STATE ADMINISTRATIVE REGULATION FILINGSTHAT MAY IMPACT SMALL BUSINESSES

Administrative Regulations filed during the months of August & July, 2014 identified as potentially affecting Small Business

The list below includes recently filed administrative regulations that may or may not impact small businesses. This is not a complete list of all administrative regulation filings that could affect your business. Please note that the descriptor for all administrative regulation filings is illustrative only and may not apprise you of all aspects of the regulation that could affect your business.

To review all regulation filings, including hearing dates and deadlines, you can go to http://www.lrc.ky.gov/kar/frntpage.htm and search by title or key word. As a small business owner, you can familiarize yourself with all regulation filings that may apply to your business. If you believe that any regulation filing could be detrimental to your business, please contact the appropriate Small Business Ombudsmen to address your concerns.

ADMINISTRATIVE REGULATION FILINGS for August 2014

Public Protection Cabinet, Kentucky Horse Racing Commission

Thoroughbred:810 KAR 1:017. Objections and complaints.810 KAR 1:027. Entries, subscriptions, and declarations

Quarter Horse, Appaloosa and Arabian:811 KAR 2:070. Entries, subscriptions and declarations.811 KAR 2:090. Objections and complaints.

This administrative regulation provides requirements and procedures for filing complaints or objections of violations of 811 KAR Chapter 2.

A public hearing has been scheduled for September 25, 2014 at 10:00 AM at the offices of the KHRC, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511. Written notification of intent to attend the public hearing must be received by close of business on September 818, 214. Written comments will be accepted through the close of business on September 30, 2014. Please submit written comments, if any, identifying any anticipated effects of the proposed administrative regulations and/or written notice of your intent to attend the public hearing by the dates set forth above to me at 4063 Iron Works Parkway, Building B, Lexington, Kentucky 4011.

**********************************************************************************************************

Cabinet for Health and Family Services, Department for Community Based Services

922 KAR 1:360 & E. Private child, care placement, level of care and payment

This administrative regulation establishes: (a) five (5) levels of care based upon the needs of a child for whom the cabinet has legal responsibility; (b) a payment rate for each level; (c) gatekeeper responsibilities; (d) provider requirements; (e) procedures for classification at the appropriate level of care; and (f) procedures for determination of components of the model program cost analysis.  The amendments to this administrative regulation are necessary to increase private residential child-caring facilities’ and private child-placing agencies’ foster care per diems in accordance with the state/executive branch budget bill enacted during the 2014 Regular Session (Ky. Acts ch.117) and to make updates and clarifications to incorporated material.

******************************************************************************

Cabinet for Health and Family Services, Department for Community Based Services

922 KAR 2:160&E. Child Care Assistance Program.

This administrative regulation establishes standards that enable the Cabinet for Health and Family Services to qualify for federal funds under the Child Care and Development Fund, and establishes procedures for the implementation of the Child Care Assistance Program to the extent that funding is available.  The administrative regulation and incorporated material have been revised to increase the Child Care Assistance Program (CCAP) income eligibility criteria in accordance with available revenues, including the restoration of CCAP authorized by 2014 Ky. Acts ch. 117.  In addition, the amendments delink child care provider payment rates from the classification of cities, reinforce quality within CCAP, and make technical corrections and clarifications in accordance with KRS Chapter 13A. 

*************************************************************************************

ADMINISTRATIVE REGULATION FILINGS for July 2014

Cabinet for Health and Family Services, Department for Community Based Services

922 KAR 5:070&E. Adult protective services.

This administrative regulation establishes cabinet procedures for investigation and protection of adults who are suffering or at risk of abuse, neglect, or exploitation.  The amendments to this administrative regulation are necessary for congruency with the caregiver misconduct registry newly authorized by KRS 209.032 (2014 Ky. Act ch. 110).  The amendments are also necessary for conformity with applicable statutes and the requirements of KRS Chapter 13A.

922 KAR 5:120&E. Caregiver misconduct registry and appeals.

These new administrative regulations establish the caregiver misconduct registry authorized by Ky. Acts ch. 110 (KRS 209.032), associated due process, and error resolution procedures. 

******************************************************************************

CABINET FOR HEALTH AND FAMILY SERVICES, Department for Aging and Independent Living, Division of Quality Living [Operations Support](Amendment)

910 KAR 3:030. Traumatic brain injury trust fund operations program.

This administrative regulation would establishs the operations of the Traumatic Brain Injury Trust Fund

(The proposed regulation noted above was posted for comments and has not been filed.)

****************************************************************************************************

Kentucky Division of Water

401 KAR 8:200 – Microbiological monitoring401 KAR 8:300 – Lead and copper

401 KAR 8:700 – Bottled Water

This administrative regulation establishes monitoring requirements, analytical techniques and maximum levels for microbiological contaminants in water used for public consumption. The proposed amendments clarify reporting requirements, establish a maximum contaminant level for E. Cli which triggers additional assessments, requires public water systems to identify sanitary problems and take corrective action, and establishes more accurate methodology in calculating “population served” based on the most recent census information.

****************************************************************************************************

Education Professional Standards Board

16 KAR 9:080 University-based alternative certification program.

This administrative regulation establishes the requirements for entry and completion of the teacher and administrator university-0based alternative certification options, the responsibilities of the employing school or school district, and the responsibilities of the approved college or university alternative program.

******************************************************************************

Cabinet for Health and Family Services, Office of Inspector General, Division of Health Care

902: KAR 20:430&E. Facilities specifications, operation and services; behavioral health service organizations.

This administrative regulation creates a new health facility licensure category called “behavioral health services organizations”.

902: KAR 20:440&E. Facilities specifications, operation and services; residential crisis stabilization units

This administrative regulation creates new licensure category for “residential crisis stabilization units”.