ALC-Administrative Rules

All right members of their back to take a seat will get this meeting started. All right chair she's a quorum. Our members are first item on the agenda is the adoption or subcommittee rules will begin with comments by Jessica Whitaker regarding the proposed subcommittee rules. Thank you I wanted to go over a few of the big changes in your subcommittee roles if you look on page three. There's language mineral contains a fee or penalty the subcommittee would not have to state a reason for not approving that role and that is in accordance with Act eleven oh one and are there any questions concerning that language before I move on. Okay the next big change is on page six. We added language to implement ACT five ninety five which requires the bureau to prepare a report on twenty twenty one acts that require rulemaking and by that June first deadline that's in the statute it also sets forth monthly reporting requirements that agencies concerning the status of their rulemaking and are there any questions concerning that language before I move on. Okay the last big change that we have in our subcommittee rules is on page seven it involves the appeal of codification decisions as we're currently working on the code of Arkansas rules and these are appeals that would be going before the subcommittee and that procedure as set forth in those roles and I'd be happy to answer any questions concerning that. Yes and that's the last one in the rest of the changes are clarification and just current practice and I'd be happy to answer any of those questions are members any questions. All right seeing none of you have a motion to adopt subcommittee rules the motion the second and all those in favor say aye opposed motion carries. All right we're going to item C. members U. S. B. F. five separate report from executive up subcommittee in your packet regarding its approval of emergency rules since the last A. L. C. rules meeting in December. Give me a minute take a look at those be like. Are there any questions on those. Acting on a motion. All right with a motion about those reports and second. Second all those in favor say aye I'm in the eyes have a motion carries. All right we're going to D. we have reports on administrative directives. We have a department of corrections miss Lindsay Wallace come on down. Morning you would just introduce yourself and you can get started thank you. Good morning Mister chair committee members my name is Lynne D. Wallace and the chief of staff of the department of corrections. Are you have it okay to start with we're going to do the fourth quarter reporting for twenty twenty there were no administrative memorandums issued a revised during the fourth quarter of twenty twenty and I'm going to begin with secretarial directives secretarial directive twenty dash zero seven regarding incident notification procedures it was create it was updated to add that the internal affairs administrator must be notified immediately of serious incidents involving suspected criminal activity and additionally it added that it declared public health emergency was defined as a serious incident for purposes of this policy. Secretarial directive twenty dash zero eight is employment references for current for former employees this directive was created to establish a standardized process for determining the information in the current or former employees personnel file or employment history when it can be disclosed in whom it can be disclosed by. Secretarial directive twenty dash zero nine concerning employee conduct standards and discipline this directive was created as a guide and to set standards and guidance to reinforce the code of ethics emphasizing the professional conduct expected to be followed by all department of corrections employees it's that consistent contact Sanders and discipline to be followed throughout the department. In the final secretarial director for this quarter is secretarial directive twenty dash ten which set forth standards for supplemental guidance of modified in person visitation during COVID nineteen and that concludes secretarial directives for the quarter moving on to the Division of correction administrative directives administrators Act of nineteen dash thirty two was repealed and replaced by the secretarial directive on incident notification procedures administrative directive twenty dash zero nine concerning useful and mates it was updated to remove language that was contradictory to match American correctional association standards in areas outside of housing staff shall maintain sight and sound separation between youthful an adult inmates this was stricken because youthful inmates are not allowed at any time to be in the presence of adult offenders. Administrative directive twenty dash ten regarding nerd notary service requirements it was updated to clarify the document has to have to be typed or written in ink that require notarization and that the inmate must not sign documentales there in the presence of the notary public administrative directive twelve dash thirty three was repealed or replaced by secretarial directive twenty dash zero nine the employee conduct standards administrative directive twenty dash eleven regarding day transfers it was revised to update the reporting time to one PM which allowed staff better and time management for determining who was going to be brought into the facilities for the following day. Administrative directive twenty dash twelve concerning punitive housing restrictions it was revised to state that inmates in punitive housing can purchase envelopes to the commissary and the definition of useful and made all information regarding useful inmates was removed due to the ACA standards. Administrative directive twenty dash thirteen regarding force cell movement was revised to add that healthcare staff must be notified or consulted prior to a forced cell movement that there must be one licensed healthcare staff member as part of the team composition and they're also languages also added to comply with the description of the equipment and added that there has to be a compliance team presents administrative directive twenty dash fourteen regarding testing inmates for HIV it was revised to update some definitions and remove other definitions from the fault policy HIV testing if indicated may be carried out as mandatory should counseling and discipline options fail to produce compliance was also removed I'm administrative directive twenty dash fifteen as the gate pass policy it was basically revise because we wanted to put in there what was actually be in practice and the verbiage need to be added to policy regarding of photos they're actually already on the gate pass so it just needed to be updated on the policy. And moving to the division of community correction and there were no administrative directives or memos that were issued in the fourth quarter of twenty twenty and that concludes that quarterly report thank you Miss laws we have a question from a German. Hammer you're recognized thank you Mr do you know right off how many are classified as youth that are in the department it's not very many but I don't have the exact number in front of me I can get you that information okay if you don't mind I'd like to know how mayor classified issues please absolutely and then the second thing is and I think a a issues