Kentucky Statutes 13A.220 – Compliance with KRS 13A.222 and 13A.224 required — Filing with compiler — Format
Current as of: 2024 | Check for updates
|
Other versions
All administrative regulations shall comply with the provisions of KRS § 13A.222 and
13A.224.
(1) (a) An administrative body shall file with the regulations compiler:
1. The original and five (5) copies of an administrative regulation; and
2. At the same time as, or prior to, filing the paper version, an electronic version of the administrative regulation and required attachments saved as a single document for each administrative regulation in an electronic format approved by the regulations compiler.
(b) If there are differences between the paper copy and the electronic version of an administrative regulation filed with the regulations compiler, the electronic version shall be the controlling version.
(2) The original and four (4) copies of each administrative regulation shall be stapled in the top left corner. The fifth copy of each administrative regulation shall not be stapled. The original and the five (5) copies of each administrative regulation shall be grouped together.
(3) An amendment to an administrative regulation shall not be made on a copy of the administrative regulation reproduced from the Kentucky Administrative Regulations Service or the Administrative Register. It shall be a typed original in the format specified in subsection (4) of this section.
(4) The format of an administrative regulation shall be as follows:
(a) An administrative regulation shall be typewritten on white paper, size eight and one-half (8-1/2) by eleven (11) inches and shall be double-spaced through the last line of the body of the administrative regulation. The first page shall have a two (2) inch top margin. The administrative regulation shall be typed in a twelve (12) point font approved by the regulations compiler. The lines on each page shall be numbered, with each page starting with line number one (1). Pages of an administrative regulation and documents attached to the administrative regulation shall be numbered sequentially. Page numbers shall be centered in the bottom margin of each page. Copies of the administrative regulation may be mechanically reproduced;
(b) The regulations compiler shall place a stamp indicating the date and time of receipt of the administrative regulation in the two (2) inch margin on the first page;
(c) The cabinet, department, and division of the administrative body shall be listed on separate double-spaced lines two (2) inches from the top in the upper left hand corner of the first page. This shall be followed on the next double-spaced line by “(New Administrative Regulation),” “(Amendment),” “(Amended After Comments),” “(Repealer),” “(New Emergency Administrative Regulation),” “(Emergency Amendment),” “(Emergency Amended After Comments),” or “(Emergency Repealer),” whichever is applicable;
(d) The notation shall be followed by the number and title of the
administrative regulation on the next double-spaced line. The promulgating administrative body shall contact the regulations compiler prior to filing to obtain an administrative regulation number for a new administrative regulation;
(e) On the next double-spaced line following the number and title of an administrative regulation, after the words “RELATES TO:,” the administrative body shall list all statutes and other enactments, including any branch budget bills or executive orders, to which the administrative regulation relates or which shall be affected by the administrative regulation. After the words “STATUTORY AUTHORITY:” the administrative body shall list the specific statutes and other enactments, where applicable, authorizing the promulgation of the administrative regulation. Federal statutes and regulations shall be cited in the “RELATES TO:” and “STATUTORY AUTHORITY:” sections as provided by KRS § 13A.222(4)(n) and (o); and
(f) Following the citations provided for in paragraph (e) of this subsection, and following the words “NECESSITY, FUNCTION, AND CONFORMITY:” the administrative body shall include a brief statement setting forth the necessity for promulgating the administrative regulation, a summary of the functions intended to be implemented by the administrative regulation, and, if applicable, the statement required by KRS § 13A.245(2)(b).
(5) The numbering within the body of an administrative regulation shall be the responsibility of the promulgating body, subject to the authority of the regulations compiler to divide or renumber an administrative regulation. The following format shall be used by the administrative body in the numbering of each administrative regulation. Each section shall begin with the word “Section” followed by an Arabic number, and titles of sections shall be initially capitalized. Subsections shall be designated by an Arabic number in parentheses. Paragraphs shall be designated by lower case letters of the alphabet in parentheses (e.g., (a), (b), (c), etc.). Subparagraphs shall be designated by an Arabic number followed by a period (e.g., 1., 2., etc.). Clauses shall be designated by lower case letters of the alphabet followed by a period (e.g., a., b., c., etc.). Subclauses shall be designated by lower case Roman numerals in parentheses (e.g., (i), (ii), (iii), etc.). A section shall not be divided into subsections, paragraphs, subparagraphs, clauses, or subclauses if there is only one (1) item in that level of division.
