ALC-Administrative Rules

Are members come to order if you would please will go in shark to meeting of rules just run remind those that wished comment on the roof go ahead and sign up issues specify the rule in which you wish to comment and we're going be taking off sheets up momentarily of forest b no ideas to address on c we have no reports this month from executive or any of the l c sub committees concerning review of the rules and with that we're in go on to d and next on the adjournment agenda or the agency rules for this math just note items d one c ATRS is rule six that rule was held by the joint retirement committee so we will not be taking that one up this month and thank you see that it's been stricken and so with that we're going to begin call our agencies to the table beginning with the arkansas teacher retirement system so mr mark white and if you're going to be bringing jet for lio with you would you all please come and name entitles for the record if you would please and then you recognize to go him present. Thing was chairman mark wide arkansas teacher thomas system jennifer lewis arkansas teacher retirement agent for which pull it michael close replacement and you all recognize that you missed chairman so we have a series of rules to go through and if I may as well just be very quick overview of the the whole package this is the first time the system has done a comprehensive rewrite of its rules in many years certainly not entirely recently the spend done there several reasons why we're doing this number one horse we have some legislative changes made in the last session that we're incorporating into the rules just to be clear we are already implementing those things those things are already in force we're just changing the rules to catch up with what's in the act to make sure they can form to what's in legislation also as you are aware there is an ongoing effort to compile all of the states administrative rules into a code of arkansas rules and so we're making changes to route our rules to get the formatting in the style adjusted so it will fit the new code of arkansas rules which had so many other changes to make without would go ahead and do those as well and then we are making some substant changes to bring some clarity in places to fill some gaps that are in the rules to clean up and clarify language and formatting and then also revising the number you know the rules and so that i'll start with what's one a rule of zero dash one these are our rules of organization operation these are just clean up changes there's no changes in here that effect the rights of responsibilities of our members are employers just as an example there's a fax number that in there that's wrong as they were fixing that fax number and it would that was during we stopped a questions for each one. Yes to talk when do members because they've got a lot of rules on here we're going to let him give a free explanation these were heard in retirement shows yet the privilege sit through that meeting while this was already heard in there but we're going to do is stop at each one i'll give you a moment for questions and then we'll get without the objection to just try to move through them our system act is so any questions under real members. Then without objection this rules reviewed improve we're going on to be ruled four page two thousand this is rare rule for relates to election of our board of trustees we're making a number changes to clarify some things there are several places throughout those rules whether his language that was ambiguous as or trying to clean that up and make it explicit to conformed our current practice there's nothing here that would change our existing practice these are things that have been done over the years we shall make it explicit in the rules so everyone knows exactly what we're doing and you say is an example we're making clear that you know we have both active positions on the board we have retired positions on the board we do have smart tired members who are still working and source make an explicit that those retired members they can only vote for the retired trust d not for the act of trustee nor that we have an answering questions be questions for members. The. Here you know nobody signed up to speak for against them without objection as rules reviewed and approved we're going out to the next one page which gets see and we're going to pay three rule seven so this is a most our rule seven which relates to service credit contributions and reporting as well as final average salary we are implementing the provisions of act sixty four that makes some changes around the employer outsourcing that's where a school district is taken something where they were handling with their internal staff and their transferred to an external vendor so make some changes around that nothing nothing real significant but it's just important that legislation also being spent a clarifying around the submission of reporting contributions the most part of a such and of peace and here the are board has done to the policy they want to restrict members from using certain service critics there are purchased as part of a contract buyer and we make it clear that when you have getting individual has service credit that's been given to them as part of a buyout they still have to crew that over time so no worries if you have someone who's under in a three year contract and in your one they purchased the service credit for those other two years they can't use that credit for retired purposes until those two years have passed or that we have to answer any questions and I think the question is this in committee if you if somebody wants to buy back their time do you actually handle the receiving of the payments or is that something left go to like a bank and bring a lump sum payment can hit on that real quick sure we we handle the payments for those we do allow them to if they're purchasing service credit we do allow them to purchase that over time they don't get the benefit of it until they fully pay but they can pay in installments and interest that you charge on that or is it just straight by back it's just straight above it okay good deal any questions for members. And we sign up speak for against it without a questions in without objection this rules reviewed and approved and gone on to f. This is our rule a related to service credit including purchase service credit and so I relate my bed go in. That there are four acts that were implementing in this rule at fifty five relates to refunds of unused purchase service credit act sixty nine relates to eligibility for a free military service credit and this is several years ago because for individuals who were inducted in the military at the time when there is a draft their entitled some free credit based on that act one or seven regarding contract bailed agreements and then act on twenty five which relates to gap your service credit and there's something you are added in legislation so the teacher leaves the school for a year or two comes back they can purchase credit for that gap year that they were gone and then make a similar changes around the contract bills that are mentioned earlier and other cleanup. The. In questions for members. Here nobody signed up speak for against with our objection rules reviewed and approved. The. All right adam one at this is rule none related to retirement benefits we have three acts that were implementing in this one act one of four which relates to anti spaking rules these are rules that insured that if you get a large pay rays the effect on your average salary for retirement purposes is limited until you've had several years of that increase to mount ensures that your retirement middle is not artificially in large by one single pay race act one or seven relate which relates to application deadlines for retirement act on seventy which relates to a newly options and destination have been officiaries and then other clean up and we've also moved from language from rules seven into this rules it really fits better here a question is remembers seat thirty three and a sure. Representative richardson thank you mister chair I just want to clarify this you said several years if they have a high level of salary it's so how many used total is there we can go the following ever salary on the highest five years five years okay thank you yes. Any other questions for members. And we signed up speak for against with objection the rules reviewed and approved g. Alright one g this is rotn are this involved return service as well as our t drop program teacher deferred to covered option plan this is a plan where teachers can start a accumulating retirement benefits in an account while they'd continue to work into far retirement it's a good option to help encourage teachers to stay in the classroom end this just makes them clarifications about what happens if a teacher is in the t drop program and they leave their employment mid year and just how those calculations are done and based on that mid your exit. Any questions for members. And we sign up speak for against with our objection the rule is reviewed and approved relative eleven but real eleven relates to survivor benefits and and also domestic relations orders implements two