questions we could to go but let me ask you I got you here with regards to the resuming of worship services within the department of correction are we back up to where any inmate that wants to attend a worship service is able to do so within the system yes there. And what about outside Chaplin's coming in because I know there's several facilities that members of the community that are licensed Mr Chaplin are they being allowed access back in yet or when will they be able to be volunteers are not yet allowed in but we are getting very close to changing that policy I know Secretary graves we have a board of corrections meeting next week and I know that that's on the agenda to talk about that okay would you do me a favor after they make the decision let me know please yes there will thank you lady you're welcome thank you senator members any other questions. Representative Vaught you're recognized. This may represent of Wardlaw but if we could get that information to the committee I've had some constituents also that have called that volunteer Cummins and I'd like to know when that policy is changed yes Sir. You can get that to staff noted to the committee well today all right thank you members any other questions. Seeing none without objections report we reviewed and filed thank you I have more more yeah. Okay for the first quarterly report of twenty twenty one there were no administrative memos that were issued for the department that I'm going to start with my secretarial directives for the department of correction secretarial directive twenty one dash oh one concerning employee grievance procedures this was created to provide a department wide framework for employees to constructively manage conflict their grievances or mediation and to ensure fair resolution is made within a reasonable time period it sets out that termination and suspension without pay or the matters that are readable and secretarial directive twenty one dash oh two you concerning internal investigations and criminal evidence handling the secretarial directive was updated state that no one shall have access to conflict confidential information that's part of an investigation other than the personnel listed within the policy unless specific permission is granted by the secretary or the appropriate division director it also authorize the internal affairs investigate administrator to use employees or offenders is confidential sources and procedures for release of files from internal affairs and disciplinary action is taken against an employee. Secretarial directed twenty one dash zero three dress code free non uniformed personnel the Secretary directive was updated to add definitions to clarify what is considered revealing entire offensive tattoos and that define what a thong sandal or flip flop was am here color is also Mentioned in this policy that it must be with the naturally occurring color tones and then it talks about acceptable and unacceptable tire and examples of both throughout the policy and secretarial directed twenty one dash zero four concerning dress code for uniformed personnel this are active was created to set clear standards that uniformed personnel must follow to promote a safe environment and professional appearance while in uniform. And moving on to the Division of correction administrative directive summary of the following AD's were repealed or replaced by various aspects rural directives that I just went over administrative directive fourteen dash thirty three was repealed or replaced by the secretarial directive concerning employee grievance procedures administrative directive thirteen dash one sixty eight was repealed and replaced by secretarial directive on internal investigation the criminal evidence handling and then the administrative directive eighteen dash thirty two was repeal or place by the dress code for uniformed personnel secretarial directives and administrative directive twenty one dash zero one concerning inmate correspondence the changes made to this policy due to passage of act one fifty one of twenty twenty one this concerns procedures for delivery of legal mail it was added in response legislation of photos which depict a crime scene a victim of a crime or with or photos that were taken in conjunction with an autopsy shall be considered contraband per this statute so that they never actually land in an inmate's hands. I'm moving to the division of community correction administrative directive nineteen dash zero six was also repealed and replaced by the secretarial directive on employee grievance procedures and administrative directive seventeen dash twenty four was repealed or replaced by the Secretary directive on dress code for uniformed personnel and that concludes my report for this period. All right thank you for that members of any questions on these reports. Senator Hickey you're recognized. Yes just one as backing up to the the report only twenty dash thirteen. Your for sale movement. Do you all have that noted somewhere with that be like a known for sale movement I mean if it's something that just occurred to. You know if you didn't know it was known I just didn't know if it should to stipulate that somewhere. See what the policy says. Okay so um C.. Stipulated and there are you talking about in their inmate record or no I mean I I assume everyone is talking about if you if you know that somebody's going to be a problem Senate you're going to have to do it. But the way it's written I just didn't know if it was going to create you an issue at any at any point because if you didn't know what was in the No Way Out of being up for sale movement you know it's almost like to me that you it should be designated that something that you know prior to like we have you tying our hands okay I will I'll reach out to my legal team and talk through this and your concerns you have at I appreciate thank you ma'am. Thank you senator and senator Hammer you're recognized for a question thank you. Thank you Mr and one of I want to ask questions back on the previous report about twenty days fourteen the mandatory testing for HIV we pass legislation this session dealing with victims that would require HIV testing do you know did you incorporate that new legislation into this or what you majored in this particular one I would say no because this is from the last quarter of twenty twenty but I will definitely bring that up to make sure that we address it okay yeah just make sure there's no conflicts between the new law in this yes there so that victims rights are taken care thank you thank you senator. With any other questions. Acting or the questions you done there I am done with the department of corrections I'm going to present for the parole board as well sure we're done with the the parchment of corrections and without objection the report to be reviewed file. I can go ahead thank you I'm I'm here to also report for the Arkansas parole board for the fourth quarter of twenty twenty and for the first quarter of twenty twenty one and there were no new or revised administrative directives issued during either quarter. Nothing new on both reports yes there all right members any questions. Seeing no questions without objection the reports be reviewed and filed thank you Mr chair thank you committee members. Our members are moving to the section II and this will be the department of agriculture