ALC-Administrative Rules

Members we're gonna get started here in a minute that you take your seats will try to get it going thank you. Ready. Folks we're gonna go ahead and get started here call this meeting to order. You have one report from the executive subcommittee in your packet regarding its approval for an emergency rule do I have a motion to adopt the report. And second got that motion carried are all in favor say aye. Many opposed motion carries the report is adopted. How will someone for fear we have a rule five percent two Arkansas code attend ash three we're on item C. will someone from the agency please come up introduce yourself for the record and present your rule. And FOR the department of agriculture. If you would please introduce yourself and you may present your real. White House counsel for the department of agriculture. Joe fox state forester. Thank you Mr chairman members of the committee this is a rule from the Arkansas state board of registration for foresters and this rule is to comply with the act nine ninety and ACT eight twenty of twenty nineteen A regarding the criminal background checks and the portability of licenses FOR military members and their spouses of the rule also changes the word regulation to rule but that's really about all it does be happy to answer questions. Members we have any questions. Singer questions this rule is approved. Go down the number two. I'm. The department of education division elementary and secondary education. If you would introduce yourself and we'll take them one at a time ABC Indy good morning court and solace Ford for the division the first items are the rules governing student discipline and school safety and these rules were amended to incorporate acts five fifty seven six forty seven oh nine and ten twenty nine of two thousand nineteen they did go out for public comment and received several comments for which we made changes they were also submitted to the state state schools committee for input and revision and we are seeking final review from you all today. Members do we have any questions. And that there are no questions. I'm sorry Representative love. Thank you Mr chair could you could you briefly because I'm not familiar with these rules could you briefly county just give me a little bit about each of those organs sure So previously these were called guidelines in the law and so one of the biggest changes was changing these to rules from guidelines and then adding several of the provisions that are in law into the rules so that they were easily accessible to school districts parents and students we added some definitions particularly around bullying and cyberbullying. definition for harassment and substantial disruption meaning in a win at instruction in the classroom has to stop and suspension and then added. In section five each of the requirements for school district student discipline policies all of the different Conduct that needed to be addressed in their the requirements for parental involvement in developing those policies. In section and later in section five we address suspension and expulsion wind superintendents have discretion when there are minimums and maximums as well as the requirement for alternative methods of participation in education that have to be provided when a student is expelled from. We added a section for corporal punishment for school districts that allow that as well as the prohibition that it not be used for students who are intellectually disabled non ambulatory non verbal or artistic and then section six addresses anti bullying and the requirements for investigation and notification when there are credible reports of bullying in schools. Thank you. Thank you Mr chair. Rep Senator hammer. Thank you I'm just. The these have not actually gone into effect in the school district's ourselves right. They have because the laws became effective in July of twenty nineteen but these rules have not been in effect me at now okay so do you have any data or what that or how do you go about collecting data that would reveal whether these changes are actually having a positive benefit on the educational environment. I don't know how much data we have available school districts are required to report the numbers of suspension expulsions but I don't think anything is required regarding you know like the alternative methods but I can check into that and get that back to you. So where would you go to to find something that could show measureable results that. Things that we passed away of legislation like this to rules like this. Have a measurable outcome good or bad either way. I will have to consult with our and dated team as to what we already collect and then look at what might be available directly from school districts that we can compile for you I'd like to get that please thank you Mr and just kind of follow up on what senator hammer is saying when you respond that were collecting the data that doesn't necessarily mean that you're analyzing the data and making represented making recommendations based upon those assessments effect accurate I will. And I apologize I don't know the code section we are required once a year to do a report to the state board on certain data components that I will have to consult with our team on and then what is done without dated and I would hope that we would at some point not only collect and report but we would say yes for saying measurable differences are no we're not yes Sir thank you Mr chair can a follow up sure reason one that just so you know so you just have a backdrop is I'm getting more more complaints out of teachers that are having trouble controlling the classroom because were invoking laws and rules that are making are trying their hands as far as what they're able to do and they go to all these classes they sit through all these educational things but the reality in classrooms sometimes different than that so that's what I'd like the information so when you go to gather it if you would mind kind