ALC-Administrative Rules

Are the administrative rules subcommittee of legislative council. Which want to remind those that wish to comment on a rule please go ahead and sign in and be sure to be specific on the rule of which you wish to make comments and we'll be taking up those signing sheets. Momentarily. Members item b item see on your agenda there are no reports this month in the executive subcommittee or aoc subcommittee is concerning the reviewer rules who will move to item d on your agenda. That's going to be agency rules will start would be one call the arts of public employers retirement system to the table misfetcher do you hear this morning. Good morning good morning fetcher public retirement system. Laura gilson general council or can tell public retirement system great welcome this morning in the up to present your rules. Thank you these rules are mainly in response to legislation from this past session and clarity on where people were interpreting some of the laws differently so we just wanted to put it into the rules to clarify for people and i'll let laura go through those. They proceed. The. Thank you chair and members of the committee there were a four rules that involved two separate systems that aperton ministers. With respect to public employees we modified rule twenty four car one to thirteen the purpose for this involved drop provisions that referenced a one year marriage period this gives in a few if you would pull that might just a little bit closer The rule previously had referenced a one year marriage period prior to having a spouse be eligible to receive benefits that was changed to six months. Under act two forty seven and twenty twenty three so we change the language to a line with that law and additionally. Cleaned up some of the language that was. In that rule. Are there any questions regarding this room. Members of the questions on one a rule twenty four. See no question for that objection this rule is reviewed and approved i'm two rb excuse me. The second rule amended april three twelve regarding contributions of elected officials. The. In this rule we worked with the architect association of counties to make sure that our rule was clear about when enhanced. Credit was given to elected local officials. And if you have a copy of that rule you can see that we finally figured out the best way to do that was just to put a box in the rule. There are any questions regarding that rule. See no questions without objection to the rules reviewed and approved. The third rule involved purchase of arkansas national guard or armed forces reserve service credit that was april's rule for ten. And in that rule. We. This rule was necessary because of legislative acts that were taken in two thousand nine in two thousand eleven and so we noticed as we were doing rolemaking their we had a rule there was not matching up with laws that had passed in previous sessions so we took this opportunity to go ahead and make those corrections there any questions regarding that rule of members any questions. So you know without objection the rules reviewed and approved. Item d. And then the final change was made to the arch of state police retirement system and this was a repeal of a rule previously rule. Excuse me i'd take that back apra's apers rule for eleven purchase of service authorized by section two of act two ninety five a two thousand nine. Again this was one of those things that we looked at the rule we saw there the language that was in this rule had been an acted interstate law and so having a rule was just simply deplicative of language in the law and that's the reason for the repeal of that rule. Thank you misgives and members any questions on item one d. Roll for eleven. See known with that objection rules reviewed and approved will go to item too on your gender the two are a state police retirement just gives him. Thank you and now we're at at the arkansas state police retirement system in this was aspers board rule fourteen also regarding the deferred retirement option plan and just like we had done in the apers rule regarding the marriage period we made those changes with respect to aspers as well making sure that it was consistent across the board in the law and in the rules that there is a six month marriage period prior to a spouse receiving benefits of that system are there any questions regarding this rule. See no questions without objections rule is reviewed and approved thank you especially misgives him for being here today thank you thanks for going item number three department of agstate plan board of believe mr bray is here this morning. The. Yeah. Gentleman thank you for being here today if you'll identify yourself for the record you may present your rule. Thanks so i'm scott bray i'm the director of the plant industry's division within the artists all department of agriculture calendar balloon program manager at the arkansas department of agriculture thank you these rules here before you today were a result of act five sixty five the arkansas industrial him production act in the department are hamp program originally was established by the arkansas act of twenty seventeen it started out as a research program. And in twenty twenty one at five sixty five repeal that and basically transitions the program from research to commercial production these rules are just simply to facilitate our program through that transition and I have any questions will be glad to answer. There was any questions on item three. I've seen thirty one. The. St chest field bing how are you and thank you so much mr cheerful allowing me to ask a question as I am not a member of the community. As we deal with the hamp issue there seems to be some. That care me between what federal rules every say about it and what we have a legislature could you speak to that brief of the ram off topic. Um. Called you on a take out yeah so we do have a steady hand back in the fact the hemp production act of twenty twenty one which is what these rules were promulgated and the rules do me federal laid out by the usda the thirty day harvest window stuff like that that will now