ADMINISTRATIVE REGULATIONS

KRS tit. III, ch. 13A

in effect

KRS 13A.010 Definitions for chapter

13A.010. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "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; (2) "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. The term includes an existing administrative regulation, a new administrative regulation, an emergency administrative regulation, an administrative regulation in contemplation of a statute, and the amendment or repeal of an existing administrative regulation, but does not include: (a) Statements concerning only the internal management of an administrative body and not affecting private rights or procedures available to the public; (b) Declaratory rulings; (c) Intradepartmental memoranda not in conflict with KRS 13A.130; (d) Statements relating to acquisition of property for highway purposes and statements relating to the construction or maintenance of highways; or (e) Rules, regulations, and policies of the governing boards of institutions that make up the postsecondary education system defined in KRS 164.001 pertaining to students attending or applicants to the institutions, to faculty and staff of the respective institutions, or to the control and maintenance of land and buildings occupied by the respective institutions; (3) "Adopted" means that an administrative regulation has become effective in accordance with the provisions of this chapter; (4) "Authorizing signature" means the signature of the head of the administrative body authorized by statute to promulgate administrative regulations; (5) "Commission" means the Legislative Research Commission; (6) "Effective" means an administrative regulation that has completed the legislative committee review established by KRS 13A.290, 13A.330, and 13A.331; (7) "Federal mandate" means any federal constitutional, legislative, or executive law or order that requires or permits any administrative body to engage in regulatory activities that impose compliance standards, reporting requirements, recordkeeping, or similar responsibilities upon entities in the Commonwealth; (8) "Federal mandate comparison" means a written statement containing the information required by KRS 13A.245; (9) "Filed" or "promulgated" means that an administrative regulation, or other document required to be filed by this chapter, has been submitted to the Commission in accordance with this chapter; (10) "Full review" means that a filed administrative regulation is on an agenda for: (a) The subcommittee as the last step required by this chapter prior to assignment in accordance with KRS 13A.290(6); (b) A legislative committee as the last step required by this chapter for an ordinary administrative regulation before becoming effective upon adjournment in accordance with KRS 13A.331(1) and (2); or (c) A legislative committee as an emergency administrative regulation being reviewed after assignment in accordance with KRS 13A.290(6) and (7); (11) "Last effective date" means the latter of: (a) The most recent date an ordinary administrative regulation became effective, without including the date a technical amendment was made pursuant to KRS 13A.040(10), 13A.2255(2), or 13A.312; or (b) The date a certification letter was filed with the regulations compiler for that administrative regulation pursuant to KRS 13A.3104(4), if the letter stated that the administrative regulation shall remain in effect without amendment; (12) "Legislative committee" means an interim joint committee, a House or Senate standing committee, a statutory committee, or a subcommittee of the Legislative Research Commission; (13) "Local government" means and includes a city, county, urban-county, charter county, consolidated local government, special district, or a quasi-governmental body authorized by the Kentucky Revised Statutes or a local ordinance; (14) "Major economic impact" means the combined implementation and compliance costs of an administrative regulation are at least five hundred thousand dollars ($500,000) over any two (2) year period; (15) "Proposed administrative regulation" means an administrative regulation that: (a) Has been filed by an administrative body; and (b) Has not become effective or been withdrawn; (16) "Regulatory impact analysis" means a written statement containing the provisions required by KRS 13A.240; (17) "Signature" means the application of letters or numbers that signify the intent to sign, are uniquely linked to the signer, and are: (a) Produced by manual or handwritten means; (b) An image of the manual or handwritten signature produced under paragraph (a) of this subsection; or (c) Produced by using a digital signature scheme or electronic confirmation method that allows for verification of authenticity; (18) "Small business" means a business entity, including its affiliates, that: (a) Is independently owned and operated; and (b) 1. Employs fewer than one hundred fifty (150) full-time employees or their equivalent; or 2. Has gross annual sales of less than six million dollars ($6,000,000); (19) "Statement of consideration" means the document required by KRS 13A.280 in which the administrative body summarizes the comments received, its responses to those comments, and the action taken, if any, as a result of those comments and responses; (20) "Subcommittee" means the Administrative Regulation Review Subcommittee of the Legislative Research Commission; (21) "Tiering" means the tailoring of regulatory requirements to fit the particular circumstances surrounding regulated entities; and (22) "Written comments" means comments submitted to the administrative body's contact person identified pursuant to KRS 13A.220(6)(d) via hand delivery, United States mail, email, or facsimile and may include but is not limited to comments submitted internally from within the promulgating administrative body or from another administrative body. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 1, effective February 25, 2025; ch. 88, sec. 1, effective June 27, 2025; and ch. 101, sec. 1, effective March 31, 2025. -- Amended 2022 Ky. Acts ch. 207, sec. 1, effective April 14, 2022. -- Amended 2021 Ky. Acts ch. 7, sec. 1, effective February 2, 2021. -- Amended 2017 Ky. Acts ch. 77, sec. 1, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 82, sec. 1, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 1, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 165, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 288, sec. 2, effective July 14, 2000; and ch. 406, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 9, effective July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 30, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 180, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 13, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 89, sec. 5, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 1, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 2, 88, and 101, which do not app ear to be in conflict and have been codified together. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 207, sec. 1. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS A ct, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.