of tweak your looking to loot that per that angle please thank you I understand. Any other questions. Saying no further questions without objection is ruling for reviewed and approved item be. Jennifer deadline for the division of elementary and secondary education of this first set of rules college and career readiness planning programs were. Amended to incorporate the changes of ACT ten eighty three of twenty nineteen which changed national school lunch categorical funding to enhance student achievement funding at the definition of college and career readiness assessment section three point oh two was also updated to reflect the definition and statute and I'm happy to take any questions. Members have any questions. And seeing no questions without objection this rule is reviewed and approved by the city these are the rules governing federal program complaint resolution these rules were updated to align the titles the names of the titles in section one point oh three to the names and statute. I'm happy to take any questions. Thank members any questions. Thing no questions without objection this rule is reviewed and approved Adam D. E. at my final set of rules is the parental involvement plans and family and community engagement these rules were updated I had to change a date as required by ACT seven fifty seven of twenty nineteen and I'm happy to take questions. Members any questions. Seeing no question without objection this rule is reviewed and approved thank you. And I think that's all moved to. Item three state board of election commissions to please come to the table. If you would please introduce yourself and you represent your real and wonder on both separately and bay thank you. May it please the committee my name is Chris Madison an attorney for the state board of election commissioners here to present on two rule changes the first rule that we're going to discuss is the rules the county election commissioners training the principal role. Change came about because of act two fifty eight and ACT nine sixty six the rule was also clarified somewhat related to advance training where we take experienced election officials and give them a shorter training to basically what the law changes are and we also change the rules slightly on reimbursement previously we would pay commissioners for training but now we've changes so that not only do they have to the training but tax after work before they get their reimbursement because we were having commissioners gets training drop out new have tire somebody that tires may also pay them get them trying so we're having paid double so that's the change that we made to the rule for election county election commissioners. Members any questions. And seeing no question some without objection this rule is reviewed and approved item be. This is a similar we have a responsibility to train county clerks and poll worker trainers this was also necessary hated by act two fifty eight of twenty nineteen and while we were there we adjusted some minor things in it including the. Discussion of advanced training for county clerks and we also included the. From the. We also expanded it so that larger counties and have the opportunity to have more than two reimbursable trainee X. sessions of the previous rule you can only get reimbursed for to a larger counties like Pulaski washed admin they have thousand poll workers and you can't do that to trainings. Members any questions. Saying no questions without objection this rule is reviewed and approved thank you thank you next item for department of energy and environment. If you would please introduce yourselves and you may present your role. Morning Michael Gruppe department of energy and environment. Good morning William McAlary associate director for the office very quality within the division of our middle quality. Good morning we bring before you rule nineteen in order to. Make the changes necessary to address of the previous law that was passed last year we're changing from a red corolla that's what we're doing. Members any questions. Representative Wardlaw. Mister chair I just wondered is there any legislative intent against this. That's a good question. But no I don't think so we're trying we expect the letter from you guys after this I and there is or in. No Sir thank you Mr. Women. That word you are are are going to provide us with a letter. We are not going to provide you with a letter. Representative Wardlaw you okay with that. Okay. Thank you. Any other questions. And seeing no questions then Without objection this rule is reviewed and approved. Thank you thank you. Adam five department of health selection of emergency medical services. If you would please introduce yourselves and you may present your role thank you Mr chair lar shoe general counsel for the department of health and I'll have my cohorts introduce themselves. Good morning Chrystie Cressy section she for EMS. Morning Greg brown. Oversee the trauma section the stroking stemming system of care emergency medical services and Dissipating the oversight of the covered response from. Thank you Mr chair we're here to present the rules for emergency medical services our proposed changes are and making app dates and clarifying or definitions were also complying with the acts of twenty nineteen to update the licensure requirements under acts four twenty six eight twenty and also to update the requirement to maintain the national certification for EMS providers under ACT nine fifty eight and I have my subject matter experts to assist with any questions. Members anyone have any questions. And saying no. Senator hammer. On the I'm looking on page twenty one of ours and it's it it says surrender of on wanted controlled substances must be in accordance with drug enforcement agency regulations. Could you speak on that one just a second what and when I wonder about is in the case of a hospice situation where their drugs in the home and the death occurs are you familiar with what the requirements are by law as