come downstream to arkansas growers when was the lawsuit on about. The last two is currently ongoing and it deals with end products in the program at the department of agriculture is very driving on the planet and it's parts and growing the plant storing the plant processing the planet in the program but that basically means you can possess the hand flower to process the hand flower into an end product but the hint production active twenty twenty one is says we cannot regulate the processing methodologies of hamp processors in our program. Does that answer your questions now is okay in products that act I think it's six twenty nine speaks of these are products that have exited our program that we have no regulator at the one year old son. Oh. About i'll get back with you when perhaps my question is more. Conducive to an answer that i'm trying to figure out what why are people selling. Us because of the rules and rigs that we have made concerning here. You don't know no ma'am okay thank you sender hammer you're recognized. Thank you miss share welcome to porn german one reader statement and ask questions out of the comments I believe says therefore we believe the proposed language and section either the hold real reference in cost recovery instead of fees were more clearly indicate the amount charged applicants and licensees are to recover the call should administrating the program. What's the justification rationale or how do we handle if somebody says that the cost is greater maybe to one than to other hours all that handled if we're not going to call the fee but we're going to attach it to a different term help me understand how that balances. Sooner if I understand your question correctly. The cost recovery aspect of the rule is is our attempt to cover the cost of our department to to implement it as closely as possible as we can we as we can foresee participation in the program if at some point the program calls the department more to conduct then what the cost recovery is bringing in I think that's a discussion for the secretary to determine how how do we proceed to we continue to cover the cost and continue to operate the program or do we come back to the legislature and make a rule adjustment but at that time you know that it would just be a decision for the secretary I believe at that time I at this time I think we anticipate that. This cost recovery aspect should come very close to at least breaking us even as for funding that it cost for my share. Great thank you and i'm straight away the. So if the cost recovery. Becomes. A financial burden to you. Then that's going to come out a year appropriate budget correct. Yes sir I think it wouldn't. And what what is it currently what you're estimated cost right now recovery. The. You haven't had that can apologize I don't have that front of me because it might be on the speak for that I actually don't have the financials in front of me we can get those for yet. I'd appreciate that because i'm just looking in the future if if you have two take money out of your appropriation in order to do this that's going to take away from other areas of need with your agency I don't I don't think there'd be a fair standard that other areas of the agents who would have to be paying the caused affiliated with administration three hundred percent senator and my thinking personally is at any point we identify we're going there I am sure it's sector he will ask us to consider revising this calls recovery rule and and bring it back to you off. Tech are like you represent a board lawyer recognized for questions thank you mister chair has said here yesterday in personnel and less than agency after agency tell me they didn't know where to cost come from me and know what the cost was. I will make it clear. I thought it was clear the minutes ago and i've done this numerous at times in these communities. Don't come here with a rule not come here with an ask if you can't give us the financials and you can't give us the information. We are the people we are left about people represent the people and we are here to make decisions and we can't make decisions if you guys don't shan sunshine on this stuff and give us the information that we're asking for mr i'll make a motion that we hold this role until you can come to this committee and give the information that is valid in the vaguable for us to make a decision on his rule it's probably motion you discussion on the motion see a second although the favorite I was named most of carries gentlemen we're going to hold this. Ask you to please bring that information back thank you and they'll be next month that at the scheduled rules meeting thank you before being here today we'll go then item deformer department commerce. Good morning ladies and fuel identify yourself for the record you may present your rule my name is a mandate gibson and managing attorney at the insurance department and attorney for the board alice and hatfield cheaper staff department of commerce good morning you may proceed yes and the board is proposing at some amendments that really improve the rule in a few ways and first much of the language in the road is modernized seconds there are some key provisions and the role at which clarified these clarifications include a list of the required tasks that need to be performed to meet the proper maintenance standard and not so defining more broadly the documents that be that can be considered to be a quite convenient deed and also the process for how barrel plots are are conveyed to purchasers third the provisions further reduce the burden on small businesses and that ten paper copies of the applications are no longer required to be submitted at the board for consideration and then finally in those instances were ownership of the cemetery will be transferred to a new owner about the new owner and it's a member of the same family that fifteen hundred dollar application fee for that transfer is no longer required when that's him terry stays in the family and I will be happy to answer any questions members any questions on this rule. See no questions without objection to rules