acts act seventy seven which makes some clarifications and changes around survivor and newty benefits act once seventy one which relates to the lump sunday the benefit that we offered our members we're also making some changes around what call our effection was the cute rose that's qualified domestic relation orders q r o those are orders that a court inners when there is a divorce that involves one of our members or any other retirement plan and just find those orders to find how those recurring benefits are split between the two spouses and respect some changes run how those are processed in what expected there. Any questions for members. And we signed up speak for against with our objection to rule is for the an approved rule twelve one. Roll twelve one are this released jar rs status this is purely clean up there are no changes here that relate to any rocks responsibilities of our members or employers. Any question in members. Sheet eighty nine. Senator you more than senator gilmore well just because there won't be questions I wanted uh mr white you know have been reminiscent of his old job so I thought I would ask your question but I really have nothing committee I was just wonder messed with mr wife thank you to appreciate that you welcome and if we're ten minutes later out here at seat eighty nine fault okay any any question any valuable questions from any member was good to come in have all after all right then without objections no questions from the member comments from the public with objectives rules reviewed and approved thirteen one. This is our rule related to a administrator of educations how members can appeal or get a question reconsidered all we've done is that those those rules were split between four different rules were combining them all in one place so it's easier for members to understand and and know what they're right so we're also making some things explicit the main piece is as director the board has traditionally given me authority to resolve issues after five thousand dollars as we're just making that explicit in the rules and anything large and that has to go to the board for approval and questions members. Who know question members with no comments from the public with our objections rules reviewed and approved fourteen one. This rule is excuse me this rule is purely clean up changes there are no changes related to a member starts responsibilities this is just the rule that establishes the accounts we used to account for our assets and liabilities. Any questions members. So you know questions for members nobody signed up to speak for against with objections rules reviewed approved fifteen one same store and this one is side purely clean up language this rule relates to a benefit restoration plan this is a a measure we have a place to work with some r s limits on maximum benefits for pensions and this just insurance we stay in complaints with those rs rules and questions remembers. Then we set up speed from for against from public with our objection rules reviewed and approved and sixteen this is our rule really store cash or cash and savings help program this is a program where members are who are invested but are no longer working in education they can choose to get a one time payout in place of receiving monthly retirement but if it's when they retire this is just clean up language there is nothing that affects the rots of responsibilities of members just curious on that one did they not already have that ability to do that and why would the rule need to be cleaned up from that sure they have the option they are they also have the option to withdraw their contributions which is a smaller amount this was a program set up a few years ago that we have someone is just as example someone who they worked in public school for the first three years their career they've left their never coming i'm sorry we say five years of their curse their vested they've left they never tend to come back in education this allows them to go ahead and get to get a cash payment now rather than have to wait until they turn sixty to collect repairer benefits and it's it's calculated so they just an equal financial impact on the system either way so that we don't lose any money on that and the changes is just declined clean up some issues and make it make sure that he is clear and unambiguous okay any questions for membership. All right nobody set up speak for against from public without objections rules reviewed and approved and consulted with the co chair can you just give us the summary of the reason for the repeal and and through you and a lush members have questions on individual ones we may back season let me give you the mike just to give an overall explanation why you want to repeal all these rules yes are for the appeal of seventeen dash 1 i'd mention earlier we combined all of the appeal language in one place in rural thirteen this as a result this is no longer needed and such more repealing this real seventeen dash one for the remaining ones rules five dash one three five dash eight those are obsolete rules that frankly should have been repealed many years ago their other policies in place and these are these neighborhood need to be probably getting the first place because I really solely to the investment choices of the board makes they don't relate to the russian responsibilities of the public and so we're just cleaning this up and giving his obsolete rules off the books. Okay so you know some side of our conversations about black rock and all out of the count stuff and these rules gonna touch that subject matter or is it is it going to we got up in a week from our regret we didn't look into these any deeper no sir wheat work where we've addressed that is in the board's investment policy and that's already been amended to address those issues right okay do any members having questions about repealing in through you seventeen one five one through five eight any questions on the individual appeals. Nobody signed up from the public speak for a game so then without objection. Were down will consider that these rules will be repealed that the quote or do we get emotional on that. The. Show without objection that review the repeal is revoke reviewed she members reviewed and approved. All right thanks thank you mr and thank you members thank you all right let's get the department of ag please natural resources. And where a page thirty six members. And gentlemen when you'll get to the table if you would name and. Total please for the records and you can proceed. Ryan bennett filled debit director natural resources division. Chris call closure director of natural resources division department court receipts to partner culture okay you'll go ahead please all right thank you mister chairman members we're here today for a minutes to our water provider retail water provider rules a minute that we made directly because of act five forty five in six ninety one of the twenty three. Regular session and most of these changes relate to rate study requirements then and some flexibility. To some of the times and refurbishment accounts and then also it repealed the water provider training advisory board again just changes that we had to make due to legislative changes to be happy to take any questions. He members have any questions. And we're saying to speak for against from the public without any questions in this rule will be reviewed and approved thank you very much thank you. Three department commerce state insurance department. Members why they're taken their seat I want to remind you that senator irvine and public health will be taken up discussion what what's the date of that meeting senator urban that you're gonna have a discussion on the water. You have that nature to choose say that the committee the other day march twenty eighth you are interested in that subject matter that we just took up as rule and others march twenty eighth public health would be a good time for you to be there to be involved in that discussion right we're on a partner commerce and state insurance will head named town for the record please. Would you mandate which push that button there there you go. Amanda rose for the arkansas insurance department. The. This is told you were parking so insurance department okay so i'll go here please. Our rule one twenty four is a new rule that provides guidance to term in universal life insurers with regard to recent changes would you pull it like a look would you pull it michael closer police man thank you that good yes ma'am okay. The rule relates to giving guidance to insurers with regard to changes made to the arkansas credit for reinsurance law during the twenty twenty one session. It refers to portions of that newly amended law it is a new light does not replace or amend an existing law. The rule is prepared and adopted by the national association of insurance commissioners and it is a model regulation is based completely on that model in this national accreditation for all states. The authority for promotion of the rules found in twenty three sixty two three oh eight and we're happy to take any questions on the substance of the rule a members have any questions. Nobody from the public signed up speak for against them without objection as rule as reviewed and