Present were:

Guests: Diana Barber, Patrick Shirley, Kentucky Higher Education Assistance Authority; Brenda Allen, Robert Brown, Dr. Marilyn Troupe, Education Professional Standards Board; Robert B. Barnes, Teacher's Retirement System; Angela Robinson, Hiren Desai, Dwight Price, Ed Ross, Finance and Administration Cabinet; Bernard Decker, Department of Parks; Michael Rodman, Bill Schmidt, Board of Medical Licensure; David Cox, Board of Professional Engineers and Land Surveyors; David Casey, Jon Gassett, William Grayson, Jr., Jim Lane; Department of Fish and Wildlife Resources; Sean Alteri, John S. Lyons, Environmental and Public Protection Cabinet; Larry Ball, Jack Damron, Steve Lynn, Kathi Peterson, Justice and Public Safety Cabinet; Brigid Devries, Kevin Noland, Roland Williams, Education Cabinet; Larry W. Moore, Sheila Potter, Council on Postsecondary Education; Rose Baker, Nelson Henderson, Al Mitchell, Terry M. Slade, Environmental and Public Protection; Shirley Eldridge, Elizabeth Caywood, Linda Fallis, Trish Howard, Charles Kendall, Jason Moseley, Cabinet for Health and Family Services; Matthew Hall, Governor's Office; Tom Fitzgerald, Kentucky Resources Council; Michelle Skinner, Dr. Paul Skinner, Rhoda Huston, Lynn Albanose, Michael Auslander, DVM, MSPH; Janice Bailey, Eric C. Blow, Metro Animal Services (Louisville); Dr. Dan Bowling, Animal Hospital of Nicholasville; Jennifer M. Caravello, Debbie Cobb, Frank Dempsey, Kentucky Watch Publications LLC; Dan Evans, Kentucky Animal Care and Control Association; Melissa Firestone, Jack Furlong, Nancy Furlong, Frances Hammond; Lorin Hancock, James Harrison, Kentucky Reptile Zoo; Betty Hartley, Victoria King, Holly's Place and Kentucky Animal Welfare Alliance; Karen Marshall, Jennifer McComas, Nicole Paquette, esq., Animal Protection Institute; Austin Prater, Pam Rogers, The Humane Society of the U.S.; Meranda Sandlin, April Truitt, Primate Rescue Center; Kristen Wiley, Kentucky Reptile Zoo; Gary R. Williams UBK-KBA; Steve Wing, Louisville Zoo; Kim Wysong, SSA Chapter 68; Pamela Lyons Gromen, Denise Harding, Susan Schmid, Ric Urban, Newport Aquarium WAVE Foundation.

LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Jenifer Harrison, and Ellen Steinberg.

The Administrative Regulation Review Subcommittee met on Tuesday, June 14, 2005, and submits this report:

Kentucky Higher Education Assistance Authority: Division of Student and Administrative Services: KHEAA Grant Program

11 KAR 3:100. Administrative wage garnishment. Diana Barber, Assistant General Counsel, and Patrick Shirley, Senior Associate Counsel, represented KHEAA.

A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

Education Professional Standards Board: Teaching Certificates

16 KAR 2:090. School psychologist. Brenda Allen, General Counsel, represented the Board.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to add a new Section 3 to incorporate by reference application forms. Without objection, and with agreement of the agency, the amendments were approved.

16 KAR 2:100. Junior reserve officers training corps certification. 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 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.

16 KAR 3:060. Guidance counselor, provisional and standard certificates, all grades. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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; and (3) to amend 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.

16 KAR 4:010. Qualifications for professional school positions. 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; and (3) to amend Section 18 to clarify which certificate was required for a family resource center director. Without objection, and with agreement of the agency, the amendments were approved.

16 KAR 5:010. Standards for accreditation of educator preparation units and approval of programs. 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; (3) to amend the Incorporation by Reference Section to insert correct versions of incorporated forms; and (4) to amend Sections 9, 12, 19, 24, and 27 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

16 KAR 6:010. Written examination prerequisites for teacher certification. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; (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 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.