reviewed and approved thank you for being here today go to item d five department corrections. You'll identify yourself for the recommend procedure rule. Thank you mister chairman members of the committee lensy wireless cheaper staff at the department of corrections i'm here this morning to present the final version of the proposed rule on payment of a death benefit following the death of one of our correctional officers in february of twenty two we saw legislation that would allow us to establish a death benefit should one of our bossy employees and pass away due to their job responsibilities so this proposal outlines procedures in which a death in if it could be paid shouldn't employee pass away as a result of the performance of their official job duties subject to approval of the border corrections the secretary of corrections may authorize payment of a death benefit of up to five thousand dollars from special revenues about the department. There is a proposed or there is a fiscal impact for this it's hard to quantify that because it's contingent upon circumstances that we have no way of knowing any payment would be contended upon an employee passing away request being received and approved and availability of funds it is payable out of special revenues as I mentioned and for background information since transformation we've only had one employee sergeant card who passed away in the line of performance of his duties and he was actually paid through the class to payment of a death benefit we did not receive any public comments on this nor any request to hold a public hearing and with that i'll take any questions you may have. Members any questions. Sender hammer you're recognized thank you can you tell me in the account that this will be paid out of is there a current balance I don't know the balance on the special revenue accounts but we've identified and work released fines which money comes and from our work release facilities and also telephone plans which is from the telephone use of the offenders and then the community corrections division has a special revenue account and that I don't know the event the amount of funds on that that can get those for user and hasn't this been at five thousand historically how long is this been at five thousand so i'm not sure with classes it familiar with that but it was payable for five thousand disargent call dell and this is up to five thousand so I don't know if the border correction should something come of theirs they approve a five thousand if it would be less i'd like to ask that you get that information to the chairs to be disseminated out to the members because I think it's time we have discussion about raising that amount somebody loses her life in a line of duty five thousand is borderline insulting to the family not that it's not appreciated but I think it's time we have that discussion if you could bring its recommendation based on the amount of money that's in the function please i'd appreciate it thank you any other questions for members. And you see what. Seeing no other questions that objection the rules reviewed and approved thank you miss wallace. Members will go to d six are so racing commission. The. Good morning german fuel identify yourself for the record and you may present your rule i'm barring freight on the attorney for the arts are raising commission there are three rules oh regionally casino gaming rules for pass about to town the casinos opened in these are changes requested by the casinos after they have gotten experience with using our rules are only three changes. Of the first one is employed license and restoration we've made everyone reassured the same who was an employee if they if they work for the casino they had to have the same cow license in what we were what we found out from some of the casinos was or the employees in the kitchen and the dining areas were receiving calls at home because they had their full name displayed on the badge and so the purpose of this real change three twenty five and three forty five is to allow the employees who do not have direct access to the casino games or money which would be mainly in the kitchen if they were they were a vanch issued by the casino and heather license in their pocket and that was the three questions some of the casinos because of the harassment the employees were receiving. And then we have one for waitering accounts and you may open a wagering account if you can see no to bed on the horses and dogs there's one for also for the electronic there there's another similar to this which you had to be twenty one years of twenty one years of age and you have it they have a third party vendor who doesn't identity verification it makes you here and I don't exclusion list and make sure that you have the right use your name and password a few dollars or some procedure to go through that. So it's an attempt to try to keep the old land wagering done by the person who asked the account rose in a child or someone else who may be posing as the person who who has a waiter in account and those who the three rules it raising commissioners and requesting recharge members any questions on these three rules that are hammer you recognized thank you missed freelance like tashier a question on that one which you care to wager about today and how old my coach areas today given the fact that it's his birthday today would you care to wait for a better years well i'm i'm i'm seventy six thought I can back you think he looks seventy so I think it's the option he's a lot less but what less still wanted to it was point out to me that my co chair it might be as birthday today's a correct check rate so I think it would be appropriate for you not saying to him but give a round of applause for it being his birthday today members any questions on the three rules presented by the arcel racing commission. See non there without objects to the rules are reviewed and approved gentleman thank you for being here today thank you members will go to d seven state board of health. You'll identify yourself with the records are you may present your rule thank you correct smith