAR 21:075. Peer review procedures and fees.

 

201 KAR 21:080. Seventy-two (72) hour right of rescission.

 

201 KAR 21:085. Preceptorship program.

 

201 KAR 21:095. Licensure and registration of persons performing peer review.

 

201 KAR 21:100. Minimum standards for recordkeeping/itemized statements.

 

Board of Licensure for Private Investigators

 

Board

 

201 KAR 41:020. Application for licensure.

 

201 KAR 41:040. Fees.

 

201 KAR 41:060 & E. Renewal and reinstatement procedures.

 

201 KAR 41:070. Continuing professional education requirements.

 

201 KAR 41:080. Complaint procedure.

 

201 KAR 41:090. Code of ethics.

 

EDUCATION CABINET

Kentucky Board of Education

Department of Education

Office of Instruction

 

704 KAR 3:305. Minimum requirements for high school graduation.

 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Kentucky Horse Racing Authority

Thoroughbred Racing

 

810 KAR 1:080. International wagering hubs.

 

Office of Housing, Buildings and Construction

Board of Home Inspectors

 

815 KAR 6:010 & E. Home inspector licensing requirements and maintenance of records.

 

815 KAR 6:020. Advertising by home inspectors.

 

815 KAR 6:030. Home inspector standards of conduct.

 

815 KAR 6:040 & E. Home inspector prelicensing and continuing education providers.

 

The subcommittee adjourned at 11:55 a.m. until August 8, 2006 at 10 a.m. in room 154 Capitol Annex.