KRS 13A.012 Repealed, 2005

13A.012. Repealed, 2005 Catchline at repeal: Inclusion of osteopaths within references to physicians in administrative regulations. History: Repealed 2005 Ky. Acts ch. 100, sec. 24, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 413, sec. 2, effective July 14, 2000.

KRS 13A.015 Repealed, 2003

13A.015. Repealed, 2003 Catchline at repeal: Notice of intent to promulgate an administrative regulation -- Public hearing. History: Repealed 2003, Ky. Acts ch. 89, sec. 21, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 288, sec. 1, effective July 14, 2000; and ch. 406, sec. 23, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 2, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 410, sec. 3, effective July 15, 1994.

KRS 13A.016 Repealed, 2003

13A.016. Repealed, 2003 Catchline at repeal: KRS 13A.015 inapplicable to administrative regulation promulgated only for drafting or format requirements. History: Repealed 2003, Ky. Acts ch. 89, sec. 21, effective June 24, 2003. -- Created 1994 Ky. Acts ch. 410, sec. 2, effective July 15, 1994.

KRS 13A.017 Repealed, 2003

13A.017. Repealed, 2003 Catchline at repeal: Consideration of comments from public hearing -- Post-hearing filings or notification. History: Repealed 2003, Ky. Acts ch. 89, sec. 21, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 3, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 410, sec. 4, effective July 15, 1994.

KRS 13A.020 Administrative Regulation Review Subcommittee -- Membership -- Meetings -- Vote required to act. (Effective until January 1, 2027)

13A.020. Administrative Regulation Review Subcommittee -- Membership -- Meetings -- Vote required to act. (Effective until January 1, 2027) (1) There is hereby created a permanent subcommittee of the Legislative Research Commission to be known as the Administrative Regulation Review Subcommittee. The subcommittee shall be composed of eight (8) members appointed as follows: three (3) members of the Senate appointed by the President; one (1) member of the minority party in the Senate appointed by the Mi nority Floor Leader in the Senate; three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives; and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader i n the House of Representatives. The members of the subcommittee shall serve for terms of two (2) years, and the members appointed from each chamber shall elect one (1) member from their chamber to serve as co-chair. Any vacancy that may occur in the membership of the subcommittee shall be filled by the same appointing authority who made the original appointment. (2) On an alternating basis, each co-chair shall have the first option to set the monthly meeting date. A monthly meeting may be rescheduled by agr eement of both co- chairs. The co-chairs shall have joint responsibilities for subcommittee meeting agendas and presiding at subcommittee meetings. The members of the subcommittee shall be compensated for attending meetings, as provided in KRS 7.090(3). (3) Any professional, clerical, or other employees required by the subcommittee shall be provided in accordance with the provisions of KRS 7.090(4) and (5). (4) A majority of the entire membership of the Administrative Regulation Review Subcommittee shall constitute a quorum, and all actions of the subcommittee shall be by vote of a majority of its entire membership. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 2, effective July 15, 2016. -- Amended 2003 Ky. Acts ch. 185, sec. 3, effective March 31, 2003. -- Created 1984 Ky. Acts ch. 417, sec. 2, effective April 13, 1984.

