Kentucky Statutes 13A.100 – Matters which shall be prescribed by administrative regulation
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Subject to limitations in applicable statutes, any administrative body that is empowered to promulgate administrative regulations shall, by administrative regulation, prescribe, consistent with applicable statutes:
(1) Each statement of general applicability, policy, procedure, memorandum, or other form of action that implements; interprets; prescribes law or policy; describes the organization, procedure, or practice requirements of any administrative body; or affects private rights or procedures available to the public;
(2) The process for application for license, benefits available or other matters for which an application would be appropriate unless such process is prescribed by a statute;
(3) Fees, except for those exempted in paragraphs (a) to (j) of this subsection, to be charged by the administrative body if such fees are authorized by law and are not set by statute:
(a) State park room rates;
(b) Prices for food in restaurants at state facilities; (c) Prices for goods at gift shops at state facilities;
(d) Prices for groceries and other items sold at state facilities; (e) Prices charged for state publications;
(f) Prices charged for rides and amusement activities at state facilities; (g) Admission fees to athletic and entertainment events at state facilities;
(h) Charges for swimming, skiing, horseback riding, and similar recreational activities at state facilities;
(i) Charges for boat and equipment rentals for recreational purposes at state facilities; and
(j) Admission fees charged for seminars and educational courses by state administrative bodies;
(4) The procedures to be utilized by the administrative body in the conduct of hearings by or for the administrative body unless such procedures are prescribed by a statute; and
(5) The disciplinary procedures within the jurisdiction of the administrative body unless such procedures are prescribed by statute.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 6, effective July 15, 2016. — Amended
1990 Ky. Acts ch. 516, sec. 16, effective July 13, 1990. — Created 1984 Ky. Acts ch.
417, sec. 10, effective April 13, 1984.
Legislative Research Commission Note. Acts 1984, ch. 419, effective July 13, 1984, provides:
“Section 1. It is the intent of the General Assembly that the amendment of Section 10 by the Free Conference Committee report to 1984 HB 334 applies only to fees which are governmental in nature charged by state agencies and not to fees and charges which are proprietary in nature.
Section 2. This resolution may be used by a court as an aid in the construction of
1984 HB 334.”
(1) Each statement of general applicability, policy, procedure, memorandum, or other form of action that implements; interprets; prescribes law or policy; describes the organization, procedure, or practice requirements of any administrative body; or affects private rights or procedures available to the public;
Terms Used In Kentucky Statutes 13A.100
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administrative body: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity, except the General Assembly and the Court of Justice, authorized by law to promulgate administrative regulations. See Kentucky Statutes 13A.010
- Administrative regulation: means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body. See Kentucky Statutes 13A.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(2) The process for application for license, benefits available or other matters for which an application would be appropriate unless such process is prescribed by a statute;
(3) Fees, except for those exempted in paragraphs (a) to (j) of this subsection, to be charged by the administrative body if such fees are authorized by law and are not set by statute:
(a) State park room rates;
(b) Prices for food in restaurants at state facilities; (c) Prices for goods at gift shops at state facilities;
(d) Prices for groceries and other items sold at state facilities; (e) Prices charged for state publications;
(f) Prices charged for rides and amusement activities at state facilities; (g) Admission fees to athletic and entertainment events at state facilities;
(h) Charges for swimming, skiing, horseback riding, and similar recreational activities at state facilities;
(i) Charges for boat and equipment rentals for recreational purposes at state facilities; and
(j) Admission fees charged for seminars and educational courses by state administrative bodies;
(4) The procedures to be utilized by the administrative body in the conduct of hearings by or for the administrative body unless such procedures are prescribed by a statute; and
(5) The disciplinary procedures within the jurisdiction of the administrative body unless such procedures are prescribed by statute.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 6, effective July 15, 2016. — Amended
1990 Ky. Acts ch. 516, sec. 16, effective July 13, 1990. — Created 1984 Ky. Acts ch.
417, sec. 10, effective April 13, 1984.
Legislative Research Commission Note. Acts 1984, ch. 419, effective July 13, 1984, provides:
“Section 1. It is the intent of the General Assembly that the amendment of Section 10 by the Free Conference Committee report to 1984 HB 334 applies only to fees which are governmental in nature charged by state agencies and not to fees and charges which are proprietary in nature.
Section 2. This resolution may be used by a court as an aid in the construction of
1984 HB 334.”