approved thank you all for being here thank you yes ma'am can we get department of ad please next. Elementary secondary education. When beyond page thirty eight. And good morning if you're worried name entitled for the record please good morning courting sellers forward chief of staff in the department of education which chairman daniel shorts definitely council for department education would your head and we're on the. Rules governing payments under education freedom account program. Mr chairman this is a one page rule that allows the department to fill its obligations or the large act to disperse funds for election uh for excuse me chairman for education freedom accounts. This rule is currently in effect is an emergency rule this is its permanent company. All right and membership anything else we're open for questions any questions members. This is the follow up as you mentioned to the emergency room it was passed earlier any questions for members and we signed up speak for against from the public show without objection this rule will be reviewed and approved and page forty three rules governing tutoring program exchairman committee this is a rule that governs to great program to the first is literature to do in grants establishment of learn to act these grants for the benefit of students cap by law at five hundred dollars available for approved vendors and tutors or programs the second is high impact tutoring these are grants available to schools to provide tutoring services to students are. That both of which are required under the large act. Okay questions remembered. Representative. But. Thank you mr chair and. So these are canada pretty vague. Rules so do the scores yet bender or who they can use for tutoring or what is the process that the schools were actually that's pretty vague the scription of whites. Actually happening so can you can I get all of it further and tell us. A little bit more I don't want schools to be caught off guard and be doing things and then not being able to get reimbursed right so are you referring to the literacy tutoring or the high impact to during the answer both but do both okay so on the literacy tutoring grants students were identified using their assessment scores and then we sent letters both to the parents and to the school district for every single child and then they are able to log in and access set up an account and then access the fines they are provided a list of approved vendors in their area and then as well any teacher at that school who is licensed and trained in the science of reading is also eligible to provide those tutoring services before and after school and all of that is explained in the letter to the parent and the school district and as well as providing professional development in different types of web in ours and search to the school districts. On the high impact tutoring those are grants given directly to the school districts so they had to submit an application to ask telling us how they were going to provide the tutoring services during the day who they were going to use if it was amps direct staff or if it was an outside binder and so of course they know who is doing it in that case and then the funding is provided to them on an annual basis thank you very much thank you mister chair you welcome any other questions for members seek toy serving as representative springer. Good morning thank you mister chairman who would have person in the public baby to find these rules where could they go to find them would you let us know that they are on our website and if you go to the division of elementary and secondary education to the rules website we have them posted there are thank you would you do me a favor could you send but could you do that a form of link to staff and so we could push that out to all the community members that you don't mind yeah absolutely make it easier for you but you find that way alright any other questions for members I know so a lot of comments submitted by the school board association although to get satisfied as far as you know. Yes which chairman of those were all essentially stylistic in nature they weren't subtle okay any questions from any members. Then we signed up speak four against for the public and without objections rule is reviewed and approved. Thank you committee thank you all right we're up to the department health. Oh hang on on second challenge seat for saying i'm on recognizing her irving test your questions and irving. Thanks before you there there are several comments and here that obviously are clearly outside of the rule making process and the that really don't pertain to the rule but I think might be a helpful as i'm reading them they're produced there's their kind of user user friendly type of suggestions on some of the vendor and the process are your. Taking those into consideration looking at the because I think the ineither they're they're good constructive criticism comments yes absolutely we're sharing those with the internal staff that are or directly responsible for kind of overseeing this program okay as well we are currently in going through the rfp process who identify a vendor to administer the funds for these and so that is being shared with that vendor to make sure that going forward the. Program is user friendly and much easier to navigate okay and that's great I appreciate it and I appreciate the people that took the time to make these types of comments because it's really constructive and helpful so appreciate the crising capitation how many comments they they made and in that regard so appreciate the department taking the centre consideration link we appreciate the feedback but i've got a quick question when were the grants actually be available if it if the repeaters have for the administration of grants when when were they actually become available to the schools and to the public they are already available and we're doing it kind of in house and and with extend existing programs and in the interim but for a long time we're going to the rf process so that someone can can take it over a long time since we anticipate that it could grow so kind of school that maybe wants to do something away of stopping summer learning loss and focus on reading for kids that have been identified. This doesn't have to go on just during the school year could it be something that's done during the summer as far as the grants so the high impact tutoring is specific to during the school year during the school day but there are other options different funding sources and tutoring options available for it for districts who want to provide a summer program good deal okay i'll give with you thank you all right up next will be department of health. The. Age forty eight members. Good morning if you would please name a town for the record. Matt gill more department health. Good morning i'm hampton and the director of the data licensing board good morning feel on present please. Okay so first we're proposing a total of three revisions to to current rules at fifty six of twenty twenty three and act when thirty seven. Of twenty twenty three. Um. The. The following changes are proposed on fifty six section four. The quarrel was originally consisting for members we released that to three and then on f we also change the amount of people who who it took to call a meeting so now the chair if two of our board members are request from the chair and meeting or honor that request instead of the three that it currently was. And then the second one second proposal was section ten. And that was just adding emailed originally it said that we can mell documents to the licensees and we just added and emailed on them. Any questions who questions for members. Which are bored. Currently fully stay after mean you have you have all your board members currently. Yes sir okay alright. Any questions members nobody signed speak for against the public in without objections rules reviewed and approved. Thank you for being here. All right. From house speech language pathology and audiology. Yeah. I've got more staff coming up for that next year okay. It seems more by way. The. But if you advertise named town for the recomplete. Good morning nothing your role a director of darkens on board of xamirs and speech pathology and ideology mango more department health. Okay. The earth changes and relation to act one thirty seven of twenty twenty three and it's just inserting a paragraph to our military license to accept relevant in applicable uniform service education training national certification or other issued condition towards license requirements we've had public comment period that expired on january nineteenth of the sheer we received no comments open to any questions and questions remember. Mister rose issue first time present or if you've been in front of the committee before been in front of different committees but we've been up for first one today in front of you. I think it's the first time for rules committee okay I just say welcome hope you hope you feel you can relax breeze were okay we we haven't drug ebay out of here in two three months or good morning so all right any questions for the newbie all right then without objection no comments from the public to me let up is our question for a