16 KAR 6:030. Examination prerequisites for principal certification. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY 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; and (3) to amend Sections 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.

16 KAR 7:010. Kentucky Teacher Internship Program. 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 Section 6 to delineate the extraordinary circumstances under which a teacher intern who was unable to complete an internship within one school year could complete it during a subsequent year; and (3) to amend Sections 3 to 9 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.

Teachers Retirement System: General Rules

102 KAR 1:175. Investment policies. Beau Barnes, General Counsel, represented the System.

In response to questions by Co-Chair Pullin, Mr. Barnes stated that the System rarely sent out individual notices of retirement system changes to selected groups of members because it was too difficult to determine which members were affected by the changes. Instead, the System prominently included any changes in its newsletter and also in its workshops.

Co-Chair Pullin stated that it was very important for the System to notify individual members of retirement system changes with the same vehemence and vigor that the System notified them of pending legislation.

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

Finance And Administration Cabinet: Office of the Secretary: Advancements to Sheriffs

109 KAR 12:011. Repeal of 109 KAR Chapter 12. Ed Ross, State Controller, Dwight Price, Portfolio Manager, and Hiren Desai, Attorney, represented the Cabinet.

Purchasing

200 KAR 5:021. Manual of policies and procedures. A motion was made and seconded to approve the following amendments: (1) to amend the "Finance and Administration Cabinet Manual of Policies and Procedures" to delete language that exempted from competitive bidding edible food products purchased by the Department of Parks for preparation and sale on site, and instead to add a provision declaring fresh meat and fresh dairy as items that were not practicable or feasible for competitive bidding purposes; and (2) to amend 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.

200 KAR 5:309. Noncompetitive negotiations. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete language concerning the purchase of edible food products for preparation and resale on site by the Department of Parks; and (2) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

200 KAR 14:011. Qualified investments. A motion was made and seconded to approve the following amendments: to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

200 KAR 14:081. Repurchase agreement. A motion was made and seconded to approve the following amendments: to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

200 KAR 38:050. Advancements to sheriffs. A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to specify the types of documents, reports, or information that the cabinet may require a sheriff to submit; and (2) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

General Government Cabinet: Kentucky State Board of Licensure for Professional Engineers and Land Surveyors

201 KAR 18:030. In-training certificates. David Cox, Executive Director, represented the Board.

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete language that was ambiguous and indefinite; (2) to amend the RELATES TO paragraph and Section 3 to correct statutory citations; and (3) to amend Sections 4 and 5 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 18:072. Experience. A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1 and 2 to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 18:092. Surveying core curriculum. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to correct statutory citations; and (2) to amend Section 1 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Commerce Cabinet: Department of Fish and Wildlife Resources: Game

301 KAR 2:082. Transportation and holding of exotic wildlife. Jon Gassett, Interim Commissioner, and Jim Lane, Wildlife Division Coordinator, represented the Department.

Commissioner Gassett stated that the Department was responsible for regulating the possession and protection of wildlife in Kentucky. As part of that statutory duty, this administrative regulation banned the importation and possession of exotic wildlife classified as inherently dangerous. The amendments extended the ban to additional species including nonhuman primates, lions, tigers, bears, and cobras. Exotic wildlife used for medical purposes and existing pets were exempted from the ban. The Department promulgated the amendments to help stem the illegal exotic wildlife pet trade in Kentucky. The amendments were supported by numerous public health and wildlife experts and were similar to bans in twenty-three other states. Additionally, an executive order already banned the importation of nonhuman primates into Kentucky.

In response to questions by Co-Chair Roeding, Commissioner Gassett stated that licensed or accredited educational or research institutions could request permission to possess exotic wildlife for research purposes. Also, most current exotic pet owners could be grandfathered in with veterinarian records.