KRS 13A.030 Duties of subcommittee

13A.030. Duties of subcommittee (1) The Administrative Regulation Review Subcommittee shall: (a) Conduct a continuous study as to whether additional legislation or changes in legislation are needed based on various factors, including but not limited to review of new, emergency, and existing administrative regulations, the lack of administrative regulations, and the needs of administrative bodies; (b) Except as provided by KRS 158.6471 and 158.6472, review and comment upon effective administrative regulations pursuant to subsections (2), (3), and (4) of this section or administrative regulations filed with the Commission; (c) Make recommendations for changes in statutes, new statutes, repeal of statutes affecting administrative regulations or the ability of administrative bodies to promulgate them; and (d) Conduct such other studies relating to administrative regulations as may be assigned by the Commission. (2) The subcommittee may make a determination: (a) That an effective administrative regulation or an administrative regulation filed with the Commission is deficient because it: 1. Is wrongfully promulgated; 2. Appears to be in conflict with an existing statute; 3. Appears to have no statutory authority for its promulgation; 4. Appears to impose stricter or more burdensome state requirements than required by the federal mandate, without reasonable justification; 5. Fails to use tiering when tiering is applicable; 6. Is in excess of the administrative body's authority; 7. Appears to impose an unreasonable burden on government or small business, or both; 8. Is filed as an emergency administrative regulation without adequate justification of the emergency nature of the situation as described in KRS 13A.190(1); 9. Has not been noticed in conformance with the requirements of KRS 13A.270(3); 10. Does not provide an adequate cost analysis pursuant to KRS 13A.250; 11. Violates KRS 13A.105; 12. Was the subject of the subcommittee's instruction to an administrative body to appear under subsection (4) of this section and the administrative body failed to: a. Appear; b. Make a good-faith effort to answer subcommittee questions; or c. Provide any information or data required by the subcommittee; or 13. Appears to be deficient in any other manner ; (b) That an administrative regulation is needed to implement an existing statute; or (c) That an administrative regulation should be amended or repealed. (3) The subcommittee may conduct an informational review of an effective administrative regulation or an administrative regulation filed with the Commission if requested by a member of the subcommittee. (4) (a) The subcommittee may require any administrative body to appear before it to answer questions or submit data and information as required by the subcommittee in the performance of its duties under this chapter, and no administrative body shall fail to: 1. Appear before the subcommittee; 2. Make a good-faith effort to answer subcommittee questions; 3. Provide any information or data required by the subcommittee; or 4. Perform any combination of subparagraphs 1., 2., and 3. of this paragraph required by the subcommittee. (b) Either co-chair of the subcommittee may require action by an administrative body under paragraph (a) of this subsection on behalf of the subcommittee. (5) At least five (5) calendar days before an informational review of an ordinary administrative regulation, the subcommittee shall notify the affected administrative body. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 2, effective February 25, 2025; ch. 88, sec. 18, effective June 27, 2025; and ch. 101, sec. 2, effective March 31, 2025. -- Amended 2022 Ky. Acts ch. 207, sec. 4, effective April 14, 2022. -- Amended 2021 Ky. Acts ch. 7, sec. 2, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 2, effective June 27, 2019. -- Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 598, sec. 7, effective April 14, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 5, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 2, 88, and 101, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (4/14/2022). This statute was amended by 2 022 Ky. Acts ch. 207, sec. 4. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.