letter. Okay then here with no comments from the public thing without objections rules reviewed and approved thank you all for being here thank you and all right get another one let's see part of the health and. We honored. We got next met we have the alcoholism for the discounts was bored okay on page fifty members number seven. Good morning jeck of smith branch chief and administrator for there are state board for examples for alcoholism and direct abuse counselors. Go ahead. This rule amends their arkansas state board of examiners for alcoholism and drug abuse counselors regarding military license to allow the board to accept relevant uniform service education training national certification and service issued credential towards license your qualifications requirements when considering an application for initial license. Additionally this heads language defining automatic occupational licensing per act one thirty seven of the two thousand twenty three regular session a public comment period was held from january fifth two thousand twenty four three february fourth two thousand twenty four with no public comments receipt. Thank you and i'm happy to take any questions any questions remember. Art in without any input from the public signed up speak for against and with our objection rulers reviewed and prove thank you all right department health now issue. The morning name and town for the record please good morning i'm large sue on general council for the department of health and I help assist with any presentations for board of health rules the first board of health rule that you have before you under eight a is the controlled substances less as you know we have to amend the controlled substances list per arkansas law every year we are presenting a several additions to this rule on october twenty sixth the board of health approved this new list in twenty twenty three we add it bit now related substances in schedule and in schedule three we were looking to propose the scheduling of the substance which is a legitimate substance that is used by veterinary professionals we had a public commit period that started in a january week extended the public comment period until january twenty ninth we had a public comment hearing we received several public comments from the veterinary professionals the cattlemen's association and the farm bureau we have pulled out that particular substance out of our proposal as we are now doing that further consideration and working with our partners in the veterinary professional area to come up with a an exemption that will work to prohibit the elicit use of apps xalazine when it's added into fetnal related substances but also provide for the legitimate use of zyloseen so we are going to be working together with our veterinary partners at provide for a proper exemption we're looking at what the federal government is doing on that instance and also what other states are doing. Erm and schedule four we removed a substance per the dan and schedule six we added two new synthetic cannibanoids and i'm happy to take any further questions replaced thank you miss chair I want to thank you all for. Really listen into the veterinarians in the state of arkansas there was a lot of cattlemen and veterinarians it was seriously concerned about their sonner publicly thank you for listening and and pulling it down so thank you thank you represented advice and we want to make sure that everyone understands that we're trying to prohibit the elicit use of their substance and not the list it use and will be working with our partners to ensure that done replacement boy. Center boy sorry. Thank you so. I appreciate you listening to veterinarians but really could you give me a little bit of a what the concern is I mean like this is a very dangerous drug and it seems like if you're going to have ready access to the public is in danger so I guess i'm yeah we have other drugs that are dangerous the world works just fine when their controlled so could you give me some understanding of what the argument was certainly we are looked at scheduling it in scheduled three to provide for more record keeping and a but we didn't have the particular exemption that's add needed for the veterinary associations and then in the veterinary stakeholders so what we're trying to do is strike that balance between the law enforcement needs and the legitimate use of the drug and so to the extent that it is a problem right now in our region you know if we need to we can do an emergency rule and there have been a law enforcement app documents issued at to warn people that this is this is a an issue region but as far as you know the the crime lab and the other law enforcement officials they understand or need to balance the legitimate use to so we're we're working with everybody to ensure that our law enforcement stakeholders are included in the conversation and what best works for arkansas we're looking at other states some states have scheduled it a scheduled wine which is an essential ban on the substance some states have scheduled three so that's at why we looked at schedule at three but we got to make sure that we have the the language just right. It said urban so I can just speak a little bit to that and I do appreciate your pulling that down it's one of the center avoid i'll have the veterinarians get with you but it's mainly for large animal I believe and so it's one of the few drugs that they can utilize actually for large animal particularly for cattle and horses anyway my daughters and veterinary in school and so she chief and called me about it so but but and I know it's it's a direct that they use quite often for for horses and cattle in particularly out in the field so yes I can get more information to you but it was a very well far out argument on our behalf as to why they still need it access to the stroke thank you. How do you see a plane out you said you're I keep working with the you know key players you think you'll be back with this role or a best of you work through legislative layer just get agreement in our. Between the parties and be able to move on or how do you see a plane out the future we should be able to reach a compromise soon and we have the draft language in process and we have to go through our obtain of command to get the approvals on the proposed draft language erm we have all the research and all the language ready but we've got a meet with all the stake holders to make sure that we have all of our ducks in a row but it should be in the next couple of months and to the extent if we see it a huge increase on the law enforcement side we can always bring an emergency rule if necessary but as you know we have to update the control substances list every year so it's pretty much an ongoing process we have a new revision a new control substances less pretty much every six months so you'll be bring about a new rule just specific to this one issue then you think necessary but otherwise it would just go through the regular promulgation process and pretty much on a six month cycle at this point you do okay the other questions members. And we sign up in the public four against without objections rule is reviewed and approved and we're on our two rules pertain state board of sanitarians. The last three rules under eight because DF from the state board of sanitarians these are our occupational licenser additions to our rules as particularly act one thirty seven of twenty twenty three are dealing with the military amendments and also act four fifty seven of twenty twenty three providing for automatic license out of state licensees and i'm happy to take any questions. The. Air questions on that role member. Nobody signed up speak for against the reviewed and approved then. Said the time. Septic tankers undersea these are the same amendments as referred to before with act one thirty seven and at four fifty seven of twenty twenty three and am happy to take any questions questions members. No way from the public foregans so with the objections rules reviewed and proved and then water operating licensing our final rule before you today are the same occupational license. Amendments under a four fifty seven and one thirty seven of twenty twenty three and i'm happy to take any questions questions members see fifty three is going to be representative johnson okay thank you mister chairman she will be real brief water operators in this context are. The individuals that operate for example the treatment facility for rural water authority yes sir it's not this is nothing to do with the the engineering in the evening something related to perk testing for per separate thanks for anything this is strictly limited to those a more column pair of professionals are professionals that operate the the treatment plant for these four in this case rural after once i'm concerned where the rural water with permission at the chair I do have my subject matter expert we have a branch to from a refirm in the health his name is terry paul and he should be able to answer any specific questions that you have yesterday's role covers all our heaps for record out of she dear but if you would please to paul department of health and environmental help chief this disrule actually covers all our water operators including like