In response to a question by Co-Chair Pullin, Commissioner Gassett stated that a helping hand monkey for a quadriplegic was an example of exotic wildlife that qualified under the medical exemption.

In response to questions by Representative Reinhardt, Commissioner Gassett stated that this administrative regulation also prohibited the breeding of inherently dangerous exotic wildlife. The Department would monitor compliance.

In response to questions by Senator Kerr, Commissioner Gassett stated that the ban on nonhuman primates included capuchin monkeys except for those that qualified for the medical exemption. Bites from capuchin monkeys could be very serious.

In response to questions by Representative Lee, Commissioner Gassett stated that the Department was not requiring a fee or a holding permit for current exotic pet owners to be exempt from the ban. Additionally, the ban was enforceable because the Department could investigate pet stores for illegal species and could determine if existing pets were replaced by comparing the physical characteristics of the animals. It was less expensive to control exotic wildlife by instituting a ban rather than a permitting program.

In response to questions by Representative Bruce, Commissioner Gassett stated that the Department did not have jurisdiction to regulate the possession of pit bulls; however, he felt that monkeys were equally dangerous because of their ability to carry human disease. He did not know of a case of a monkey killing a child.

The Subcommittee heard all persons wishing to speak on this administrative regulation. The following persons appeared in opposition to this administrative regulation: Rhoda Huston, Primate Owner; Dr. Paul Skinner, Simian Society member; Debbie Cobb, Consultant and Florida Citizen; Michelle Skinner; and Kim Wysong, President, Simian Society. The following persons appeared in favor of this administrative regulation: Dan Evans, Kentucky Animal Care and Control Association and Director, Kenton County Animal Shelter; Dr. Dan Bowling, Animal Hospital of Nicholasville; Dr. Michael Auslander, State Veterinarian, Department for Public Health; Janice Bailey, Citizen of Ohio; James Harrison, Kentucky Reptile Zoo; Nicole Paquette, Attorney, Animal Protection Institute; Steve Wing, General Curator, Louisville Zoo; Pamela Lyons Gromen, Newport Aquarium; Ric Urban, Newport Aquarium; Eric C. Blow, Metro Animal Services, Louisville; Pam Rogers, Humane Society, U.S.; Meranda Sandlin, Primate Rescue Center; April Truitt, Director, Primate Rescue Center; Jennifer Caravello; and Frances Hammond.

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

301 KAR 2:144. Fall wild turkey hunting. In response to a question by Representative Lee, Commissioner Gassett stated that the agency amendment returned the crossbow season to its current duration. The Department had not reached a compromise with the sportsmen on an expanded season.

In response to a question by Representative Reinhardt, Commissioner Gassett stated that due to the agency amendment, the Department did not anticipate an increased deer harvest.

Senator Tapp stated that he appreciated the Department amending this administrative regulation to accommodate the public's interest in maintaining the current crossbow season.

A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to delete the provisions that permitted the use of a crossbow during the fall statewide archery season from November 1 to the third Monday in January. Without objection, and with agreement of the agency, the amendments were approved.

301 KAR 2:172. Deer hunting seasons and requirements. A motion was made and seconded to approve the following amendments: to amend Section 5 to delete the provisions that permitted the use of a crossbow during the fall statewide archery season from November 1 to the third Monday in January. Without objection, and with agreement of the agency, the amendments were approved.

301 KAR 2:178. Deer hunting on Wildlife Management Areas. A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to delete the provisions that permitted the use of a crossbow during the archery season; (2) to amend Section 2 to clearly state that the archery season was the same as in 301 KAR 2:172 unless otherwise noted; (3) to amend Section 5 to make a minor correction; and (4) to amend Section 6 to delete language that was ambiguous and indefinite. Without objection, and with agreement of the agency, the amendments were approved.