State Plant Board Mister Wade Hodgins discovery. Yeah. Good morning you would that of the German introduce yourself for the record and you can begin with the report. Wait hajj counsel for the department of agriculture. Scott Brayton division director or by going to plant industries division. Thank you Mr chairman members of the committee we have a rule which amends our pesticide applicator. Rules the EPA has amended their rules to require that commercial applicators and private applicators which require a license be at least eighteen years old excuse may be at least eighteen years old and they're rules also require that we demonstrate that we have the ability to enforce that and so of course the way we do that is promulgating rules and so that's all this rule does it just requires the commercial applicators private applicators and any of their employees who would also be applying restricted use chemicals be at least eighteen years old. Thank you the members or any questions. Our. Seeing no questions from members without objection this will be reviewed and approved. You go it. Thank you Mr chairman the next rule is the adoption of what we call the mist handbooks and I asked the that stands for the National Institute of standards and technology that is the federal agency that Promulgates the national standards for weights and measures fuel measurements and things of that nature Arkansas statutes which give the bureau of standards the authority to enforce these measures say that the bureau will adopt the new standards as they may be amended from time to time in past years. At the standards the nest books are published. Every year and in past years what we would do is common promulgate each year's new book as a rule this rule will just allow us to say whatever the most current version of the book is that's what will be enforced thank you. Thank you members any questions on this rule. All right single just a no up no questions without objection this rule be reviewed and approved thank you Mr. Thank you John. Moving down to eat two department of commerce Arkansas development finance authority. Mark call nine. There is. Morning journal if you would introduce yourself for the record you can begin with your rule thank you. Hi Marco nine and I'm the interim president at the Arkansas development finance authority. John Blackwell lie tech manager ADFA thank you for your it yes I what you have in front of you today is our annual qualified allocation plan in this qualified allocation plan drives it or administration of the A federal low income housing tax credit program and we are as the the US state housing finance agency we're given the Simon if you will of administering the low income housing tax program and each year we have to we can make changes or we cannot make changes to the planet there but there's always a few a few changes to the plan and so each year are board actually reviews this qualified allocation plan and makes a few changes hopefully for the better and we use this plan to administer and to market to developers and then they use this plan to when they submit their applications for a multi family low income housing project they use this application a planned this kind of their guidelines of what they need to include in the types of things that we're looking for to approve their project. And so this is just a annual thing that we have to do is to come and get the plan approved. I think you have a question from senator you can see eighty eight. Senator Solomon you're recognized. Thank you Mr so when do you plan on having the new plan final. that's it the timing of your questions very good it's a we actually have our first meeting today at one PM to talk about to start discussing the twenty twenty two ACU AP and so that meeting today we're kind of kick off process in normally there's you know several meetings to discuss the process and but in the past like last year it was around you know the fall around October when it was approved we're trying to get a little bit little bit quicker start this year if you will so we're kicking off a little earlier so hopefully we can have it you know finalized I like to say maybe for the kids go back to school so maybe by September first would be nice follow up with that and so when the plan is finalized is that good come back to the legislature. To fight to do we approve your final plan or do you just to prove your own plan yeah that's correct we normally prove our own plan and then we also have to get that plan approved by HUD to make sure you know when I do anything outside the federal guidelines. Okay Mr chairman I make a request that the ad for board notify a LC a prior to approving their final plan. And that the the legislature be notified that there getting ready to to finalize a plan actually we'll we'll get that with staff and make sure that with the inauguration thank you thank you Sir yeah we and we just to follow up what we would be happy to bring it back in its submit the plan to you guys with the material that you have in you can review that and we can come if you have any questions more happening there is you're meeting today online yes it should be yes okay if you go to out of the after website at it will be posted all right thank you thank you Mr you get with it was staff on the notification to make sure that that happens before then we have another question senator you're recognized. Thank you Mr more German what is what is it that drives the changes that are being recommended is that a change in the market is that a change in the economy or what is it that. Drives the changes that are before now that's a good question it can be a and a number of factors you know this year of construction costs will be a big issue a some of it is you know there's a concentration of projects in a particular area you know maybe they'll look at things and say well you know may we made a few changes last year the year before it there's a year delay and so when you make these changes you're you're hoping that you get a certain outcome but sometimes when you make these changes you get maybe an undesired outcome that you didn't realize is going to happen so construction cost it might might may or may not be geographic area a lot of it is feedback from the developers and some of the developers from particularly maybe if they're out of state developers a lot of times they'll come in and say Hey this is what we're seeing in Mississippi Louisiana Tennessee Texas right in this in a lot of it is you want to drive interest in the program so a lot of it is feedback of the developers about what's going on in other states you can be construction cost it can be if the application is a little bit to a Roni is and they feel like they're having to spend too much money up front to apply and then maybe they don't get awarded an allocation so it's it's it can be a lot of different things it's not it's not any one thing in particular so what do you do for the developments that are in the process of being completed are they grandfathered in under older rules or what do you do for the transition group that's building now but looking to build the future yes you know that is going to actually today at our meeting that kicks off in time again is one of the things that we're going to discuss is with the just astronomical rising construction cost you have these projects that