KRS 13A.032 Repealed, 2003

13A.032. Repealed, 2003 Catchline at repeal: Effect of finding of deficiency. History: Repealed 2003 Ky. Acts ch. 185, sec. 12, effective March 31, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 516, sec. 14, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 71, sec. 7, effective July 15, 1988.

KRS 13A.040 Administrative regulations compiler -- Duties

13A.040. Administrative regulations compiler -- Duties The director of the Legislative Research Commission shall appoint an administrative regulations compiler who shall: (1) Receive administrative regulations, and other documents required to be filed by the provisions of this chapter, tendered for filing; (2) Stamp administrative regulations tendered for filing with the time and date of receipt; (3) Provide administrative and support services to the subcommittee; (4) Maintain a file of administrative regulations and other documents required to be filed by this chapter, for public inspection, with suitable indexes; (5) Maintain a file of ineffective administrative regulations; (6) Maintain a file of material incorporated by reference, including superseded or ineffective material incorporated by reference; (7) Prepare the Kentucky Administrative Regulations Service; (8) Upon request, certify copies of administrative regulations and other documents that have been filed with the regulations compiler; (9) Correct errors that do not change the substance of an administrative regulation, including but not limited to typographical errors, errors in format, and grammatical errors; (10) (a) Change the following items in an administrative regulation in response to a specific written request for a technical amendment submitted by the administrative body if the regulations compiler determines that the requested changes do not affect the scope or substance of the administrative regulation and the changes are provided in accordance with KRS 13A.312(3): 1. The administrative body's identifying information, including address, phone number, fax number, website address, and email address; 2. Typographical errors, errors in format, and grammatical errors; 3. Citations to statutes or other administrative regulations if a format change within that statute or administrative regulation has changed the numbering or lettering of parts; or 4. Other changes in accordance with KRS 13A.312; and (b) Notify the administrative body within thirty (30) business days of receipt of a technical amendment letter the status of the request, including: 1. Any requested changes that are accepted as technical amendments; and 2. Any requested changes that are not accepted as technical amendments; (11) Refuse to accept for filing administrative regulations, and other documents required to be filed by this chapter, that do not conform to the drafting, formatting, or filing requirements established by the provisions of KRS 13A.105, 13A.190(5) to (11), 13A.220, 13A.222(1), (2), and (3), 13A.230, 13A.280, 13A.312, and 13A.320, and notify the administrative body in writing of the reasons for refusing to accept an administrative regulation for filing; (12) Maintain a list of all administrative regulation numbers and the corresponding last effective date, based on the information included in the history line of each administrative regulation; and (13) Perform other duties required by the Commission or by a legislative committee. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 2, effective June 27, 2025; and ch. 101, sec. 3, effective March 31, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 3, effective February 2, 2021; and ch. 125, sec. 2, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 3, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 77, sec. 2, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 82, sec. 3, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 2, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 2, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 38, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 4, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 6, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 15, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 425, sec. 4, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 4, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 88 and 101, which do not appear to be in conflict and have been codified together.

KRS 13A.050 Kentucky Administrative Regulations Service -- Administrative Register of Kentucky -- Publication dates -- Certificate of compiler -- Fees