(6) After the complete text of an administrative regulation, on the following page, the administrative body shall include the following information:
(a) If the provisions of KRS § 13A.120(3) are applicable, a statement that the official or the head of the administrative body has reviewed or approved the administrative regulation; the signature of such official or head; and the date on which such review or approval occurred;
(b) The authorizing signature of the administrative body promulgating the administrative regulation, and the date on which the administrative body approved the promulgation;
(c) Information relating to public hearings and the public comment period
required by KRS § 13A.270; and
(d) The name, position, mailing address, telephone number, e-mail address, and facsimile number of the contact person of the administrative body. The contact person shall be the person authorized by the head of an administrative body to:
1. Receive information relating to issues raised by the public or by a legislative committee prior to a public meeting of the legislative committee;
2. Negotiate changes in language with a legislative committee in order to resolve such issues; and
3. Answer questions relating to the administrative regulation.
(7) The format for signatures required by subsection (6)(a) and (b) of this section shall be as follows:
(a) The signature shall be placed on a signature line; and
(b) The name and title of the person signing shall be typed immediately beneath the signature line.
(8) An administrative body shall prominently display on its Web site:
(a) A notice that an administrative regulation has been filed with the
Commission;
(b) A summary of the administrative regulation including:
1. The number of the administrative regulation;
2. The title of the administrative regulation; and
3. Any changes made if it is an existing administrative regulation;
(c) Information on how to access the administrative regulation on the
Commission’s Web site; and
(d) The dates of the public comment period and the place, time, and date of the scheduled public hearing as well as the manner in which interested parties shall submit:
1. Notification of attending the public hearing; and
2. Written comments.
(9) (a) A letter of request, notification, or withdrawal required to be filed with the regulations compiler pursuant to this chapter may be filed electronically if the letter:
1. Is on the administrative body’s official letterhead; and
2. Contains the signature of a representative of that administrative body.
(b) Paragraph (a) of this subsection shall not apply to the letters required by
KRS § 13A.320(2)(b) for amendments at a legislative committee meeting.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 5, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 14, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 138, sec. 4, effective July 12, 2012. — Amended 2005 Ky. Acts ch. 100, sec. 6, effective June 20, 2005. — Amended 2003 Ky. Acts ch. 89, sec. 10, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 406, sec. 8, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 38, sec. 4, effective July
15, 1998. — Amended 1996 Ky. Acts ch. 180, sec. 8, effective July 15, 1996; and ch. 330, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 387, sec. 13, effective July 15, 1994; and ch. 410, sec. 12, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 516, sec. 22, effective July 15, 1990. — Amended
1988 Ky. Acts ch. 425, sec. 7, effective July 15, 1988. — Created 1984 Ky. Acts ch. 417, sec. 22, effective April 13, 1984.
13A.224.
Terms Used In Kentucky Statutes 13A.220
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Authorizing signature: means the signature of the head of the administrative body authorized by statute to promulgate administrative regulations. See Kentucky Statutes 13A.010
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Legislative committee: means an interim joint committee, a House or Senate standing committee, a statutory committee, or a subcommittee of the Legislative Research Commission. See Kentucky Statutes 13A.010
- Written comments: means comments submitted to the administrative body's contact person identified pursuant to KRS §. See Kentucky Statutes 13A.010
(1) (a) An administrative body shall file with the regulations compiler:
1. The original and five (5) copies of an administrative regulation; and
2. At the same time as, or prior to, filing the paper version, an electronic version of the administrative regulation and required attachments saved as a single document for each administrative regulation in an electronic format approved by the regulations compiler.
(b) If there are differences between the paper copy and the electronic version of an administrative regulation filed with the regulations compiler, the electronic version shall be the controlling version.
(2) The original and four (4) copies of each administrative regulation shall be stapled in the top left corner. The fifth copy of each administrative regulation shall not be stapled. The original and the five (5) copies of each administrative regulation shall be grouped together.
(3) An amendment to an administrative regulation shall not be made on a copy of the administrative regulation reproduced from the Kentucky Administrative Regulations Service or the Administrative Register. It shall be a typed original in the format specified in subsection (4) of this section.
(4) The format of an administrative regulation shall be as follows:
(a) An administrative regulation shall be typewritten on white paper, size eight and one-half (8-1/2) by eleven (11) inches and shall be double-spaced through the last line of the body of the administrative regulation. The first page shall have a two (2) inch top margin. The administrative regulation shall be typed in a twelve (12) point font approved by the regulations compiler. The lines on each page shall be numbered, with each page starting with line number one (1). Pages of an administrative regulation and documents attached to the administrative regulation shall be numbered sequentially. Page numbers shall be centered in the bottom margin of each page. Copies of the administrative regulation may be mechanically reproduced;
(b) The regulations compiler shall place a stamp indicating the date and time of receipt of the administrative regulation in the two (2) inch margin on the first page;
(c) The cabinet, department, and division of the administrative body shall be listed on separate double-spaced lines two (2) inches from the top in the upper left hand corner of the first page. This shall be followed on the next double-spaced line by “(New Administrative Regulation),” “(Amendment),” “(Amended After Comments),” “(Repealer),” “(New Emergency Administrative Regulation),” “(Emergency Amendment),” “(Emergency Amended After Comments),” or “(Emergency Repealer),” whichever is applicable;
(d) The notation shall be followed by the number and title of the
administrative regulation on the next double-spaced line. The promulgating administrative body shall contact the regulations compiler prior to filing to obtain an administrative regulation number for a new administrative regulation;
(e) On the next double-spaced line following the number and title of an administrative regulation, after the words “RELATES TO:,” the administrative body shall list all statutes and other enactments, including any branch budget bills or executive orders, to which the administrative regulation relates or which shall be affected by the administrative regulation. After the words “STATUTORY AUTHORITY:” the administrative body shall list the specific statutes and other enactments, where applicable, authorizing the promulgation of the administrative regulation. Federal statutes and regulations shall be cited in the “RELATES TO:” and “STATUTORY AUTHORITY:” sections as provided by KRS § 13A.222(4)(n) and (o); and
(f) Following the citations provided for in paragraph (e) of this subsection, and following the words “NECESSITY, FUNCTION, AND CONFORMITY:” the administrative body shall include a brief statement setting forth the necessity for promulgating the administrative regulation, a summary of the functions intended to be implemented by the administrative regulation, and, if applicable, the statement required by KRS § 13A.245(2)(b).