maybe they got their bids twelve to eighteen months ago on the construction hard costs side and so a lot of those projects now I'm guessing here okay that's why we're having these discussions is that a lot of those projects. You're probably under water and so we're there's gonna be a little bit of discussion about okay what do we do with those projects that we need to use some of the current year credits to go back and you know look at these projects that are in the in the process of being built hi because we don't want those projects fail the whole point of this is to get affordable housing in the areas you know around the state that need that's the whole point of this right and so some of those projects are on going normally we're trying to monitor and that close right in because you just don't see the spiking costs like this so that's something that we're gonna have discussed because this is a little bit unusual with the such that the rise in the construction cost unless question is what you do your settlement determination how many as you said are under water how do you handle. M. above water with your appropriation levels that you have how do you how do you balance that act or are you in the process of defining what that number is and and how would we find out what that number is what you guys figure that out yeah yeah it we would have to do a little bit of a and once again this is just you know I'm just kind of thinking out loud here but we would have to get with those particular projects and say okay here's what you submitted your was your budget where are you at what do you think the overruns are going to be if any if any there may be some projects that are you know that's great right and so that process will take place probably between now in the fall but the only issue is if you if you if you go back maybe an award some of those previous projects and once again this is an idea this is not normal practice if you go back maybe an award some of those projects additional credits than you know that would take away from future projects you would have as much toward in the future it will be discussions with the developers okay Mr a request I really don't know this is the appropriate committee for that information to come back to but because the discussion is occurring in here what I'd like to ask is that when you determine what the you know what the current status is if you'd send a report to our committee and that it may get channel to another appropriate committee that oversees your agency other than rules but I'd like to wish to have that information sent to committee members of this committee please thank you and they will probably be appropriate to include it with them Senator Solomon request when we just came back with a plan which is included at that time if that's okay or thank you thank you. Members any other questions. Increasing or the questions without objection this rule reviewed proof okay thank you thank you. Members moving down to E. three department of commerce division of workforce services blind services missed because Sandra Williams. Try that one more time for that but more time. Are you. Good morning doctor concerned Williams directly with the internet service that fourth line. Damn you would introduce yourself mmhm. Good morning I'm doctor making land the filament straighter for the Division services for the blind thank you can you have to rules present yes I you can go ahead thank you okay thank you. The rules that were submitted are in collaboration with the rehabilitation services administration our policy and procedure manual for the vocational rehabilitation program and the to individuals who are blind program we are working to make sure that all of our rules and regulations are in alignment with federal requirements and to make sure that we are it hearing to any new requirements under the workforce innovation and opportunity act. Remember you heard the explanation of guests of the item three are there any questions. The. Single question suggestion this rule reviewed and approved you going present item three. Yes in addition to that we have the DSP all to individuals who are blind policy manual and are we work in conjunction with the rehabilitation services administration to make sure that those rules and regulations were in compliance with federal guidelines those guidelines monitor and and provide guidance to our eyes as we implement the program statewide to individuals who are fifty five or older and older I would older blindness issues. All right thank you members any questions. single questions will without objection this rule is reviewed and approved thank you very much for coming down thanks. Members are gonna skip the item for a and for B. for just a bit and move on to item five which would be the department of health health facilities services miss Laura issue. Good morning to you both just introduce yourself for the record you can go and begin presenter role thank you Mr chair members of the committee on large you and I'm general counsel and all have I have it's okay abroad and are managing attorney talk Thompson here with me. Charles Thompson Tony eighty H. R. thank you can go into your. Members of the committee we're here to present the rules for abortion facilities these have already been through the administrative procedure act process these were approved by the board of health initially in October of twenty nineteen and most recently in January of twenty twenty one they did have a public comment period back in January of excuse me July of twenty nineteen. And in July and August of twenty twenty we had a public hearing on September third of twenty twenty there was a public comment at I believe you all have a copy of the letter that we received and we addressed that and responded accordingly we also had some questions from the bureau and we address those questions and I believe the answers are in the summary that you have before you these are the rules that we are able to and forced the acts of from twenty nineteen including ACT five twenty two ACT six twenty ACT eight a one and ACT nine fifty three some of the other acts from at twenty seventeen and twenty nineteen are currently enjoying time with that too court cases you may have heard about Hopkins V. Jackley and little rock family planning versus Rutledge we are working with the attorney general's office and always keeping up with the status of those cases to see which laws we can't enforce because they're enjoined in which laws we can enforce the rules before you today or the the acts that are not enjoined that we can enforce if you all have any questions I'm happy to help answer those. All right members are there any questions. Arc single questions without objection this rules reviewed and approved. Thank you. Members item six has been struck from the agenda so move on to item seven Department of Health division of health related boards and commissions state board of nursing. Miss sue Tedford Mr David Dawson Mr Matt Gilmore. If you were going introduce yourself for the record you can begin present your real. I'm say Tucker director of the board of nursing. Good morning David Dawson general counsel for board of nursing twenty. Matt Gilmore for a health. Right to it okay we have several chapters that we have some role revisions in chapter one is a revision definition and it was result of act