caw everybody everybody yesterday but i'm more concerned about the the more rural ones that all that but but that's it's strictly limited to the answer and and answers my question thank you mister paul thank you thank you mister chairman thank you so just educate me real quick on this is on the this is on the drinking water side but when it comes to like the operation of these plants out there that are in you know discharging receiving sewage discharging them and that water grows out you know into a public stream is touched by this rule at all or that totally different. No sir that's under the apartment of a division of invermental quality they actually manage and permit discharge from municipal in all commercial type treatment plants but you permit you permit strictly the the water side of it by drinking water side yes sir so what happens when like eighty q maybe has permitted a treatment facility that's discharging treated water out in two the public streams and say it gets into that stream that's going to go in directly into like cw or or some other water supply and there's a question of whether or not that that has come out of that discharge system is really being regulated the way it ought to be regulated so that we know that the water coming out of it that's getting mixed in the water system. Is is is actually okay who steps in and has the authority to stop the process if there's a question. Let me let me answer the question like this of our may are engineering group keeps records on all discharge points that add here proves as well as all entry points for public water supplies. And if there is an upset anywhere along the way they are aware of it and are all operators and unfortunately our fortunately there are situations that occur where there are discharges of streamed it may not meet to requirements but at that time we generally are notified and I want to say we are notified and at many times a downstream facility will be made aware to make sure that there's plenty of treatment to handle any organic loads that may be a little different and it's very similar to floods. Okay I love cannot subject a little bit but i'm trying to keep it going on a question will go back sinner johnson. So if you as department health determine that there's an adverse effect because what's being caused in another agencies permitting lack of permitting failure to enforce permit. How do you resolve that when two agencies may have a discrepancy. I'm not an engineer but what we are enforcing the the clean or the safe drinking water act so it's incumbent upon us to work with the equ to make sure those issues are taken care of typically they will offer in this little bit out of my warehouse but they will typically you have noticed to that waste water authority whoever that he has worth of the city or local situation to get in compliance and they'll go through their compliance procedures to get that one in line. Said your junction thank you mister german and now. Mister paul the chairman are probably thinking about the same situation that happens to me in my district but he is helped do some research on it we discovered and will say allegedly because i'm never looked at it myself but allegedly uh at the head permitted a situation where they flew it would in their permit was downstream from the well of a rural water authority and I was told by all the residents that that's just factually incorrect it was actually upstream from one of these walls and so obviously there's potential for contamination which chairman I think that's the one you know we're both thinking about but I think what the chairman saying i'm not putting words in his math but that we want to make sure that this doesn't fall through the cracks between the help departments regulator authority and the accused regular tour authority. Yes sir II do know what you're referring to I do know that the geological studies and the geologist from our department met the requirements of of what we have to look at I think it is clear that that one was upgrade but the stream I believe is something like a thousand feet away from one of those what okay called long as you'll are on it and please keep us informed thank you thank you membership the other questions like for glad to do that any questions. No letting sign up speak for guests from the public show without objectiveness rules reviewed and approved thank you. Alright we've got to department of human services. Kenny operation. Mitter ouschief staff good morning mary franklin director of the division of county operations for DHS. This first rule is related to the snap program and resource limit changes. We are moving the resource limits to an appendix so that we can implement changes more rapidly when they are given to us by usda food and nutrition service there are some some other things that were updating in this rule including adding that able accounts are an excluded resource for determining eligibility for snap and also clarifying that cash on hand includes cash in electronic apps like cash and approve in mower multiple others that it is still accountable as a resource and we are also updating based on some fines guidance that when someone declares that they have resources that would exceed the snapper source limit we will still request a verification and make that determination rather than just denying based on the declaration and if they not return that information then the denial would be for failure to provide information and there's also some clarification in here that. Lottery and gambling winnings that exted are equal to the resource limit for age disabled houses have to be reported regarded regardless of your other reporting requirements so that we can review an apply appropriate program rules to those types of wainings this is the permanent rule following an emergency promotion. We did not have this resource change done in a timely manner. And so this this permanently will resolve that problem because this these resource limits will be an appendix now and I wanted the body to know that we have identified a about eighty two individuals that might possibly have qualified had we done this on time and we are making efforts now to reach those eighty two individuals to get what we need so that we can get their benefits of their eligibility determined correctly in then issue benefits should they qualify for those benefits and to help avoid this problem in the future we have done some restructuring and doing more tracking to help us prevent this type of error in the future be happy to take any questions represent what you misread to appreciate you doing that is there a way that maybe if they're in our district we could find out so we can reach out to those people in our districts and item now. Um. As long as our as long as that are a privacy officer is all right with that we are glad to have the hell thank you. Yeah. Any other questions is going to be represented richardson thank you mister chair over here to your left the associated the fiscal impact is going to be fifty thousand dollars on county operations or to implement this in and nobody said anything you see that being an issue for. For those areas no sir. The. Thank you. Yeah. And i'm thinking of a situation occurred that somebody got a I think of they were ssi and they got a cost to living raise or there was an adjustment made at the federal level that affected their association come which subsequently put them over the limit in order to be able to receive the step benefits. So. I guess my question is. That that that little bit of increase that they got actually knocked them out of greater benefits than had they stayed where they were when the fed made that adjustment to their income level inflationary adjustment I think is what it was attributed to. We're not having control over that do we because actually that put that person in the red as far as what it takes for them to survive within their household and it's it's a very legitimate situation it's not something abuse in the situation situation we do we have any control in that or we're just set the mercy of when it happens. They find out. So you're you're correct I mean we don't have any control over the income limit set for the snap program in the increasing site income could cause people to be over the limit for us to be able to issue them a snap benefit I will say that people who receive ssr as far as assets go we not have to count their assets but we do have to count count their income and use it with the rules allow deductions that are allowable and then see if they meet qualifications to actually receive a snap benefit per month but I will check someone who has assistant is either aged or disabled and they are eligible for a medical deduction if they spend more than thirty five dollars a month on a medical expenses out of pocket and we also look at shelter expenses if there were happened to me any charger expenses or child support being paid out those are all things that we look at and can use to reduce countable income but after all of that if the council income is too high for them to receive it snow benefit then they would not receive a benefit. Okay the ssi income because it's sa income counts against them or is it factored into their income level it is counted as income