far as how those are to be disposed so I think that this rule is specifically the in with the narcotics that the email service for purchases through their medical director okay if those if those medications expire in the past they would submit those to the health department we would destroy those the D. H. change that rule that they now them to have them to require them to go to eight not submitting to the health department so we just comply with their rules far as the purchases of the narcotics that the medical director. Sir can I go to like a drug Dropbox and get rid of them yet so that they'd be a has ever rules and you're in middle multiple options yes Sir okay thank you thing Mr. Thank you have a seat sixty five. Thank you Mr chair okay My question is. Actually got a couple on this one On page twenty three of our summary agenda if you've got that in front of you you responded to Our bill our staff question number two there is our specific authority for requiring emergency vehicle operators to undergo ten hours of refresher training every two years. And you said no white wire we increasing that or are doing that. That's a great question so just a brief historical to I think it was two or three years ago in we were approached by rule the image services about the restriction of having to require to the employees on an ambulance is so working with them we agreed to certify what we call of ours emergency vehicle operators or in this case first responders basically to be a part of that staffing. Along with that the most association wanted there to be continuing education hours for that certification and so we put that in and that was that the to help them out so all of the hours Have been adjusted in specifically since these individuals don't have and go through emergency vehicle operators courses are driving emergency vehicles they wanted those restrictions to be a little more robust so that when they could have that training and really it's around insurance purposes that those vehicles have to be driven by those who are in to be insured and without having that training their insurance will be much higher and so this was to to kind of meet that rule and help them and in a real communities. Okay then on the same lines on page twenty four. Question number eight and nine what we ask what wire those things being expanded specifically on page ninety two of your rule you have. Include a section that says any nonlicensed person found violating these rules may be prohibited from it obtaining Arkansas state licensure for one year if the person does not contain Arkansas state licensure after one year they will be placed on probation for the first two years licensure period. Almost sounds like it's a I conflicting there if they aren't allowed to get a license for one year and then they're going to be Prohibited or from getting that licenses and then then they'll go on probation if they don't get it within that one here it's kind of a double double hit their. If if I'm not mistaken mistaken Christie can correct me if I'm wrong this was having to deal with those who would otherwise provided medical care without a license. those who work I'd functioning as. We occasionally have folks come in from other states that are licensed that don't secure in Arkansas license. And attempt to practice care. And so what we do is if that happens then there we restrict them from doing any they can't be licensed but once they once they meet whatever objective or whatever training that we require them to do then you know it's not that they are providing poor carriages they want license to provide that care is the wheel well and come back in the license but during those first two years we want to monitor the care that they do provide to make sure that they're not doing the same in other places are outside of their scope of practice I guess the key word in there it says it may be prohibited what what criteria you're going to use like if they if they go through the the steps and become licensed within that to try to get license within that first year. Is it just a hard and fast they're going to be prohibited for that year or. Will allow them to be licensed within that first year if they go through all the it is a follow all the necessary steps and requirements that we would have them to do then we would consider licensing them at that point okay thank you welcome Sir. Signal more questions without objection this rule is reviewed and approved thank you. Item six. The department of health division of health related boards. If you would please introduce yourself and you may present your real. Thank you Mr mat Gilmore department of health. Thank you this is Kenneth young represent the Arkansas state board of acupuncturists and related techniques. Good morning we're here to talk about our proposed rules which are largely to come into compliance with previously passed legislation now I'll one of those real quickly for you it's to add clauses to allow for reciprocal licenses license reinstatement temporary licenses licensure for individuals who come from states that do not licensed. Data prelicense criminal background check and waiver provision. To provide FOR military service member licenses to remove all references to the word regulations. To clarify the required nationally approved examinations to remove obsolete and unnecessary provisions and to add minor edits to the previous rules for clarification. And I'll be happy to take any questions members any questions. Representative love you're recognized thank you Mr chair I'm over here instance so any in your in your rules. I know that the department of health is has been talking with acupuncturists in the massage therapist. Of. At have you all had any any further discussions because they have a practice on cupping and in different. Different issues and I think the acupuncture the acupuncturists did not want them practicing cutting they do not want to practice in a couple of other modalities. Have you all get mystery now. Represent