five ninety three of two thousand nineteen. In chapter two of the revisions are all clean up based on ACT nine ninety of two thousand nineteen other than we had three rule revisions for real three rule revisions skews me that modified the rules to the nurse licensure compact everyone was certification of how we handle federal criminal records checks we had clarification of active duty military licensure and clarification of dispute resolution. Then also in chapter two we modified continuing education this occurred during the covered emergency we originally had a role that you had to have a thousand hours of nursing practice within the past year in order to reinstate your nursing license we did extend that to a thousand hours in the past two years in order to get nurses back into practice quicker because there did not seem to be any difference in safety of a nurse. Members that all of chapter one into that you just put yes let's the two wanted to time we'll try to take questions for each chapter if there are any members or any questions seat ninety I'm sorry to hear that be senator garner you're recognized. Thank you can you expound on the military licenses changes you made just wanna kind of overview requested amount. Okay. What it does it allows than acted just clarifies that an active duty service member or their spouse to designate a home state and allows them to designate any state is their home state not necessarily where they are actively station and because they're licensure is based on the state they claim is their home state and that's where they hold their multi state license thank you ma'am. Thank you senator members any other questions on chapter one and two. Our members without objection will go ahead and consider chapter one to rule reviewed and approved you can go on the chapter I guess three. Okay chapter four is next all three changes were made as a result of ACT nine ninety of two thousand nineteen. All right members any questions on chapter four here. Axing the questions without objection this rule reviewed approved. You can continue. Okay the next this chapter six it is revised for program requirements as a result of ACT nine ninety two thousand nineteen. Remember that your entire presentation on chapter six yes members any questions on chapter six. I sing on that object in this rule be reviewed and approved also. You can go and continued okay the next this chapter seven all changes were cleanup as direct result of ACT nine ninety of two thousand nineteen. Thank you members any questions on chapter seven. Seeing NONTHE objection this rule reviewed approved. Okay nexus chapter eight in response to requests from correctional facilities they asked that we allow change the rules to allow medication assistance certified to be able to function a correctional facility in order to increase safety to the detainees with medications are passed so we just added and Max is ability to be in a correctional facility. All right members that is the chapter eight are there any questions. Single questions without objection this rule is reviewed and approved right. Okay chapter nine this the changes made in this chapter were a result of the request by the department of education we updated their title to their new title with transformation and also added allowing the individual to be a. Volunteer to administer insulin or glucagon. All right members that is the description of the real I'm chapter not order any questions. Senator Irvin you're recognized. Sorry back on chapter eight if I could just directly thank you said to in response to a comment on page thirty nine of the top of page forty that you anticipate new statute to be proposed to wisely use and other facilities. Can you a qualified that and. Well that was just following the discussion with some other agencies wanting to broaden the use of Max there was no no statute now bills that were introduced for that what they did for the Max is they did allow long term care to recall to accounting and direct staffing which will increase the use of Max and long term care so we're gonna see a huge influx of use of more Max but it was just because long term care it now counts in his direct staff. But there is no other use now other than a law your term facility and the correctional facility. Okay all right I thank you. Thank you senator senator Hammer you're recognized. Thank you Mr on rule eight chapter eight sorry on chapter eight exactly what is it that a medication assistance certified it's going to be able to do. They work on the direction of another nurse or another nurse has to be in the presence and they give just the routine medications they don't give P. R. ins they don't get injectables or anything like that but just the general med pass that is set up the mac can do that currently in some of the smaller facilities you have the jailers that are passing the medications so the correctional facilities felt that it was a little bit safer to have somebody that I training and medication administration to be passing the medications to the prisoners. But they have to be in directors what line of sight in the building presence of the nurse or what's the now I don't have to be in direct line of sight the nurse has to be there to supervise because or certain medications they cannot give controlled substances open a prisoner needs a controlled substance the nurse has to be there to give it they just have to be somewhere in the facility. I guess this complies you know had come state would you call to nurse practicing at practice actor what is that the. The thing about the situation I talked to about the people in the home that we want to be able to do that for you said it can be done in the home this this doesn't violate that act you referred to or not because the you have a nurse supervising this unlicensed individual. And the difference is that you have to the nurse practice as required supervision by a licensed individual and there's an exception in the nurse practice act the delegation to Max. I'm sorry exception what to the nurse practice sector delegation to the Max okay or thank you. Thank you senator members any other questions on rules nine. Sing up no other questions without objection this rule review approved. Thank you very much thank you thank you. I remember we've been informed that the board of finance is pulling its rules on the agenda this was items for on the agenda so that's been pulled for now and will move along to item eight department of health Division of health related boards and commissions State Board of physical therapy miss Nancy worked. You're more you're staying yes Sir all right ma'am you would just introduce yourself record England again present your rule I need to see more than the director of the physical therapy board all right go right ahead of this rule. Is to lower fees for physical therapist the reciprocity fees down from one sixty to one hundred FOR PT's and down from one ten to one hundred for PETA's and would also lowering the renewal fees by five dollars on each PT in PTA. We have a couple questions here senator you're recognized. Mister chair it's not on this but just with the Department of Health and reference exhibit eighty five Hey I just wanted to follow up with them on that letter in the language that was removed from the proposed rule based on that letter so it's just for department of health