301 KAR 2:179. State park deer hunts.

Environmental and Public Protection Cabinet: Department for Environmental Protection: Division for Air Quality: Air Quality-General Administrative Procedures

401 KAR 50:017. Repeal of 401 KAR 50:016. Sean Alteri, Supervisor, Regulation Development Section, and John Lyons, Director, represented the Division.

401 KAR 50:045. Performance tests. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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 Sections 1, 2, 5, and 6 to delete vague and arbitrary language and clarify standards relating to performance testing methods, protocol, and waivers; and (4) to amend Sections 1, 2, and 4 to 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.

General Standards of Performance

401 KAR 63:005. Open burning. Tom Fitzgerald, Kentucky Resources Council, appeared in opposition to this administrative regulation.

Mr. Fitzgerald stated that he was opposed to this administrative regulation because it sanctioned open burning of garbage in backyard environments. The combustion of mixed household garbage created toxic smoke which was the largest identifiable source of dioxin exposure. Open burning should be prohibited because proper garbage collection was available throughout the state. Furthermore, industrial sources of dioxins were already regulated.

In response to a question by Co-Chair Pullin, Mr. Lyons stated that only thirty-one (31) counties in Kentucky had mandatory garbage collection. Additionally, this administrative regulation deferred to any local ordinances which regulated open burning.

A motion was made and seconded to approve the following amendments: (1) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 4(13) to state that fires set by county or municipal governments to dispose of wood waste or clean lumber shall not be considered to be in violation of 401 KAR 47:030, Section 10, which concerns open burning of solid waste or hazardous wastes by a solid waste site or facility. Without objection, and with agreement of the agency, the amendments were approved.

Justice And Public Safety Cabinet: Department of Corrections: Sex Offender Risk Assessment Advisory Board: Office of the Secretary

501 KAR 6:190. Approval process for mental health professionals performing comprehensive sex offender presentence evaluations and treatment of sex offenders. Jack Damron, Deputy General Counsel, and Kathy Peterson, Board Chairperson, represented the Department.

A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to clarify the requirements for requesting an extension to complete continuing education hours; (2) to amend Section 8 to specify that specialty training and continuing education shall be approved by the board based on its nature or relevance; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 5, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

501 KAR 6:220. Treatment for sex offenders. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.

Division of Local Facilities: Direct Supervision for Full-service Jails

501 KAR 10:001E. Repeal of 501 KAR Chapter 10.

Department of Criminal Justice Training: Kentucky Law Enforcement Council

503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirement; records. Larry Ball, Executive Director, and Steve Lynn, Assistant General Counsel, represented the Department.

A motion was made and seconded to approve the following amendments: (1) to amend Section 7 to specify that if a recruit leaves basic training due to being called for active duty in the Kentucky National Guard or other branch of the United States Armed Forces, the recruit may complete the remainder of the training within 180 days of his or her return from active duty service; and (2) to amend Sections 3, 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.

General Training Provision

503 KAR 3:010. Basic law enforcement training course recruit conduct requirements; procedures and penalties. A motion was made and seconded to approve the following amendments: (1) to amend Sections 4, 6, 8, 10, 13, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Education Cabinet: Board of Education: Department of Education: Food Service Program

702 KAR 6:100. Appeal procedures for school and community nutrition programs. Kevin Noland, General Counsel, represented the Department.

A motion was made and seconded to approve the following amendments: (1) to amend the appeal procedures to also permit the appellant to be represented by another person in accordance with federal regulations; and (2) to amend Sections 2 to 4 for clarity and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

School Terms, Attendance and Operation

702 KAR 7:065. Designation of agent to manage high school interscholastic athletics. Brigid DeVries, Commissioner, and Roland Williams, Assistant Commissioner, represented the Department.

Council on Postsecondary Education: Unemployment Insurance

787 KAR 1:010. Application for employer account; reports. Larry Moore, Policy Analyst, represented the Council.

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

Environmental and Public Protection Cabinet: Office of Housing, Building and Construction: Division of Building Code Enforcement: Kentucky Building Code

815 KAR 7:120. Kentucky Building Code/2002. Al Mitchell, State Fire Marshal, Nelson Henderson, Director, and Terry Slade represented the Division.