and then is factored into the eligibility determination to see if they can receive snap benefits okay we'll lord mcdonalds was very helpful on this but i'll let me do your file up now we had this conversation all questions from members. Are then no public comment without objection as well as reviewed and approved and we signed up speak for against okay next one this next rule is related to the transitional employment assistance and work pays programs funded by tanner. And it is pursuing to act sixty two sixty six in act eight thirty two of the twenty twenty three session and this act we are reducing the time limit from twenty four months to twelve months in both of those programs programs as required by the act. Happy to take any questions any questions for me. The. Always sad up speaker for against in public with objections rules reviewed approved thank you thank all right and we are DHS division developmental dispillatory services. The. The. And good morning if you were named hell for the record please. Good morning most of whether ten medicaid specialty populations. I'm here today on behalf of dds on two different rules so I am ten a the community and employment support agency provider standards just to give a little background I pass program is made up of three primary provider types this is one of those provider types they have night had a license or manual in place officially since we watched the past erm I know mini bill have heard me talk about the history on that we thought that the pass was going to be able to deal and startification for our past providers so I went ahead in sunset that me and your before we launched the past and then thinks changed and they are not doing that function for us they do a credentialing type function so we have been doing work around for a quite some time and this is to formally put the certification me in your back in place it max what is in the approved community and employee employment support waiver. Happy to take any questions. They member saving questions. I'll try read through some of the comments from the provider groups what just give me the summary of what the reaction to the provider groups have got impacted by this was. I will say that told me to believe who is the interim director of dds spent an enormous amount of time erm working through these roles with are affected providers um they were in a hundred percent agreement with everything beyond as you can see they're not here opposing them they're in support of putting the rules in place one of the primary concerns was around just the logistics of how we do risk risk based assessments in how they play into that another sticking point for them was we put some language in the certifications around transitioning we have a issues across all of our medicaid provider types with them letting us know they're unable to serve erm and then not going to get them from a hospital or from a psychiatric placement because they like they can't serve so we're putting some structure requirements in this manual about transitioning our clients appropriately so that they are not left in a health and safety situation I had any questions for members. All right nobody from the public here to sign up speak for against them without objections as rules reviewed and approved and. Developmental screening sir so on ten b so we operate programs under medicaid called early intervention day treatment we serve a very large amount of children in these programs it's met it's a medicaid only payable service it's not educational based it takes care of children primarily birth to age sex during the day they have to receive otp speech nursing and they've received a service called day her bill in twenty eighteen we inserted a requirement a gate keep her type function where we have been paying often as a third party vendor to perform a developmental screen to try to get another set of eyes on these children in the see their delays rather than just letting the provider themselves do all of that work so now and they have to have a developmental screen before the eighty t can do a more comprehensive developmental testing and it was really just like I said a gatekeeper type function because this is a very highly utilized medicaid service we no longer need to pay option to do that but tell developmental screen for us because beginning on january one medicate began paying pcps to do developmental screens on old children on medicaid so we would be double paying so this is just two and clarified that we are no longer going to be using that third party vendor and we need to change that language in several documents so that's what's before you today. The. It's going to be. The. Representative cabinet thank you you know my ears parked up when you said did not need to use a vendor so thank you mister chair so does that mean that when we look at our optimum contract we're going to be reducing that one yes ma'am will there be more a reduced reductions to it are there other areas that will be similar or is this just can be the biggest one this will be the biggest one that comes before you but we are looking at some other screens our services and assessments they do and seeing how we can minimize them okay thank you so much to know what so the amount of the reduction in their contractors how much I think it's one point five million annually to have them quit doing the but tell screens for us okay was that federal funds it was a mixture of the one point five is that that the total or what portion that's a state that was total computable okay and as far as the cause that the is going to be incurred because the pcpe i'm great with doing the evaluations assessment that is that can we cover hundred percent by medicaid funds in you should. So the impact of your budgets were i'm going yeah it'll it's still going to hit the medicaid budget issues and a match more cost effective way to do this. I will say we did cost projections and elizabeth pitments here we did cost projections for doing screens three screens over the course of three years for all tolerant on medicaid in that came before you in january and I cannot remember what that's hold cost and wears but for this we've added a fourth screen and i'll tell you the this cost for the fourth screen I believe it is. I know they think this for screen is costing us around a hundred thousand dollars more anyone told my match the classes on there. Good morning elizabeth pittman director for division of medical services will get either total senator hammer the costs are eight dollars and eighty cents per screen for the physician to do that which is considerably less than the cost we pay for a screen by optus and that's matched at the same federal rate that we get for all medicaid services okay and so one of my question may be this was current public health and missed it forgot slips and sent but they they accessibility to the pcps to do the screening based on the volume of people they're going to need to be seen what's the reality of access to the pcp so that there's not up a slow down if I remember right maybe not in this area but optims been criticized before because of being able to get assessments done in other areas I just want to know as far as the impact to the public shifting back to pcps and the accessibility and the reception of the pcps to do it based on what they're being compensated is the equivalent fair are we taking advantage of. Prior to you implementing this rule i'm sure they would like to be paid more but they were unhappy with the role overall in the rate that we were providing I believe it was the recommended rate it was and it was at the rate although eight dollars in change sounds low is very consistent with our surrounding states and so they were they were good with the rate i'll stay on the access issue I mean that has been right up by the ettit providers right because I mean we do know that we are still experiencing some backlog in some areas with with seeing children rate in just it's being scheduled out further then it was probably precovered but we are doing an extensive amount of pcp training right now through our vendor AC um we have at this point trying to hundred it's a pcps um on the importance of getting these children and quickly in doing not only doing it about more screen but doing like a for well check rate because we really believe that this is going to put them control back into the pcp's hands which they wanted they want to be able to see all the services their patience are getting in and they weren't really having that visibility with us using a third party bender so they they actually when we did the rule on eighteen we're interested in doing this for us then and but we were taking baby steps or most at some point to just say it lately because we were getting so much pushed back in eighteen for even inserting a screen so it was a compromise we came up with of we were going to pay optem and insurer are very quick turnaround so this has been kind of in the works for many many years said the pcps are excited about it too quick question about senator this is cave along the integrated care model is what we're talking about where it gets the pcp back and the center of the conversation instead of being on the. On the on the edge and when we say pcp and who can