thank you I'll visit with them offline are thank you senator. You don't put any rule yes what what is the respuesta Pross of the fee what are we doing there of the reciprocity fee was a hundred and sixty dollars and we're we're lowering it to a hundred what we reciprocating is what I'm trying to figure out it's when. Is when a of licensee has a license in another state office and they're move in Arkansas okay. Thank you senator Hammer you're recognized thank you and this may be totally unrelated to what you're talking about but I just wanna make sure I got you to table this is This is housed over the department of health is that right yes yes Sir okay well tended Martinsville yes Sir because of taking another conversation were some agencies and some boards and commissions about a year ago you know when the shared services started sending bills for their you know housing and for their office space and all that kind of stuff and it was going to complete their you know a cash reserves does this have anything to do with that or not I reduce those fees no Sir this was the fee reduction for something we've asked every board to look at issues me everywhere to look at going forward and this particular fee reduction was brought forward an occupational licensing review committee there were some things that the committee wanted them to look at further their fees and so they've done that but no we have not charged other board's going to partner health any kind of fees or when I charter we have anything like that right now okay our thank you. Thank you senator members any other questions. I see no other questions without objection this rule is reviewed and approved thank you. I remember going down to item nine department of labor licensing division of occupational professional licensing boards and commissions are protection licensing board. Warning you would just introduce yourselves for the record we can going to begin with your rule. Mr chairman members of the committee I'm Denise Oxley general counsel for the department of labor licensing. jim hall of a chairman of the Arkansas for protection licensing board. The first rule we have this morning is the fire protection licensing board sprinkler rules or rule. Of the rule is being completely re organized so that it is in a more coherent logical structures so that folks can find what they're looking for easier licensees and things I'm going to try to hit the highlights because I know it's a lot of changes that I'm going to try to hit all. One of the big changes is exempt from the boards licensure requirements all firms and individuals who may be installing sprinkler systems in a single family residence if they meet certain requirements and the purpose of that rule is to encourage of home builders and home owners to put sprinkler systems in single family residences. the board's definition section is completely amended to track statutory language. As well as the language for the port will fixed systems. there are reinstatement provisions and a reciprocity requirements that are tracking. Requirements from the twenty nineteen legislative session the board adopted the. base those requirements on the Attorney General's model rules. And those are at ten eleven primarily it clarifies what specific standards the board has adopted for the performance of this construction work which will primarily be the Arkansas fire protection codes as adopted by the State Farm Marshall in the end of PA or the national fire protection association standards and that would be the current. Code as adopted by those those entities it simplifies requirements for inspectors license those individuals who are already license would be grandfathered in if perhaps they were. Licensed under section that was more cumbersome earlier all the references to installers throughout the rules are changed to the. Term fitter so that it complies with the statutory language. There are a few fees that have been reduced by primarily will not have a tremendous impact on the revenues for the board but they will be the fee for branch office fees lowered from twenty eight dollars to twenty five exam retake fees lowered from thirty to twenty five and there is another one lowered from twenty eight to twenty five also which is the. separate location that what is the branch office fee. there are some changes with respect to language on the size of service tags an installation tags. We have also the board is interested in reducing occupational The license exams from ninety percent to eighty percent for a passing exam. on the. Rest of the responsible master in the a responsible managing employee and the inspector license the Federica Sam's record figure exam score will remain a passing great so. The clarifies the rule changes meant to clarify some duties for the responsible managing employee of the sprinkler fitter firms. A. Specifically the big change would allow the wrist bonspiel managing employee to perform any duties of a sprinkler fitter or a inspector. There's some tagging requirements that have been amended a big one is only requiring an inspection report to be filed with the board if a system is yellow tagged or red tagged by an inspector. there are number provisions that are repealed that don't actually deal with licensee's or things within the forty of the board that would include things like discussing what homeowners or property owners obligations are elevator safety and back flow prevention all those sections have been repealed. By this board meeting provisions have been amended. There is a requirement now that branch office locations. In order to have a branch office location that would require the same name in this Act same tax identification number as the original firm. Age restrictions on individual licensors have been repealed it's currently twenty three years of age. hearing procedures that are already contained in the APA administer procedures act or repeal. And At requirement is been added that would require a firm certificate of application for firm certificate of registration first think with their firm. To be accompanied by registration with the secretary of state's office and by individual license applications for their employees that required to be licensed those that are required to be licensed only those. That covers that rule I'll be happy to answer any questions or we will be happy to answer all right thank you senator Hammer you're recognized for a question. Thank you Mr on What would be our page forty three at your rule about exempts the boards licensure requirements all firms individuals. UP performing fire protection sprinkler system project for residents it states that the purpose is to save lives by lowering costs so homeowners can afford is that the intent of a lot of the changes of these rules is to reduce some of the regulations so that homeowners can install sprinkler systems into their homes that's the intent of a lot of the rules is to reduce occupational barriers reduce some fees and to. Make things easier yes Sir okay and and we're hoping that that particular one the Board hope is that that particular one willing courage more sprinkler systems in single family homes okay it's not currently required though right but but this is clear and some of the hurdles to where. I mean under new home constructions is not you know they're not required in new home construction this