Kentucky Statutes 13A.2255 – Amendment of material previously incorporated by reference
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(1) When an administrative body amends material that had been previously incorporated by reference, the amendment shall be accomplished by submission of:
(a) An amendment to the administrative regulation with a new edition date for the material incorporated by reference. The amendment shall be filed in accordance with:
1. KRS § 13A.220 to initiate a change in an existing administrative regulation;
2. KRS § 13A.280 to amend a proposed administrative regulation as a result of the hearing or written comments received; or
3. KRS § 13A.320 to amend a proposed administrative regulation at a legislative committee meeting;
(b) 1. An entire new document in which the amendments have been made but are not reflected in the manner specified in KRS § 13A.222(2).
2. If the new document has been developed by the promulgating administrative body, the entire document shall be displayed prominently on the administrative body’s Web site and the Uniform Resource Locator (URL) of the address where the material may be directly viewed on the agency’s Web site shall be included in the body of the administrative regulation.
3. If any materials incorporated by reference are subject to a valid copyright owned by a third party not controlled by the promulgating administrative body, the material shall be referenced by providing sufficient information to assist in locating the material from the third party;
(c) A detailed summary of the changes and their effect. This summary shall:
1. a. Describe changes that are being made in the material incorporated by reference, in sufficient detail that a person reading the summary will know the differences between the material previously incorporated by reference and the new material; or
b. List each change in the manner required by KRS
13A.320(2)(c) and (d); and
2. Be attached to the back of the administrative regulation or, if part of an amendment pursuant to KRS § 13A.320, to the amendment submitted for the legislative committee meeting; and
(d) The page or pages of any document developed by the promulgating administrative body in which changes have been made, with the changes accomplished in the manner specified in KRS § 13A.222(2). Notwithstanding KRS § 13A.040(6), the regulations compiler shall not be required to keep these marked copies once the administrative regulation has been adopted or withdrawn.
(2) (a) If the changes to the material incorporated by reference are technical in nature and authorized by KRS § 13A.040(10) or 13A.312, the administrative
body may submit to the regulations compiler a copy of the revised material incorporated by reference and a detailed letter explaining what changes are made and the reason for the changes.
(b) If the regulations compiler determines that the requested change does not affect the substance of the material incorporated by reference and that the change is authorized by KRS § 13A.040(10) or 13A.312, the edition date stated in the administrative regulation shall be changed to match the edition date on the revised material and the history line of that administrative regulation shall note that a technical amendment was made.
(c) If the requested change affects the substance of the material incorporated by reference or is not authorized by KRS § 13A.040(10) or
13A.312, the administrative body shall comply with subsection (1) of this section.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 7, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 19, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 138, sec. 7, effective July 12, 2012. — Amended 2005 Ky. Acts ch. 100, sec. 10, effective June 20, 2005. — Amended 2000 Ky. Acts ch.
406, sec. 13, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 410, sec.
15, effective July 15, 1994. — Created 1990 Ky. Acts ch. 516, sec. 8, effective
July 13, 1990.
(a) An amendment to the administrative regulation with a new edition date for the material incorporated by reference. The amendment shall be filed in accordance with:
Terms Used In Kentucky Statutes 13A.2255
- 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
- Adopted: means that an administrative regulation has become effective in accordance with the provisions of this chapter. 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.
- 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
- Proposed administrative regulation: means an administrative regulation that: (a) Has been filed by an administrative body. 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. KRS § 13A.220 to initiate a change in an existing administrative regulation;
2. KRS § 13A.280 to amend a proposed administrative regulation as a result of the hearing or written comments received; or
3. KRS § 13A.320 to amend a proposed administrative regulation at a legislative committee meeting;
(b) 1. An entire new document in which the amendments have been made but are not reflected in the manner specified in KRS § 13A.222(2).
2. If the new document has been developed by the promulgating administrative body, the entire document shall be displayed prominently on the administrative body’s Web site and the Uniform Resource Locator (URL) of the address where the material may be directly viewed on the agency’s Web site shall be included in the body of the administrative regulation.
3. If any materials incorporated by reference are subject to a valid copyright owned by a third party not controlled by the promulgating administrative body, the material shall be referenced by providing sufficient information to assist in locating the material from the third party;
(c) A detailed summary of the changes and their effect. This summary shall:
1. a. Describe changes that are being made in the material incorporated by reference, in sufficient detail that a person reading the summary will know the differences between the material previously incorporated by reference and the new material; or
b. List each change in the manner required by KRS
13A.320(2)(c) and (d); and
2. Be attached to the back of the administrative regulation or, if part of an amendment pursuant to KRS § 13A.320, to the amendment submitted for the legislative committee meeting; and
(d) The page or pages of any document developed by the promulgating administrative body in which changes have been made, with the changes accomplished in the manner specified in KRS § 13A.222(2). Notwithstanding KRS § 13A.040(6), the regulations compiler shall not be required to keep these marked copies once the administrative regulation has been adopted or withdrawn.
(2) (a) If the changes to the material incorporated by reference are technical in nature and authorized by KRS § 13A.040(10) or 13A.312, the administrative
body may submit to the regulations compiler a copy of the revised material incorporated by reference and a detailed letter explaining what changes are made and the reason for the changes.
(b) If the regulations compiler determines that the requested change does not affect the substance of the material incorporated by reference and that the change is authorized by KRS § 13A.040(10) or 13A.312, the edition date stated in the administrative regulation shall be changed to match the edition date on the revised material and the history line of that administrative regulation shall note that a technical amendment was made.
(c) If the requested change affects the substance of the material incorporated by reference or is not authorized by KRS § 13A.040(10) or
13A.312, the administrative body shall comply with subsection (1) of this section.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 7, effective February 2, 2021. — Amended 2016 Ky. Acts ch. 82, sec. 19, effective July 15, 2016. — Amended
2012 Ky. Acts ch. 138, sec. 7, effective July 12, 2012. — Amended 2005 Ky. Acts ch. 100, sec. 10, effective June 20, 2005. — Amended 2000 Ky. Acts ch.
406, sec. 13, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 410, sec.
15, effective July 15, 1994. — Created 1990 Ky. Acts ch. 516, sec. 8, effective
July 13, 1990.