do the screening are we talking about actual empty doctor or delegated to any primary care provider under medicaid so that would include an md and apr and I believe in no I don't know about in june of pace can be that but that would include the clinical nurse specialists that will be allowed in june okay said. Thank you I appreciate the rule I think it's a good star just for perspective the the rate is eight dollars then white eighty c n as that's a supplemental payment on top of the evaluation of management payment that they receive okay so so this is going through that with me I just want members to understand like what how long do you think that it would takes to do a screening it's not a very long tool as my understanding is about no and I wish in a strong was here she is we only been having the pcp calls there's there's several and clinics that do there's on an ipod and send the screen to their parents before they even walk in the door to it's almost a self assessment and then the doctor would comment and or the aprn and look through the results and then say okay he's not sitting up can we see if he can set up rate and go through just like the areas of concern and so we've have a water discussion about who can perform this if they come in can a nurse perform this and then be reviewed when the pediatrician or the doctor that appearing comes in to the ram afterwards and we believe that they can because they are doing it so we're looking at ways with them once in how we could maybe not realize our doctor's right for this so heavily because we know that they have not I think my point in the reason I asked the question my point is. You know these are very very important screenings invite I mean i've been contacted you know from folks wanting to add more of neurological tight screens and and considering those but my point is I mean and this is an add on so this is that this is not what they get paid for the entire patient and counter. But my point again is it's eight dollars and eighty cents for something that's really really really critical and important for the development of that child and so how much did you pay for your haircuts. Just like I remember think that through that so i'm just making my plague because at some point if you want access you're going to have to we we are going to have to continue to understand and we're doing market rate adjustments across the board here in the state of arkansas government and that's appropriate but we also have to pay attention and you are doing that and i'm not I really really appreciate this move but I do think it's really important that we just look very critically at like where we want to move the needle and health care where we need to be intentional about focusing and what kind of results that we need and what we want and making those adjustments from sign no yellow doing and they are they're doing this sale I apologies so much for that so I just i'm saying this on the benefit of the members here because it's a process that we need to do in medicaid in your are doing it responsibly but then sometimes we've got to spend a little bit more money in order to get the results that we need and why it's that's going to be beneficial for the people of the state of arkansas and so I hope everybody will keep that in mind as we move forward it is important that we spend this money in medicaid appropriately so that we can be most effective with it so I just thank you mister chair for the latter two for making those comments that are really appreciated all the work you guys are doing in that arena I really really do I just want them to understand why it's necessary thank you. Just so curiosity and will get it get it out of here the eight dollars and eighty cents paid to the pcp to do that screening what was optime getting paid incomparable cost. It was a light and we get let me go back and pull it. It was nowhere now we're near eight dollars so so the point yes there you know at point eight we just paid after him a big contract price greater than what we're going to pay our pcp's at eight dollars and eighty cents I think that really hard to be looked at because that's not right and maybe it's a lesson learned and I know this has been up topic over several years for those that had been around here for a while but that's not right and maybe we ought to revisit that eight hour and eighty cent rate if we're gonna ask them to do same work we just pay the third party vendor that were let go. That means to be locked at is what i'm asking for yes and thank you all right any any other questions for members. Nobody in the public signed up speak four against so and I would like to know what that radios would you get that information when you do the breakdown so the membership can have a comparison between the eight eighty and what option was get paid that would be helpful and other areas of discussion in the legislature I think then without objection this rules reviewed and approved and you send an information staff they'll send it out to the committee yes sir thank you very much department of human services we have medical services at you yes there an elizabeth pittman division of medical services this rule is the provider refunds in primary care provider qualification rule it does two things the first is it clarifies how we do provide a refund of a provider of this money and they can call us and set up a repayment plan with our financial vendor which right now is gain well or we can take it out of their future payments and our system actually does cap that at a certain percentage of future payments because we want to make sure people can still operate and and that is a clarification that's already in practice and then the other piece came out of an audit from the federal government and called the prime it's called the permanent and i'm not sure what that stands for but basically what the audit said was that we had to list the the performing provider on the claim in for certain clinics in particular you ams a hecks and some other clinics fhes we had not required that i'm so this will change as that it does require that those individual clinics and do it lists to the individual rendering provider on the claim umm it does not have a financial impact we received one comments from a managed current city asking if it applied to them it does and so we clarify that i'm happy to take any questions about having questions. Nobody from the public scientists big for gansis rule will be with objection reviewed and approved thank you welcome alright I think we're delabored licensing. Member sites for sticking whether we have very long agenda today thanks for sticking with it. The. The. The morning all in a few word name entitled for the record you can proceed with your rule on page seventy two of our packet members thank you and lacy curtiner council for the department of labor in licensing. Roughheads and director of labor department labor in life scene. You'll go ahead please mister chairman members good morning it is still morning so we're good this is pretty straightforward changes stylistic changes to come into compliance with the code of arkansas rules there was one definition that we just put together to have what I am beginning to make sure that it was a clean definition and then the last thing was and maybe the only subsidies you know that it's at subsentive is to come into accepting the new astmal some of you may remember toddled american society for testing and materials and it just brings us briefly amusement right inspection up to the the industry standards cross country. I really straight board with chairman alright thank you in question members. The. Senator english. Today then again is this is this the the testing like they do down in camden for. Like either rock down or the say you does they may use the certain parts of the astm to to do those but that doesn't that's not the music right section that you know someone who these people do. Arac inspectors are amusement right inspectors so carnivals robin writes springs those parks these inspectors go out and ensure that that the equipment and word the non destructive testing all that stuff complies with the s and we just brought it up to the current street structured testing thing that i'm that i'm hearing with the right and it would apply over there senator sure I thank you this man. All right any questions for members. The. No way from the public signed for against speak for the answer to them with objections rules reviewed approved thank you thank you committee you welcome all right labor licensing electrical examiners. Page seventy three members. The. More if you would name retail for the recorder good morning lensimore director of code enforcement okay coherential. Good morning we're here good amend the rules for the board of electoral examiners to reflect changes vactory eighteen of twenty twenty three expands the scope and type of work that residential journal in a residential managers are registered into masters can do on job sites. And they get questions. And we sign up from the punch speak for against no questions for members and without objections as rule will be reviewed and approved thank you and we're on to. Labor in licensing occupational and professional licensing boards. The. Name