would just encourage them to consider. Use putting installing sprinkler systems in single family dwellings okay and then I noticed you also lowers you lowered the passing score from ninety to eighty percent I'm just curious why why did you all lower the passing requirement from ninety to eighty percent if it's all right I will if the chairman answered to stay consistent with the states that are around us. Okay so not like people having trouble pass the test so we're dumbing it down to where because you can get impasse that ninety percent or lower to eighty or it's just to bring us in line with correct states around us okay and then. That's it thank you. Thank you senator representative Ladyman you're recognized. Thank you Mr chairman of I'm looking this online to section three point four on page seven where it talks about approving an apprenticeship program. Yes that it says it's proving the department of labor program that's already in effect is that new do we not have an apprentice program before providers we have an apprentice in what they were recognized it was more informal it's by recollection this'll just make sure that it is the U. S. department of labor's and it'll be in line with legislation that was passed. This past session so that would also be uniforms states around us have been moved yes Sir I thank you. Thank you representative Senator bless you have a question. Yes I'm looking at the the of twenty five dollars for an apprentice permit what is that. That's a registration so that if a firm hires a premises those premises are required to license with the board and show that they are in a bona fide US department of labor apprenticeship program so how many apprenticeship programs are there in in this industry. Yeah me idea in for sprinklers three hundred fifty one apprentices. Three hundred fifty one for sprinklers that sources that's a pretty this is not a sprint is programs and I do not know off the top of my head how many programs there are in the state for this industry but I we will be happy to get that information to you Senate pre apprentice or what was your first. About the apprentice program I said there are that that is the number of licensed or registered apprentices okay three hundred fifty one that's not the number of programs date I do not know the number of programs in this state right now that are approved by the US department of labor but we can get you that night light I'd like to know yes ma'am thank you. Thank you senator you gonna get that information centering that yes thank you senator you're recognized. Thank you I am over here I just wanted to I'm over here sorry yes ma'am hi just wanted to thank you all for working so well with us on the licensing occupational review subcommittee and you're one of our licensees that we you know went through and so I guess you know and I appreciate the responses I think from that exercise I can see a lot of those changes being made so I guess for the benefit of the legislature no that process seems to have some good fruitful results that's reflected here in your rule changes yes would you agree with that yes I would thank you very much we found that to be a very helpful process in lightning process and and go ahead Mr. Go ahead did you have a comment as well. That was it no just thank you thanks well I also want to thank the the staff of our bureau I think they made it very methodical process and easy to follow and really helped in the review process of your your rules and your licensing requirements and all of that so shout out to our pure of Legislative Research staff that helps with that but we just appreciate you did a lot of good work and so I just want to recognize that thank you thank you very much thank you senator members any other questions on item nine a rule. In order questions without objection this rule reviewed and approved you can go on to item ninety of this. The next one deals with portable fixed Barbara suppression systems and basically we're talking about the same sort of reorganizations to make it more easily comprehensible to users licensees and applicants the definitions are amended just like to correspond with the sprinkler rule as well as the statutory definitions we have the reinstatement provision as well as reciprocity requirements from the twenty nineteen legislative session are included. But we repealed a number of things such as the requirement that a farm submit affidavits and certificates of distributorship with the firm's application process is being unnecessary paperwork it repeals requirement that an individual applicants submit training certificates are affidavits from product manufacturers. Of it also lowers the passing score from Arkansas examination from ninety percent to eighty percent there are some mandatory notifications if there is a fix fire protection system that is red tagged is being Not in compliance there are the changes also with this many of the same fees so that the Exam retake fee is lowered from thirty dollars to twenty five dollars the branch office fees lowered from twenty eight to twenty five dollars There are some streamlining of the process is required for a change in our ownership so that if a sprinkler firm changes ownership that they can handle that process quickly and easily. again there is the same requirement that a branch office must have the site share the same name in the same tax identification number to be considered a branch office of the farm. And. The fee for registration each registering each separate office location is been lowered from twenty eight to twenty five dollars the age restriction on individual licensure has been repealed. Same requirement that a firm B. a registration application for registration be accompanied by evidence from the secretary state office. That they are registered with the secretary of state and that they Inc clued individual license applications for any employees that are required to be licensed. I will at that primarily come that covers that the changes I'll be happy to answer any questions with respect to the fix portable. Rules all right thank you that ma'am on the repealing of the age restriction there's no restrictions at all on the age not now no. Resent Hammer you're recognized thank you Mr of twice now on the other rule in this one you put in there clarifies and streamlines the regulatory process for from the changes its ownership do you have anything in there that deals with unpaid taxes or do you get into that area so that if somebody buys your firm that there's some clarification as to whether there's unpaid taxes the rotor you can get in that business no we do not get in that Business senator Hammer okay so what is it that you stream line then as far as changing of the business just up the paper work that they have to submit to the board to change the ownership just to show that the ownership is it's a rude if the paperwork reduction challenge primarily okay right thank you. Thank you senator representative Ladyman you're recognized. Thank you Mr chair of section one point three two on page one where it talks about Appicability the rules and I noticed this in the other rules will you change a licensee and apprentice to individuals was that just a clean up and I didn't see definition of individuals I mean why was that change made the you know. No I'm sorry I do not know where was that again one point