with the department of health before you we have the proposed rules for declaratory orders these rules are bold the model set up by the ages office and the department of health is mandated by arkansas code twenty five fifteen two oh six to promulgate these rules these rules are to set up a process for a petition for the department to issue declared to order to address a certain circumstance that a remember the public may have has to how statutes rules or orders may be applied in their situation and with that happened at entering questions. Members any questions for mr smith regarding the road of declaratory orders. See no questions without objection the rule is reviewed and approved thank you for being here today so thank you item eight DHS metal services. This pitman. The. If you please identify yourselves for the record you may present your rules. Good morning elizabeth pittman medical services mitter stuff staff. Thank you for your time this morning we have a rule here to comply with the cms requirement that we cover services incidental to receiving drugs under a clinical trial this was previously covered by medicaid so this is a clarification and no cost is associated with it it was approved by cms in may and reviewed by public health in september and happy to answer any questions great members any questions. On this rule. See no questions that objection the role is reviewed and approved thank you for being here today thank you and happy birthday yes thank you. Out of nine department labor licensing. Good morning gentlemen future identify yourself for the record and you may present your rule change morning as chairman males morgan associate council department labor in licensing warning route hurts and record division of labor. Good morning everybody damned parker on the chief legal council for the department of labor and licensing thank you gentlemen at yes mister chairman and committee the amendments to the rules were to comply with the legislation from the twenty twenty three session specifically act one ninety five twenty twenty three to repeal the child labor employment six certificate role and then also to comply with act six eighty seven of twenty twenty three to provide for criminal referrals and investigations and enhance civil penalties and also increase the time to pursue those civil penalties from two to three years for child labor violations there are other also some other changes are grammar and stylistic changes for the rules that needed to be updated and we'd be happy to take any questions from the committee. Thank you german representative recognized thank you mister it is their current road law that says that kids between ages of sixteen and eighteen can't work certain hours or certain times or amount of hours. Senator the rules do not apply to sixteen seventeen or eighteen year old sites those under the age of sixteen typically okay so it's under sixteen correct thank you. Sent arise to recognized thank you german clarified something priority this week in effect what august. Yeah that's correct senator have you had any uptaken in reports. Valation. We we we have we have not seen an uptick it's been static frankly my best estimate and and our staff best estimated will probably see some of that more towards the six or seven months mark just as employers become aware that the it's not required anymore and they get a little looser we anticipate that we may see some we are tracking sir okay all right I am someone who supports sixteen eighteen year old been able to or part of their life training. Changes gives for the positive forever I think but we don't want to see but he abuser appreciate that ends at thank you for being. Sir. You have a questions members. See no questions without objection the rules are reviewed and approved gentlemen thank you for being here today thank you mister chair members will go to item e on your agenda these items include the in person updates from those agencies that have not completed their roommating from either the twenty one general session or the twenty two fiscal session in accordance to act five ninety five of twenty one. With that objection on ewin department of agriculture we have asked them to come back next month based upon the information they were not be able to they were not able to provide today so i'm going to pass over that one also on e two since that rule was approved moments ago it will not be necessary for miss wallace to come back and give an update on that. Uh so will hold e one until next month will go to e three department of education mr roads. The. You'll identify yourself for the record you proceed with your update good morning chair members of the committee money with sunday's roads and the chief legal council for the department of education we have two rules on the at five ninety five report today the first rule is a dash year old governing school safety the department presented these rules to the state board of education for a final per the last friday october thirteenth twenty twenty three weeks a minute of those rules to the bureau and they should be in your december agent that are available for any questions members of the question mrperiod roads on this update. Since your haster you're recognized that the rules that you're just now passing where they from the twenty one session. The. Sorry where they from the twenty one session or when were they from those are primarily from the fiscal session there was a school safety grant program we had emergency rules in place these rules create a permanent rule and they also include changes from the twenty three such okay so they've been they've been working through an emergency role currently thank you any other questions members. Seeing nominess rose thank you for your parents up later today thank you we have one more rule okay go ahead and see that thank you the second rules that beside rule governing professional development the draft language of these rules is undergoing final internal review and we hope to present these rules to the stable of education for release for public comment and either the november december state board meeting