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

Heating, Ventilation, and Air Conditioning Licensing Requirements

815 KAR 8:010 & E. Master heating, ventilation, and air conditioning (HVAC) contractor licensing requirements.

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; (3) to amend Section 2 to specify the requirements for continuing education providers for course approval; (4) to amend Sections 1 to 7 and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 9 to incorporate by reference the required standards for continuing education courses. Without objection, and with agreement of the agency, the amendments were approved.

815 KAR 8:020 & E. Journeyman heating, ventilation, and air conditioning (HVAC) mechanic licensing requirements. 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; (3) to amend Section 2 to specify the requirements for continuing education providers for course approval; (4) to amend Sections 1 to 6 and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 9 to incorporate by reference the required standards for continuing education courses. Without objection, and with agreement of the agency, the amendments were approved.

815 KAR 8:045 & E. "Limited" licenses for journeyman HVAC mechanics. 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.

Boilers and Pressure Vessels

815 KAR 15:080. Fees for licensing new boiler and pressure vessel contractors. Al Mitchell, State Fire Marshal, represented the Division.

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; (3) to amend Section 3 to incorporate by reference the renewal application form; 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.

Electrical Inspectors

815 KAR 35:015. Certification of electrical inspectors. Al Mitchell, State Fire Marshal, represented the Division.

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 Sections 1 to 10 and 13 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 35:060 & E. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060. In response to a question by Senator Tapp, Mr. Mitchell stated that the Department was working with the Kentucky Community and Technical College System to enable KCTCS to offer continuing education programs for electricians. The Department wanted to increase the number of continuing education providers in Kentucky.

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; (3) to amend Section 2 to more clearly establish the application requirements for applicants for reciprocity; and (4) to amend Sections 2, 4, 5, 6, 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: Office of Certificate of Need: Certificate of Need

900 KAR 6:030. Certificate of need expenditure minimums. Trish Howard, Regulation Coordinator, represented the Office.

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 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 2:006. Technical requirements for the Kentucky Transitional Assistance Program (K-TAP). Jason Moseley, Director of Policy Development, represented the Division.

A motion was made and seconded to approve the following amendments: (1) to create a new Section 2 establishing the requirements to be an "eligible parent;" (2) to amend Section 11 to reference 901 KAR 5:070, Section 1, concerning documents declaring voluntary paternity; and (3) to amend various sections to specify citations, re-number, and comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

The Subcommittee and the promulgating agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:

General Government Cabinet: Board of Medical Licensure

201 KAR 9:018. Physician advertising.

Environmental ad Public Protection Cabinet: Department for Natural Resources: General Provisions

405 KAR 7:001. Definitions for 405 KAR Chapter 7.

Permits

405 KAR 8:001. Definitions for 405 KAR Chapter 8.

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.

Performance Standards for Underground Mining Activities

405 KAR 18:001. Definitions for 405 KAR Chapter 18.

Special Performance Standards

405 KAR 20:001. Definitions for 405 KAR Chapter 20.

Areas Unsuitable for Mining

405 KAR 24:001. Definitions for 405 KAR Chapter 24.

Transportation Cabinet: Department of Vehicle Regulation: Commercial Driver's License

601 KAR 11:010. Fees relating to commercial driver's licenses.

Environmental and Public Protection Cabinet: Office of State Fire Marshal: Manufactured Homes and Recreational Vehicles

815 KAR 25:080. Requirements for certifying manufactured home installers.

Cabinet for Health and Family Services: Department for Medicaid Services: Office of the Commissioner: Medicaid Services

907 KAR 1:019 & E. Outpatient Pharmacy Program.

The subcommittee adjourned at 12:45 p.m., until Tuesday, July 12, 2005.