13A.050. Kentucky Administrative Regulations Service -- Administrative Register of Kentucky -- Publication dates -- Certificate of compiler -- Fees (1) The Legislative Research Commission shall compile, publish, and distribute the administrative regulations filed by administrative bodies. This compilation shall be known as the Kentucky Administrative Regulations Service. The Legislative Research Commission shall maintain the official version of the administrative regulations in an electronic database that shall be made available to the public as provided by KRS 7.500. (2) (a) There is hereby created a publication known as "Administrative Register of Kentucky" or "Administrative Register" to be published on a monthly basis by the Legislative Research Commission for the purpose of giving notice of administrative regulations filed in accordance with this chapter. (b) Every administrative regulation forwarded to the Legislative Research Commission shall have its complete text published in the Administrative Register along with the accompanying statements required by KRS 13A.190, 13A.210, 13A.2251(1), 13A.240, 13A.245, 13A.250, and 13A.270. (c) Within five (5) workdays of the publication of an administrative regulation in the Administrative Register, an administrative body shall: 1. Review the text and accompanying statements of the administrative regulation; and 2. Notify the regulations compiler in writing or by e-mail of errors. (3) The Administrative Register shall be published the first day of each month and shall include all administrative regulations received by the Legislative Research Commission by 12 noon, eastern time, on the fifteenth day of the preceding month. When the fifteenth day falls on a Saturday, Sunday, or holiday, the deadline is the workday that immediately precedes the Saturday, Sunday, or holiday. (4) The compiler shall cause to be prepared a certificate to the effect that the text of the administrative regulations as published in this service is correct. One (1) copy of the Kentucky Administrative Regulations Service with the original certificate therein shall be provided to the Office of the Secretary of State. (5) The Commission shall prescribe reasonable fees for subscription to the Kentucky Administrative Regulations Service and the Administrative Register. All fees paid to the Commission for these publications shall be placed in the State Treasury to the credit of a revolving trust or agency fund account, for use by the Legislative Research Commission in carrying out the provisions of this section. (6) Copies of administrative regulations or other items required to be filed by this chapter shall be made available to any interested party upon request to the Legislative Research Commission. The Commission may prescribe reasonable fees for duplication services and all fees paid to the Commission for duplication services shall be placed in the State Treasury to the credit of a revolving trust or agency fund account, for use by the Legislative Research Commission in carrying out the provisions of this subsection. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 4, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 3, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 3, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 5, effective June 24, 2003. -- Amended 1996 Ky. Acts ch. 180, sec. 5, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 7, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 417, sec. 5, effective April 13, 1984.

KRS 13A.060 Exclusive publication by Legislative Research Commission -- Copies available to members of General Assembly

13A.060. Exclusive publication by Legislative Research Commission -- Copies available to members of General Assembly (1) No administrative body other than the Legislative Research Commission shall publish administrative regulations unless permission is granted by the Legislative Research Commission and the administrative regulations are enclosed in a booklet or binder on which the words "informational copy" are clearly stamped or printed. (2) Copies of the Administrative Register and the Kentucky Administrative Regulations Service shall be provided to a member of the General Assembly only upon the request of the member. Effective: April 13, 1984 History: Created 1984 Ky. Acts ch. 417, sec. 6, effective April 13, 1984.

KRS 13A.070 Administrative regulations promulgated by Commission -- Assistance to administrative bodies

13A.070. Administrative regulations promulgated by Commission -- Assistance to administrative bodies (1) The Commission may promulgate administrative regulations governing the manner and form in which administrative regulations shall be prepared, to the end that all administrative regulations shall be prepared in a uniform manner. (2) The Commission shall furnish advice and assistance to all administrative bodies in the preparation of their administrative regulations, and in revising, codifying, and editing existing or new administrative regulations. (3) An administrative regulation promulgated by the Commission shall be signed by the President of the Senate and the Speaker of the House of Representatives. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 5, effective July 15, 2016. -- Amended 2000 Ky. Acts ch. 406, sec. 6, effective July 14, 2000. -- Created 1984 Ky. Acts ch. 417, sec. 7, effective April 13, 1984.

KRS 13A.075 Repealed, 2016

13A.075. Repealed, 2016 Catchline at repeal: Legislative Research Commission may promulgate regulations. History: Repealed 2016 Ky. Acts ch. 82, sec. 36, effective July 15, 2016. -- Created 1990 Ky. Acts ch. 516, sec. 3, effective July 13, 1990.