love I know it's been discussed I don't. I'm not the expert on that issue as you know we can get you some information on that but I don't think These rules of the changes they're making address that but I know there was at one point there was discussion with the medical board that sort of thing on that I don't know where we stand on that be honest with you okay we can get you some information that we have if you can give me some information on that thing that ninety five thank you. Members any other questions seeing no questions and without objection this rule is reviewed and approved thank you. Thank you. Item seven department of health. Yeah Mister Dwyer with the medical board to present the rules. Yeah I will go through these one at a time so full start with a Mister Dwyer please introduce yourself for the record. Get or do I represent the Arkansas state medical board the first item is a rule six governing the license of a practice of occupational therapy the changes this rule were to update the rule mainly remove some outdated language and redefine the level see three C. E. requirements. Members any questions. Send your questions without objection this rule is reviewed and approved item be thrill twenty four deals with physician assistants again this was an update specifically the references to accreditation organizations and to change the del at the work protocol to delegation agreement. Members any questions. Fee no questions without objection this rule is reviewed and approved items CD rule thirty seven deals with graduate registered physicians this was changed percent ACT nine nine due to remove good moral character is the required one of the requirements for licensure. To the no longer have to have the. Well we hope. Members any questions besides that one. Thing no questions without objection this rule of reviewed and approved. Adam D. role forty four again this was pursuant to nine ninety ACT nine ninety dealt with pre licensure criminal background checks related to certain felonies and the time that those the time that felonies and other Criminal convictions could be considered. Representing questions. Seeing no question without objection this rule is reviewed and approved thank you thank you may have excused yes. Item eight department of health division of health related boards and commissions. Mister chair we have director John Kirkley in an attorney for the board of sterling Daniel. John mark you would please introduce yourselves and your center rule will go through these one time yes Sir I'm John currently on the director of the state board of pharmacy look Daniel general counsel the state board forms. I we except for rules before you today I'll give a brief review of each one and answer any questions you guys may have rule number one general operations corn ACT eight twenty were adding language in the general operations section to be sure it's applicable to all permit or license types for individuals for expedited licensure for military as well as at nine ninety we are removing some references to get more character intemperate habits. In answering questions on that. Members any questions Senator hammer. Thank you. Under yeah we just deal with this on the physicians were deal with that on the on the pharmacy is now on the pharmacist now I'm just curious as to what do you do along the way of somebody getting their education. If. They do display that they are not of good moral character or is that revealed in whatever rule or whatever expectation they violate in order to get that so generally we do a criminal background check prior to any type of licensure they have so if it is an issue of good moral character we would hope that there be something in a criminal background check we would be able to pinpoint or some other type of unprofessional conduct according to the specific type of permit that they're looking for they're very sings in on professional conduct that are laid out for farm system for other people the the other thing is when you're going in a step wise approach many people will be a pharmacy technician and then attend pharmacy school so they have to get a pharmacy in turn license which we have a a new criminal background check for that and then when they graduate and get their pharmacist license we do a criminal background check at that point and we do from time to time find that something has happened in the intervening period as they are stepping up. So the students are held to the same level of expectation is the pharmacist of actually completed the program yes Sir in fact if we have someone applying to be a student a college of pharmacy to to get their internal license if they have some sort of pre seating history to that generally the board would consider that they would if they would approve it to being in turn they would also prove them to be a pharmacist and if they have something during pharmacy school we work very closely with our college of pharmacy to to address those issues. Or thank you. Would I be pretty accurate in saying that we've taken that good moral character and defined it more tightly in the rag yes Sir I just a generic term we're using absolutely I think it would be very difficult to find something that we would say would be a good moral character issue that didn't have something else tied to it that would tie down better we're gonna hear that term several times up so we'll move pass that question I thank okay members any other questions on a single for the questions without objection reviewed and approved item be in rule to we previously had arms forces certificates for pharmacist language just enroll to since we have moved that language to help apply to everyone visibly to rule one we're removing that and once again removing terms of good moral character intemperate habits in rule to. Members any questions. A no questions without objection this rule for reviewed and approved Adam city in rule three that is a specific role for pharmacy technicians it is removing terms of good moral