entitled for the record please and were on seventy three members. Good morning andrea offered executive director realistic commission good morning. Members proposed new role ten twenty five is responsive to act thirty one of twenty twenty three which created a license exemption. For the employees of a licensed arkansas residential construction company. To qualify for the exemption the licensed arkansas residential construction company whose required to employ a principle broker who will supervise the activities of the unlicensed employees the purpose of this proposed new rule is to allow those principal brokers to request a waiver of certain technical requirements that specifically pertain to the business practices over real estate firm that would most often be owned and operated by the principle broker which differ from those other license residential construction company who has employing a principle broker to serve under the at we held our public hearing on january twenty second and no public comments were received happy to take any questions. Members have a question seat sixty one is going to be. Can't see around the court aleria right since you love. Thank you good morning miss offered arts of so in layman's terms what would be doing here yes our senator love the so act thirty one created a licenser exemption for the unlicensed employees of residential contractors as part of that exemption the law requires that was contractors hire a licensed principle broker who will supervise the activities of specifically the real estate related activities of those unlicensed employees and this rule will allow those principal brokers to not have to comply with certain technical requirements like having their firm name approved or where their signage is placed because they won't actually own. The construction company in some of the cases. Okay. I think i'd I think I understand what we're trying to overtry to do but i'll get off i'll get with you offline just to give clarity okay yes I think thank you mister chair. What she intended to. You want to employ principle broker to supervise you just try to keep the fox out the inhouse kind of deal or what I believe the intent was to. To still insure a level of care and do diligence where the buyer clients of these of these companies are concerned. Okay a questions for members. Nobody from the public here to sign up speak for against so without objection this rule will be considered reviewed thank you members alright we're under e and your packet members. X sixty five of twenty twenty one provider agencies with mechanism repeal rules at the agency as determined not meet the legal definition of rule under the arts or administrative procedure in accordance with the act of artists how public defender commission has submitted a written request which details agencies justification for the repeal that's rule that request is in your pack along with a capital rule to be appealed and so if we get the agency to the table good morning and if you would please go ahead and state your name title for record and your comments please good morning and i'm charlotte bogan and my staff attorney with the arkansas public defender commission. And today we are asking that our minimum standards roll the reports on the basis that it is does not meet the definition of a role in working with the legislative attorneys at blr director of what well charge my bad I just I apologize I mean go hit thank you and work in with the attorneys that blr director greg parish and I came to the conclusion that this particular rule does not meet the definition as it deals with the internal management of our part time full time and part time public defenders as well as appointed council and disraw sets for the minimum qualifications required of all our attorneys. Before there are scientists specific level of keys so it deals with anything from misdemeanors all the way to capital cases and that's what's what kind of experience they should have before it be an assigned to those cases. It also has an appeal process and agreements process for those attorneys we address those processes and our personal handbook that is given to all of our part time and full time public defenders and as well to our appointment counsel and then the last section of this rule as it's failed with the secretary of state's office is the public defender and county contracts this last section is no longer relevant this rules bound in nineteen ninety four at the time we were a county funded public defender in nineteen ninety eight either with a transition and finding so that the public defender is this term became fully funded by the state and that brought us to another realization in reviewing our rules is that our agency was operating in andrew two thousand eight revised version of this rule that and our prior administration that the agency was never filed with the secretary of state's office the amended virgin remove this public defender contract terms section as it deals with county contracts. And with that I opened any questions. Any members having questions. First had a spike bump up against recently passed treats and sentencing legislation adverse affects or any impact on it with regards to what you're asking to do to have this done that your way of necessary okay any questions for members. And then do I have a motion to approve the request to repeal. The motion got a second in questions discussion to motion. Of every car they post. The agency's x sixty five request to repeal is approved thanks for being here today thank you have a good day on f or next item on the agenda will include our imperson update from the department of education on substantial rule making from the twenty twenty one regular session when get the agency to the boarder department to board a table please names and title for the recording all recognized to present. Good morning courtney salis forward chief of staff for the department. Yeah. I did your shorts debit council. This at this rule the decision rule governing professional development was released for public comment period closed at the end of january and we anticipate having received thirty four comments that we need to be re released for public comment and that should happen in very short order. In behavior in questions. Okay very good. The. Okay we're going on to get an membership. From the parameter same story as well go except for its department their dash to repeal the or to be excluded right all right go ahead your name and tell for the record please. Did you feel a department of adult council this is a request to be excluded from the act nine fifty nine reporting requirements is the list that the the bureau had been together of. Acts the required rule making the department can and is complying with the act without the need of a rule and we have to be excluded from for the reporting pursuit to act five ninety five. And questions from members. Do you have a motion to approve the heat request for a collision. Emotional second. A second. Yes I alright thank you a discussion to. Home favor say I posed motion thank you. Second members. Members next is h. We have our submission of march monthly written updates by agencies concerned remaking resulting twenty twenty three regular session updates from your packet you have any questions. The. No objections then we'll file the march monthly written updates. And onto i. The process continued to ruin port group two agencies percent to act seventy one twenty seventeen x six five twenty twenty one it is in this report the agency has indicated those rules it wants to extend and enforce in those if any that it wants to repeal sir committee may act to reject recommendation any agency to extend to appeal role this month subcommittee has before the department park shared each tourism and capital's own district commission and division heritage and vance copy the reports for our next meeting after fiscal session is beside you and your packets today if you have any concerns when encouraging recharge the agency prior to the mean discuss those with the age seat for this part can the personnel from the department come forward to present each other's report and then after the agency presented its role with the initial report will take motion that so first parties are teaching there if you would name entitled for your record police mortarily director the heritage division of portuge and terrorism. Claystone general council for the appointment. Alright you'll go head please for the capital zoning commission we have two sets rules we would ask to hear the day remaining force. The. All right membership having questions. The. All right do have a motion to accept the commission's request keep alright second motion second and discussion to the motion of they were say I posed well she cares thank you. All right you get one more there. The. For the heritage division we have thirty three sets of rules that remain active and we as if they remain in force. And by having questions. No questions can I get a motion you are mostly a second and your second aid discussion to the motion. Also say I post albeit thank you thank you. All right membership that it right for members thanks for being here day thanks for sticking out no further business for the subcommittee where journal.