KRS 13A.080 Repealed, 2012.Catchline at repeal: Inclusion in Administrative Register of notice of review process and procedures for public comment

KRS 13A.090 Rebuttable presumption of correctness of content of administrative regulations -- Judicial notice

13A.090. Rebuttable presumption of correctness of content of administrative regulations -- Judicial notice (1) The Commission's authenticated file stamp upon an administrative regulation or publication of an administrative regulation in the Kentucky Administrative Regulations Service or other publication shall raise a rebuttable presumption that the contents of the administrative regulation are correct. (2) The courts shall take judicial notice of any administrative regulation duly filed under the provisions of this chapter after the administrative regulation has been adopted. Effective: April 13, 1984 History: Created 1984 Ky. Acts ch. 417, sec. 9, effective April 13, 1984.

KRS 13A.100 Matters which shall be prescribed by administrative regulation

13A.100. Matters which shall be prescribed by administrative regulation Subject to limitations in applicable statutes, including KRS 13A.105 and 197.020(5), 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 the 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 the 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 t he conduct of hearings by or for the administrative body unless the procedures are prescribed by a statute; and (5) The disciplinary procedures within the jurisdiction of the administrative body unless the procedures are prescribed by statute. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 181, sec. 1, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 101, sec. 4, effective March 31, 2025. -- 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."

KRS 13A.105 Promulgation of administrative regulations -- Criteria -- Certification by administrative body and Governor

13A.105. Promulgation of administrative regulations -- Criteria -- Certification by administrative body and Governor (1) Except as provided in subsection (2) of this section, after March 31, 2025, an administrative body shall not file or promulgate, or have power or authority to promulgate, any new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing r egulation, or administrative regulation repealing an existing regulation. (2) Notwithstanding subsection (1) of this section, an administrative body shall have authority to promulgate a new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing administrative regulation if the administrative body is given statutory authority to promulgate administrative regulations in a particular subject matter and certifies in the administrative regulation that the administrative regulation: (a) Will not have a major economic impact; (b) Is an emergency administrative regulation that must be put into effect immediately to meet an imminent threat to public health, safety, or welfare; (c) Is necessary to prevent the loss of federal or state funds; (d) Is necessary to meet a deadline that is established by federal law, federal regulation, or state law; (e) Is necessary to comply with a final order from a court of competent jurisdiction; or (f) Relates to the licensure and regulation of health facilities and services pursuant to KRS Chapter 216B. (3) An administrative regulation filed or promulgated by any of the following administrative bodies, or by an office, division, or other unit within any of the following administrative bodies, shall include the Governor's certification that it meets one (1) or more of the six (6) criteria set forth in subsection (2) of this section in addition to the administrative body's certification that it meets one (1) or more of the six (6) criteria set forth in subsection (2) of this section: (a) The Governor, Lieutenant Governor, and Office of the Governor; (b) Justice and Public Safety Cabinet; (c) Energy and Environment Cabinet; (d) Public Protection Cabinet; (e) Transportation Cabinet; (f) Cabinet for Economic Development; (g) Cabinet for Health and Family Services; (h) Finance and Administration Cabinet; (i) Tourism, Arts and Heritage Cabinet; (j) Personnel Cabinet; (k) Education and Labor Cabinet; (l) Department of Education; (m) Council on Postsecondary Education; (n) Department of Military Affairs; (o) Department for Local Government; (p) Kentucky Commission on Human Rights; (q) Kentucky Commission on Women; (r) Department of Veterans' Affairs; (s) Kentucky Commission on Military Affairs; (t) Office of Minority Empowerment; (u) Governor's Council on Wellness and Physical Activity; (v) Kentucky Communications Network Authority; (w) Executive Branch Ethics Commission; (x) Teachers' Retirement System; and (y) Kentucky Public Pensions Authority. (4) Any administrative regulation that any person causes to be filed or promulgated, or attempts to file or promulgate, in violation of this section shall be null, void, and unenforceable. Effective: March 31, 2025 History: Created 2025 Ky. Acts ch. 101, sec. 8, effective March 31, 2025.

KRS 13A.107 Certification by Governor not required for certain administrative bodies

13A.107. Certification by Governor not required for certain administrative bodies Notwithstanding any law to the contrary, the Governor's signature or certification shall not be required for the following administrative bodies to promulgate an emergency or ordinary administrative regulation: (1) The Kentucky Lottery Corporation; and (2) The Kentucky Horse Racing and Gaming Corporation. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 184, sec. 2, effective July 15, 2026.