three two on page one. It's just a general statement on applicability. But I know this is in a couple places that was changed from licensees and and practices. Two individuals I know a lot of those changes were made because of the specific language used in the statute and the statute used a particular one we tried to go back in the rules and change the the language used in the rules I cannot tell you for sure that's the reason that person was changed individual or not most of it was just to stay consistent a lot of these rules have been around awhile and so the overtime wording had just gotten change so much that we had to come back to consistency to where people can understand. And that's the biggest part of what that was all about so it didn't really broaden the applicability of just more define is it what yes certainly. Thank you mmhm. Claim representative members any other questions. Our seeing none without objection is rules reviewed and approved thank you thank you Mr chairman committee thank you our members going on to item D. D. D.. Ten I mean department labor and licensing division of occupational professional licensing boards and commissions manufactured home commission. Good morning to this introduce yourself and get started on your rule. Good morning to the committee. I'm Erin Howard the director of the manufacturing commission. Supersede Mr chairman yes we're going. This morning we're presenting some cleanup changes for our modular rule and these will bring our existing rule into conformance with the applicables requirements that were set forth in the twenty nineteen legislative session in accordance with Act three fifteen the applicables aux instances of the word regulations been changed rules in accordance with ACT four twenty six sections three oh three through four contain subsections for reciprocity and provisional license or. Is the only changes all right members of her the rule or any questions. Senior questions without objection this rules reviewed approved thank you. All right members going to E. eleven department of public safety division of Arkansas state police. Hi you would introduce yourself you can present your rule. Mary Claire McLaurin Arkansas state police attorney and legislative liaison right go ahead present your this rule is rule five point eight of our private security agencies and alarm installation and monitoring rules require it is a rule that Brith revises what the all of our licensees are required to post as far as information running their license number and contact information on and on what types of documentation so they would no longer be required to post their license number on advertisements but they are required they're at least required to provide a phone number or website where an individual can get that information and they are it makes it clear that they are required to post those information that information on any contract offers anything that might actually bind to a customer all right the what was the reason for this change what what necessitated the change this was requested by industry okay our members you for the real any questions. Our single questions without objection this rules reviewed approved thank you thank you. Are going to eat twelve commission for Arkansas public school and academic facilities and transportation. The on page fifty of your pack. Good morning you would introduce yourself you can present your rule good morning thank you very much Laurie free no Arkansas department of education. The this the proposed amendment here is only to section six point zero two of the partnership program rules the academic facilities partnership program rules and those rules the partnership program operates on a two year cycle with these rules do is they clarify this rule change clarifies if a project is not funded in the first year of a cycle it will automatically carry over to the second year of the cycle to be considered for funding if any project however is not funded in the second year it will not automatically carry over into the next funding cycle. And there was there was a public comment hearing of no changes were made to the rules as as a result of public comment and is there any questions would be happy to answer those and we do have a question senator Hammer you're recognized thank you Mr. What was it that made you decide the time line that you would not carry forward because one of the public comments was about the. increased workload that would be created I'm trying to get a a balance between the public comment and your position of not changing the role and and just give me an understanding where you coming from sure. We'll the way to bet that this will be that you pull that Michael little closures are Sir thank you yes the way the way this will be balanced Senator is it will be extremely a procedures being set up by the division that will make it extremely easy for anyone who has a second your project to re apply. For the next cycle if the project remains identical so it will be something as simple as an email or a brief letter that will not create additional work for the Division or for the school district having to re review or resubmit you know. Projects in the reason that this change was contemplated was because. The way somewhere interpreting this rule it would allow a project to end definitely keep rolling over and rolling over and rolling over from cycle to cycle to cycle and of course projects are going to change you know not in Rome it's going to change facility needs are going to change so the partnership program was contemplated to be on a two year cycle so this keeps things confined to that two year cycle and then kind of causes the school district to re evaluate whether or not they want to change their project up whether it's for you know they need to change it up or whether they just want to ask that it it be rolled over into the net or if it be moved into the next cycle okay and you know how many were declined last year I mean just going back to previous cycle do you know how many were declined. How many projects were declined just in general that would have that under this rule would have to reapply I'm just trying to get an idea of how many were talking about that this rule would actually affecting way districts I don't know that but I have Assistant Director Marie Britain from the division here he might now. Just taking shelter number to you you can. Around twenty Senator so not a huge number that not a huge number and then the process to allow the project to move from one cycle to the next that the divisions but gather will be an efficient one and it will not create a lot of problems a lot of work load thank you thanks for the answer. I thank you Senator members any other questions on this figure rule. Right thing on that object in this rule reviewed in a plank you thank you. That takes care of section II were moving down to. Item F.. And this is our final item on the agenda this is a letter from the department of agriculture Arkansas bureau of standards regarding its status update in accordance with ACT five seventeen of twenty nineteen you do have a letter in front of you you want to take a second to look at that. All right members if there's no objection will consider this reviewed and filed a letter as a status update. That is all we have a good day thank you for your participation we are Journal.