character intemperate habits in accordance ACT nine ninety. Members any questions seeing no questions without objection this rule of reviewed and approved item D. E. in rule eleven for criminal background checks it is matching up language from ACT nine ninety to remove specific terms change things to wear instead of saying crime to offense issues on those lines and also to define pre licensure criminal background checks to help show people how they can ask about their criminal history before they apply. Members any questions. Thing no questions without objection is rules for reviewed and approved. That's it for the office thank you. We'll go to item nine department of health. If you're more that just you get somebody cow okay. That the the director for the physical therapy we need some help with that I do was I'm not an expert early twenties profession so the word than as the director in addition self and then present your rule thank you and. I'm Nancy more than the executive director of the state board of physical therapy we are amending our rules to comply with the axe three fifteen eight twenty nine ninety four twenty six and ten eleven of twenty nineteen we've also require in our law we now require background checks we've added language for that. We've also joined the physical therapy compact and we added language for that we cleaned up other language just various. Things that need to be cleaned up. And that's it giving members do we have any questions. Seeing no question without objection this rule for reviewed and approved thank you thank you. Health health related boards and commissions audiology. Mister chair I will do this one this is the Arkansas board of examiners in speech language pathology and audiology. they probably to rules back to middle of last year start the process work with very stakeholders presented those to the public health committee last month those were approved they are making changes to a nice licensure for ACT eight twenty they're giving the authority to the boards staff director to issue licenses they're cutting fees as well and that there's a break down of those in the in the packet. They are also adding language to comply with the pre lit pre licensure criminal background check process. we had some comments made we of the. And implement some things there to do with that there was issues with some of the SL PA is that we are working with the association and the and the SLP is across the state to clarify that language so we'll come back with more changes later but this is basically just to implement legislation and cut fees at this time. Members of the questions of Representative Dotson. Thank you Mr chair Matt I just wanna. When can commend you guys on cutting up all these fees look through that and and really appreciate that this was one senator thank you and have any of its it's important to the licensee's. Thank you. Any further questions members. Saying no further questions without objection this rule is reviewed and approved thank you thank you. Members we are going to skip over item eleven due to an agency requests to move on the twelve. Human Services children family. If you would please introduce yourselves you represent your role good morning Christian Harper an assistant director with the division of children and family services more quiet let's leave internal affairs for DHS. All up for review today is specific to private licensed placement agency resource homes more frequently referred to you as P. L. P. a foster homes the rule itself is new the peel PA homes are not new to our system at all however until this point we didn't have any formal guidance and policy for staff regarding the utilization of and referral process to peel PA homes POP A. homes meet the same minimum licensing standards and DCFS policies as foster homes recruited by DCFS and the appeal PA homes we have a little more support to the children and families in those homes because they had a PLP a case manager assigned in addition to the DCFS caseworker and I'll be happy to answer any questions you may have. Members any questions. And seeing no questions without objection this rule is reviewed and approved thank you thank you. Item thirteen department Human Services county operations. Thank you Mr chairman get mark what the DHS and Alanis haste governor's ourselves as well. If you would please introduce yourself. Good morning my name is Christy Hey some with the department of Human Services division of county operations. Thank you Representative row thank you Mr chairman this rule is an amendment to our rules that govern Medicaid eligibility it is it is a very link the rule most of that is just clean up and we're also for example taking some process these out of the rule that don't really belong in the rule the substantive changes in here are we're simply implementing federal law Congress has passed some bills last few years that have made some changes to Medicaid eligibility and so we're just changing our rules to reflect the changes the Congress has made and these relate to things number one is for transitional Medicaid it's changing how that's determined so that it is under what's known as mad job eligibility which is the standards used for Arkansas works and FOR a number of our other categories and also make sure makes changes in how alimony lottery gambling winnings and student loan debt is treated and again we're just following the changes the Congress is made in federal law no that would have a happy answering questions. Members any questions. Representative love. Thank you Mr chair the last part Markham over here. The last part that she said in regards to the two nine given the winnings and how's it going to be treated now it's gonna be a little more strict now the way the law was was that if you want some money either gambling or lottery you lost your eligibility for that month and then for as long as retain that money is kind as a resource against you and so could continue on but if you spent the money you've heard