Arkansas Legislative Council – Administrative Rules and Regulations – July 7, 2009
Posted on July 7th, 2009
Date & Time: Tuesday, July 07, 2009 at 9:00 AM
Location: Room 151, State Capitol
Agenda: http://tr.im/re8W
Attachments: none
9:05 am – Currently reviewing rule changes to comply with ADA Guidelines by the State Board of Dental Examiners. New guidelines for administration of general anesthesia. Rep Billy Gaskill, a dentist, is asking questions to insure that rules adequately protect public because “administering general anesthesia is extremely dangerous.”
9:09 am – There are also some rules allowing for additions to allowed duties of Dental Assistant functions which were recommended by ADA guidelines.
9:11 am – Reviewing rule changes for the Tourism Development Incentives, Non-Profit Incentive Act.
9:12 am – A new rule to comply with legislation passed in the last session, the Motion Picture Incentive Act – Act 816 of 2009.
9:13 am – Consolidated Incentive Act of 2003 rule changes reviewed.
9:14 am – Mr John Theis of the Department of Finance and Administration reviewed the new rule concerning the standard mileage rate for income tax purposes.
9:15 am – Rule changes from the Arkansas Fire and Police Pension Review Board and the Department of Health, Immunization Section were both reviewed without comment or questions from legislators.
9:17 am – Currently reviewing rule changes for Dept. of Human Services, County Operations concerning the Weatherization Assistance Program. Rep. Lea asked what constitutes “poverty” for the purposes of this program. The response was 200% of the Federal Poverty Guidelines. The Social Services Block Grant Comprehensive Services Program Plan rules reviewed without comment or question.
9:19 am – Former Rep. Jeff Wood is presenting rule changes for the Dept of Human Services, Medical Services. Rules for funding basis changed to match budget cycles. Senator Malone, the committee chair asked for clarification on the reason for the changes. Rep. Pennartz is asking about eligablity guidelines. The answer depends on category. Senator Malone is asking if there are other methods for dental care assistance. This is the only program paid by the state of Arkansas.
9:24 am – Audible indications of slumber evident in committee room, and yet, Rep. Pennartz had a question to ask.
9:27 am – You can always tell when the agency representative doesn’t want to talk about something because it gets listed on the agenda in some obscure code reference and/or form numbers without subject.
9:29 am – The Oil and Gas Commission is currently presenting rule changes.
9:41 am – Rep. Pennartz is asking how many complaints the Oil and Gas Commission had recieved about private water wells being impacted by activities associated with Fayetteville Shale drilling. There have been 6 complaints, all have been investigated by testing. None show indications of frac fluids. Rep. Pennartz is asking why these wells are being fouled? The response is that these are perhaps due to physical disruption but not contamination. When asked by Rep. Pennartz if that then is not a proximate cause, the Oil and Gas representative refused to concur. What the hell? I wish these folks would just answer the damn questions according to just a bit of common sense. If his first statement is true, then the second has to be.
9:48 am – The State Board of Pharmacy and the State Plant Board rule changes reviewed without question or comment by legislators.
9:50 am – Senator Malone requested that the State Plant Board look at rule changes concerning termite control business where the company changes hands and the continuity of contracts.
9:52 am – The Water Well Construction Commission is presenting 2009 AWWCC Proposed Rule Revisions concerning the abandonment of water wells. Rep Burris is asking about the rule changes in apprenticeship status. Apparently this is some sensible deregulation.
10:04 am – Representative Burris pointed out that this committee spent 30 minutes on all the other business and more than 30 additional minutes were dedicated to “how to fill a hole” with respect to abandoning water wells.
10:11 am – Currently reviewing procedures of the Dept. of Workforce Services, Board of Review, concerning an appeal of an Unemployment compensation determination. Note: I have recieved at least 30 complaints from constituents about problems with the Appeals Tribunal.
10:14 am – Senator Pritchard is giving background on his efforts to communicate with the board since the session. Senator Pritchard agreed to release their budget back during the session in exchange for addressing some of his concerns. The department has failed to comply with promises made during the session to get their budget released. Rep. Stewart is asking if there have been any changes to rules since January because it is not possible to determine by the inforrmation provided to the committee today.
10:23 am – Nicole Williams, Chairman of the Board of Review, is claiming that no specific rule or regulation needs to be changed to address Sen. Pritchard’s concerns, but rather informal changes have been made.
10:26 am – Sen. Hendren is asking about the fact that the State of Arkansas is more than a million dollars in debt to the federal goverment for unemployment compensation. Sen. Malone points out that while it is off the topic of the agenda, he give the background on how this occured. Sen. Malone assured the committee that there is some provision that allows the state to be indebted even though there is a constitutional prohibition against it.
10:35 am – Sen. Malone is currently asking question to help understand how the hearing process by the Board of Review occurs. The Chairman of the Board of Review has been rather difficult and defensive in responding to the questions and repeatedly resists implementing suggestions made by the legislators to allow employers to clear their name of false accusations made during the decision process for awarding benefits. Dept. claims that is not true.
10:45 am – Sen. Pritchard is pointing out that claimed policies are not being followed. He is discussing a specific case and going through point by point where the Dept. was dishonest about statements made about the documents being disclosed. Sen. Pritchard provided evidence that claims of confidentiality were incorrect.
10:49 am – Rep. Pennartz is asking Nicole Williams if they are a “tryer of fact” the chairman says they are. The chairman also claims they are a finder of facts. Rep. Pennartz is demonstrating that the Chairman does not know the legal boundaries or roles of the board.
10:53 am – Rep. Overby is asking if they operate under the Arkansas Administrative Procedures Act. Yes, they are and I am sure he knew that. Rep. Overby is asking questions taking them step by step in the procedure. He is pointing out that there is by the AAPA requires a record to be made.
11:00 am – Going back to promises made to Sen. Pritchard during the session, the claim is that it was not understood that he wanted a written rule or regulation to address the problem. I call bullshit, these unelected bureaucrats repeatedly game the system and take advantage of obstruction and delay to counter and reverse the will of term-limited legislators, and by extension the will of the people they represent.
11:08 am – Senator Malone is concurring with Sen. Pritchard’s request to develop additional written confidentiality protections and disclosure to affected parties.
11:14 am – There really should be press here to record and present this information to the public. Where did they all go?
11:16 am – Apparently in the unemployment benefit appeal process, new information and new allegations can be made and the employer may not even be made aware that accusations of criminal activity are made.
11:19 am – Committee adjourned, if anyone in the press gives a rip about reporting on an this important topic, contact Senator Bill Pritchard.
Filed under Uncategorized |
Comments are closed.