but i'm available for any questions members of the questions on that. This. See none thank you sir happy birthday they just sir. Item e four. Opposed to the lottery mistake. You're identify yourself for the regular server you may present your update good morning mr chairman members of the committee money's bring standard each legal council for the apartment of financial administration office of the arkansas lottery. So by six x six thirty six of twenty twenty one we were to prompt a promulgate rules concerning a stable shing the lottery scholarship trust account this was excellent emergency rule and it was in effect for some period of time so on tuesday this rule which will be section thirteen of our operational rules as well as a member of other operational in retailer rules that we proposed were approved by the lottery oversat sub committee and they will be before the arkansas legislative council for review and possible adoption tomorrow morning so that is the status of that rule as well as are the rules at this time then i'll be glad to entertain any questions. The. Santa haster yeah thanks so just trying to get it understanding you went immediate for an emergency room and it's been in effect for a couple of years I guess for how long actually the emergency rule went into affect october last this week I believe it was october of last year because I know it expired in in february wary of this year and so what happened we were ready to propose this rule and others is permanent rules but with the new administration coming in we had to hold off on getting them before the committee to let the governor's office review all of these rules including this one which they deared are there's only one minor change that differs from the emergency rules that were previously adopted so we made that change and that happened in the summer of this year then we found everything with a blr and then that's what got us before the oversat subcommittee on tuesday and then before a lc tomorrow morning so that that's how we get to where we are today okay thank you thank you. Members any other questions standards. I thank you know thank you for your repairer in your update today. Members starting this month we're going to be receiving monthly written updates on the status of agency's role making for the twenty twenty three general session a pursuit to act five ninety five if an agency believes that a rule is not necessary for the operation of a newly enacted law the agency may submit a written request notifying this committee of its intent to not adopt the required rule and requesting that the rule be excluded from their monthly written update we have. Three that are asking for that exclusion will start with f two department commerce. Good morning feel identify yourself the record and then they proceed good morning shreech children's director the department of our division of work for services. A david mccoy general council mr mccord your key that my get force. Or more time they are sorry david mccoy uhm general counts yes sir you may proceed this this rule was a per two thirty seven regarding a a some requirements for the work force development board and it was categorized by be a law as could require real making. The app doesn't require rule making it in a per se and it calls for. So you let me find this with it calls for collecting and analyzing and reporting information regarding career training education and upon reviewing this week we understand that the other we understand that the the world is already collects much of this information this law requires some additional factors. And are we spoken with the department of education and we feel this can be done through through means without necessary. Every request to be excluded excluded soon to get more about you have a question I do but i'm happy to hold it and it's it's unrelated to this rule but i'm happy to hold it till the end of funding too the refund thank you any other questions members I need a motion then to approve the agency's request for exclusion i've got a motion of second second hours if they were those named motion carries thank you for being here today we'll go to if I may question the question is for them i'm sorry if you are holder please there to go more so I was just following up on the status of the director for the arguments i'll work for development board do we do we have someone in place yet I think that that position has been vacant a while no star senator here more we do not have anyone in that position yet okay but we are looking at at several individuals that are they've expressed interest okay and is is that bored able to function appropriately without that person in place or how is that working. Well without a without the the director of that board obviously we're all taking on that responsibility within the agency so no it's not able to operate without a direct director but we are on a continuing basis but we are still having meetings and still having productive meetings and operations thank you thank you. Thank you for being here today we'll go to f three department of energy and environment. The. Good morning feel identify yourself for the record and. Present your request lauren ballard chief of staffed their department of energy and environment bailey taylor deputy associate director for office of water quality misball so we have two requests before you today the first is act three ninety of the ninety four general simply that that act. Governments mobile am permitting fees at this point we or not seeking any modifications of the fees so we don't want to initiate role making since we're not seeking a modification at we if we do anticipate the need to do that later on of course we would go through the role making process and come back before this party but at this time we don't think there's those modifications are warranted right and I believe you're require your written request is in the packet and there was a correction on an act number yes that's for the second would you like to go ahead and just be on that way so the second we had a type of graphical error so I apologize for that we had