eligibility what this does is changes so that is apportioned over multiple months depending on how much you weigh on. Our what about the student loan debt it's simply saying that if if you have a student loan debt that is forgiven because of disability that is no longer counted as income okay are thank you. Members any other questions. Saying no questions without objection this rule is reviewed and approved thank you thank you. Ron item fourteen. Department of health medical services. Mr chairman this last autumn this is relates to enable in services Medicaid the primary purpose this rule is it is a rate increase as part of the review process we've been doing of the last year so it's an eleven percent increase for ambulance services we also make some other minor changes around how able services operate but the main thrust of this is that rate increase and we have to answering questions. For any questions. Send your questions without objection this rule for reviewed and approved thank you thank you members. A member you can see items fifteen item be in fifteen are also deleted. We'll skip over those brown item sixteen department of labor. Division of occupational professional boards and commissions. If you would please introduce yourselves and you may presenter role. Thank you Mr chairman my name's Denise Oxley I'm general counsel for the department of labor licensing. Fisher button on there. Sorry. Phyllis Jacobson and on the ministry to specialists but the barber board great thank you you may present a rule of thank you Mr chairman members of the committee may the majority of these rule changes except for one require the result of twenty nineteen legislation so we're talking about changing. Regulation to rule making Changing the phrase of teacher manager instruction providing automatic licensure for returning military veterans and their spouses. Making provisions for up to bring provisional licensure. Changing the title of the executive secretary to the of the board to director and complying with at nine ninety with respect to criminal background checks the store doesn't do criminal background checks but a lot of at nine ninety they will now. Make that question in this contains provisions for pre licensure determination in a request for waiver. The one particular rule change that was not addressed are required by legislation deals with the requirement to for the shop to post the last inspection report in the shop of along with a license and that was not required by legislation members any questions. And seeing no questions without objection this rule is reviewed and approved thank you thank you. Item seventeen department of labor. To the socks the I'll be here for this rule also Sir. Good morning on Aaron Howard the director of the manufacturing commission. You may proceed. The service morning representing changes to the rules including general solution occur specifications in accordance with the twin nineteen legislation legislative session the only exception to that would be section four oh four four consumer complaints and we're updating that to ensure consumers have more opportunity to file complaints to better protect Arkansas consumers and we'll take any questions. Senator hammer thank you is this dealing with the securing. Of the of manufactured home for the purposes of getting like a FHA approved loan. The anchoring system FHA have their own specifications that that the this to the lender they they require those we have with this is just to. More in line with the federal construction safety standards okay so this doesn't interfere with anything that's were required of a homeowner that you know purchases like a double wide and comes in once you get it anchored down to be able to make it approval for an FHA loan it would not interfere at all okay thank you. Members any further questions seeing no question without objection is ruthless reviewed and approved thank you thank you. We are on item eighteen department of transformation. You may introduce yourselves please and you may proceed good morning my name is shall be Johnson I served as the director of the Arkansas geographic information systems office my name is Daniel Phillips US state surveyor division of land surveys. Representative. The a sense of practice number one is the only rule for the division of land surveys it primarily gads the professional surveyors and Arkansas and it prescribes the required elements that are required to be on the survey Platt and then it guides and provide some of the gods regard to regarding the practice of rules been around since the early eighties it's been revised minimally over time in most of those revisions over time of been a function of the technology as technology is changing the level of precision that the practice is able to provide now and if there are any specific questions all. Referred to Daniel to provide specifics. Members any questions Senator hammer. Thank you Mr chair a couple of comments or from a constituent of mine who's the county surveyor number two number four appropriate questions about that so would you mind just to give me the brief summary of what to sell about. Comments to comment to okay I don't have the common comments with me can you refresh me what those are. From one give them a copy. Weather get a let me read for state time there's a lack of clarity in the proposed basis for direction language in Ford up one DOT A dot nine that small a double I when the basis of directions derive from the Arkansas coordinate. Arkansas coordinate system identified as a geodetic and or greeted the year system gesture be shown with notification notation specifying the graphic location. yes we put a lot of time into raw review in that comment and he was correct and and it did needed to be looked at again and the. We met with I met with the lancer advisory board and we. Develop the clear language for for that requirement and in that is in the proposed rule okay and then down a number for. It is unclear whether the current standards