(1) When promulgating administrative regulations and reviewing existing ones, administrative bodies shall, whenever possible, tier their administrative regulations to reduce disproportionate impacts on certain classes of regulated entities, including government or small business, or both, and to avoid regulating entities that do not contribute significantly to the problem the administrative regulation was designed to address. The tiers, however, shall be based upon reasonable criteria and uniformly applied to an entire class. Administrative bodies shall use any number of tiers that will solve most efficiently and effectively the problem the administrative regulation addresses. A written statement shall be submitted to the Legislative Research Commission explaining why tiering was or was not used.
(2) Administrative bodies may use, but shall not be limited to, the following methods of tiering administrative regulations:

Terms Used In Kentucky Statutes 13A.210

  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Small business: means a business entity, including its affiliates, that: (a) Is independently owned and operated. See Kentucky Statutes 13A.010
  • Tiering: means the tailoring of regulatory requirements to fit the particular circumstances surrounding regulated entities. See Kentucky Statutes 13A.010

(a) Reduce or modify substantive regulatory requirements; (b) Eliminate some requirements entirely;
(c) Simplify and reduce reporting and recordkeeping requirements;
(d) Provide exemptions from reporting and recordkeeping requirements; (e) Reduce the frequency of inspections;
(f) Provide exemptions from inspections and other compliance activities; (g) Delay compliance timetables;
(h) Reduce, modify, or waive fines or other penalties for noncompliance; and
(i) Address and alleviate special problems of individuals and small businesses in complying with an administrative regulation.
(3) When tiering regulatory requirements, administrative bodies may use, but shall not be limited to, size and nonsize variables. Size variables include number of citizens, number of employees, level of operating revenues, level of assets, and market shares. Nonsize variables include degree of risk posed to humans, technological and economic ability to comply, geographic locations, and level of federal funding.
(4) When modifying tiers, administrative bodies shall monitor, but shall not be limited to, the following variables:
(a) Changing demographic characteristics;
(b) Changes in the composition of the workforce;
(c) Changes in the inflation rate requiring revisions of dollar-denominated tiers; (d) Changes in market concentration and segmentation;
(e) Advances in technology; and
(f) Changes in legislation.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 165, sec. 4, effective July 13, 2004. — Amended
2003 Ky. Acts ch. 89, sec. 9, effective June 24, 2003. — Amended 1990 Ky. Acts ch.
516, sec. 21, effective July 13, 1990. — Created 1984 Ky. Acts ch. 417, sec. 21, effective April 13, 1984.

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