act eight thirty four that should read at eight twenty four that act governed the rule five permits that were previously entered the ad the authority of the department of energy and environment there's removed average the department of agriculture the act itself had a some special language that required we keep that rule in existence until a replace a replacement rule is promulgated so that was the reason for our exclusion there is so that we can keep that role in place until such time as it needs to be taken down we're members any question is ballard center hammer you're recognized thank you miss share on the explanation the it talked about certain fees based on actual administrative costs to the day when permit applications that you may I think you're in the room at this question while go the other agency how do you how did you determine what the actual administrative cost is and if you have to make a just to that then is that you're understanding interpretation that you would have to come back before us in order to do that i'll start with your second question first the answer that is yes of course that would go through rule making and would come back before this party as far as how we would calculate that I think we would look at the costs of ministering the program I have badly here who's a knows a little bit more about these specifics of the program but I would anticipate we would look at all the actual costs of the program and that would be part of the rule making we do that we're making to explain how we got to that number to this party. Okay so you would i'm charging it I was just gonna saying we can look at the cost that it takes us to administer those tests you know the cost of having someone employed to administer those tests and just make sure that we are app are collecting a reasonable amount of east administrative program okay and for where you are currently. Are you able to do what you have to do. With what you have and who you have in place right now so you do not anticipate that the cost going up and how long would you project that out the future we got a physical session coming up are you interest paid having to do anything that's going to drive the cost up that would bring you back before no sir we were not disappearing changing the these in the near future at this time. Okay thank you. See no other questions from members on the emotion to approve the agency's request for exclusion i've got a motion got a second all those who pay post nay most carries thank you go to f four uh tss. The. Yeah. You'll identify yourself for the record and in proceed with your request high good morning jennifer david from an attorney with tfs you pull it might just a little closer to you not better yes ma'am thank so we have act six thirty four it does not explicitly require or authorized role making it requires that policy procedures in a mechanic and for data sharing among the department be developed the are data team already has this in place and it continues to be improved through as a result of the fact and through the data team's work with the date and transparency panel we don't fill that rules or a required or necessary until we affect it be removed from the list. Thank you members any questions. See now need emotion to approve the request for exclusion get emotional second second all those with favor I pose nay motion carries thank you for being here today ma'am thank you members will go to item g on your agenda this is the first of mission of monthly written updates by the agency concerning rule making resulting for the twenty three general session these updates are in your packets are there any questions regarding these monthly written updates. See now with no objection will file those that october monthly updates will go to item h. We have one final rule to be considered without objection this subcommittee will need to suspend its rules to consider the rule by the state insurance department. Seeing no objection less than become the table that it was quick and did you serve for being here today if you will identify yourself for the record in the new may present your rule good morning i'm dan honey kell's florida so insurance rule one twenty seven we amended a pursue it to this was originally promotated based on act of ten fifty four of twenty twenty one which mandate awfully will coverage for pans and panda switches it's a mouthful pediatric acute on set your circuit neurosakiatric syndrome and pediatric auto multi sacrifice disorders associated with strip occarcal infections that's what payments have panders things for and in two thousand twenty three of your past eight act eight seventy seventy six which amended this and basically the biggest issue we had with the previous statute and the previous rule was that in order to have this covered you had to go to the center of excellence with arkansas children's hospital little rock the main thing that the amin does is the aid of it required us is the insurance department in conjunction with you a ms in order to choose hospital to establish protocols for treatment pro calls so that. Providers out in the state could. Have this covered without actually having to come to little rock they as long as they they follow the protocols and that's the main the main of. Objective of this statute and rule also their reporting requirements and also there's a basically a sunset provision that to the extent that pans and panders are considered a labor these are off label or consider fda approved then this will basically sunset this this rule the statute and this if you have any questions let me tell you thank you for the explanation on this members in your packet there is a letter from my family that this has a very expedited immediate impact on that I would encourage you to take it your convenience and read this letter there are any questions regarding this rule change. Seeing no questions sent hammered did you have anything on this no surprise then without objection to the rule is reviewed and approved members appreciate your attendance this morning in your work on these issues that go other business we are journal.