(5) The numbering within the body of an administrative regulation shall be the responsibility of the promulgating body, subject to the authority of the regulations compiler to divide or renumber an administrative regulation. The following format shall be used by the administrative body in the numbering of each administrative regulation. Each section shall begin with the word “Section” followed by an Arabic number, and titles of sections shall be initially capitalized. Subsections shall be designated by an Arabic number in parentheses. Paragraphs shall be designated by lower case letters of the alphabet in parentheses (e.g., (a), (b), (c), etc.). Subparagraphs shall be designated by an Arabic number followed by a period (e.g., 1., 2., etc.). Clauses shall be designated by lower case letters of the alphabet followed by a period (e.g., a., b., c., etc.). Subclauses shall be designated by lower case Roman numerals in parentheses (e.g., (i), (ii), (iii), etc.). A section shall not be divided into subsections, paragraphs, subparagraphs, clauses, or subclauses if there is only one (1) item in that level of division.
(6) After the complete text of an administrative regulation, on the following page, the administrative body shall include the following information:
(a) If the provisions of KRS § 13A.120(3) are applicable, a statement that the official or the head of the administrative body has reviewed or approved the administrative regulation; the signature of such official or head; and the date on which such review or approval occurred;
(b) The authorizing signature of the administrative body promulgating the administrative regulation, and the date on which the administrative body approved the promulgation;
(c) Information relating to public hearings and the public comment period
required by KRS § 13A.270; and
(d) The name, position, mailing address, telephone number, e-mail address, and facsimile number of the contact person of the administrative body. The contact person shall be the person authorized by the head of an administrative body to:
1. Receive information relating to issues raised by the public or by a legislative committee prior to a public meeting of the legislative committee;
2. Negotiate changes in language with a legislative committee in order to resolve such issues; and
3. Answer questions relating to the administrative regulation.
(7) The format for signatures required by subsection (6)(a) and (b) of this section shall be as follows:
(a) The signature shall be placed on a signature line; and
(b) The name and title of the person signing shall be typed immediately beneath the signature line.
(8) An administrative body shall prominently display on its Web site:
(a) A notice that an administrative regulation has been filed with the
Commission;
(b) A summary of the administrative regulation including:
1. The number of the administrative regulation;
2. The title of the administrative regulation; and
3. Any changes made if it is an existing administrative regulation;
(c) Information on how to access the administrative regulation on the
Commission’s Web site; and
(d) The dates of the public comment period and the place, time, and date of the scheduled public hearing as well as the manner in which interested parties shall submit:
1. Notification of attending the public hearing; and
2. Written comments.
(9) (a) A letter of request, notification, or withdrawal required to be filed with the regulations compiler pursuant to this chapter may be filed electronically if the letter:
1. Is on the administrative body’s official letterhead; and
2. Contains the signature of a representative of that administrative body.
(b) Paragraph (a) of this subsection shall not apply to the letters required by
KRS § 13A.320(2)(b) for amendments at a legislative committee meeting.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 5, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 14, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 138, sec. 4, effective July 12, 2012. — Amended 2005 Ky. Acts ch. 100, sec. 6, effective June 20, 2005. — Amended 2003 Ky. Acts ch. 89, sec. 10, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 406, sec. 8, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 38, sec. 4, effective July
15, 1998. — Amended 1996 Ky. Acts ch. 180, sec. 8, effective July 15, 1996; and ch. 330, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 387, sec. 13, effective July 15, 1994; and ch. 410, sec. 12, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 516, sec. 22, effective July 15, 1990. — Amended
1988 Ky. Acts ch. 425, sec. 7, effective July 15, 1988. — Created 1984 Ky. Acts ch. 417, sec. 22, effective April 13, 1984.