require the record description or the measure description to be shown on the plat. Yes we we looked at that discuss that in detail with the lancer rated the of the plants are advisory board also and it was determined that we should make it a a hard requirement to require either the measured or the record description of it we leave that to professional judgment because it there are some instances where it's more appropriate to list one or the other. Okay part thank you. Members any further questions seeing no question without objection is rules reviewed and approved thank you. Thank you. Members were moving down to D. agency updates to the court rule making. We have a buy here the department of agriculture to address that. Wait Hodges counsel for the department of agriculture. Thank you Mr chairman members of the committee this of course concerns ACT five oh one of twenty nineteen which required the director of the bureau of standards promulgate rules regarding the labeling of certain food products and as I've been reporting to you monthly just days before that act was to go into effect a lawsuit was filed in federal court seeking to enjoin the enforcement of that act federal court did issue a preliminary injunction of the initial scheduling order had the matter to be set for trial in this November the court recently issued its final scheduling order in the trial of that matter has been moved to February of twenty twenty one so we will remain under the injunction until at least that point. Thank you. The members the department you have read the letters in her testimony the last several months at the agency rule making has been delayed by litigation which is not currently set when I've been currently set for trial given that the status updates are not going to change the next few months I would entertain a motion that going forward beginning at the next meeting the administrative rule subcommittee and ending at the appropriate time that the subcommittee except a letter from the agency to constitute its appearance of the words of no use them coming time and time again just to update us so I'll entertain a motion to provide that we have that motion second. We have that all in favor say aye. Approved opposed. Thank you motion passes thank you. By the department of commerce. Thank you Mr chairman ran with the Arkansas insurance department department commerce we have to rules which are on the delinquent west are to ax ax six ninety eight which is a travel insurance ACT we have completed department rulemaking procedures it will be up for review of for a final rule in front of this committee in September ACT eight twenty three establishes the Arkansas firefighter cancer relief network trust fund we've had a public hearing on that and have developed a rule final rule for that that will be from this committee the next calendar meeting so we have completed our rulemaking and just waiting on a presenting the rules from your committee next current members seven questions. Then we have been updated thank you. And number three department of education elementary and secondary. Good morning Laurie free no division of elementary and secondary Education Act six forty relates to our student discipline and safety. Rules which miss house for presented to this body today and which is body approved I'm assuming it gets through a LC on Friday they'll be filed with secretary state should be in effect by the end of the month. Thank you for the update members any questions. I thank thank you. Item four department of finance. Good morning Mr chair Paul gearing Arkansas department of finance administration. We I'm here to provide an update on the status of promulgation of rule four car wash operators I pursued ACT eight twenty two of twenty nineteen DFA has completed the rule process we had our public hearing on July the seventh and that we have requested this matter be heard by the the subcommittee at the next available meeting correct but for the update members any questions. Thank you and thank you for the update thank you Mr chair of the department of health. March two general counsel thank you Mr chair our update on this delinquent rule for act at two one six of twenty nineteen is that we've ACT help add Representative Pilkington apprised of our rule making process throughout twenty nineteen and twenty twenty and we had a public hearing in August first our actually public hearing after the August first board of health approval we had our public hearing and public comment period expire in October of twenty nineteen we received a public comment that we felt that required a material change to our rules so we had the board of health approved revised rule in and April of twenty twenty it is currently proceeding with a renewed process and we're gonna have in another public comment period in August. Add to comply with a PA and so we expected to appear before you in September October of this year. Members any questions. Thank nine thank you for the update. A highway commission. Thank you Mr chair you'll Rogers with the Arkansas department of transportation FOR the Arkansas highway commission this has to do with the autonomous vehicles pilot program rules the public comment period for those rules expired last Monday and we expect them to be before this body in September okay members any questions. Saying nine thank you for the update thank you Mr chair and transformations shared services. The agency Representative scheduled to appear for the department was unable to attend therefore the agency submitted a letter concerning it status update members you have this letter in your packet. Do you have anything you want to add. Members I give you a chance to look over that ask any questions if we have any questions will. I don't see any questions out there. And will consider this letter as the update. Without objection will review this but this letter in the file. Members that concludes our agenda today and you have a comments or questions. Seeing none this meeting is adjourned.