KRS 13A.110 Prescription of forms and tables

13A.110. Prescription of forms and tables Except as provided in KRS 131.131, and subject to limitations in applicable statutes, any administrative body that is empowered to promulgate administrative regulations may, consistent with applicable statutes, prescribe forms and tables for use by the administrative body and for the public in dealing with the administrative body unless the content of such form is prescribed by a statute. Forms that are required to be submitted by a regulated entity shall be included in an administrative regulation. Forms and tables that meet the requirements of KRS 13A.2245 may be incorporated by reference. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 7, effective July 15, 2016. -- Amended 1990 Ky. Acts ch. 516, sec. 17, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 417, sec. 11, effective April 13, 1984.

KRS 13A.120 Promulgation of administrative regulations -- Prohibitions concerning promulgations

13A.120. Promulgation of administrative regulations -- Prohibitions concerning promulgations (1) (a) An administrative body may promulgate administrative regulations to implement a statute only when the act of the General Assembly creating or amending the statute specifically authorizes the promulgation of administrative regulations or administrative regulations are required by federal law, in which case administrative regulations shall be no more stringent than the federal law or regulations. (b) An administrative body that promulgates an administrative regulation required by federal law or federal regulation shall comply with the provisions of this chapter. (2) An administrative body shall not promulgate administrative regulations: (a) When a statute prohibits the administrative body from promulgating administrative regulations; (b) When the administrative body is not authorized by statute to promulgate administrative regulations; (c) When a statute prohibits the administrative body from regulation of that particular matter; (d) When the administrative body is not authorized by statute to regulate that particular matter; (e) When a statute prescribes the same or similar procedure for the matter regulated; (f) When a statute sets forth a comprehensive scheme of regulation of the particular matter; (g) On any matter that is not clearly within the jurisdiction of the administrative body; (h) On any matter that is beyond the statutory authorization of the administrative body to promulgate administrative regulations or that is not clearly authorized by statute; and (i) That modify or vitiate a statute or its intent. (3) If a statute requires an administrative body or official to submit an administrative regulation to an official or administrative body for review or approval prior to filing the administrative regulation with the commission, the administrative body or official shall not file the administrative regulation without first having obtained the review or approval. (4) Any administrative regulation in violation of this section or the spirit thereof is null, void, and unenforceable. (5) No administrative body, other than the Court of Justice, shall issue rules. (6) No administrative body shall issue standards or by any other name issue a document of any type where an administrative regulation is required or authorized by law. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 8, effective July 15, 2016. -- Amended 1996 Ky. Acts ch. 180, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 9, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 18, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 499, sec. 8, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 12, effective April 13, 1984.

KRS 13A.125 Restrictions on filing subsequent proposed administrative regulation with same number and title

13A.125. Restrictions on filing subsequent proposed administrative regulation with same number and title Prior to the effective date of a proposed administrative regulation, an administrative body shall not file a subsequent proposed administrative regulation with the same number or title unless: (1) The proposed administrative regulation already filed is withdrawn in accordance with KRS 13A.310; and (2) A subsequent proposed administrative regulation is filed in accordance with KRS 13A.220. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 9, effective July 15, 2016. -- Amended 2003 Ky. Acts ch. 89, sec. 7, effective June 24, 2003. -- Created 1990 Ky. Acts ch. 516, sec. 2, effective July 13, 1990.

KRS 13A.130 Matters prohibited as subject of internal policy, memorandum, or other form of action

13A.130. Matters prohibited as subject of internal policy, memorandum, or other form of action (1) An administrative body shall not by internal policy, memorandum, or other form of action: (a) Modify a statute or administrative regulation; (b) Expand upon or limit a statute or administrative regulation; or (c) Except as authorized by the Constitution of the United States, the Constitution of Kentucky, or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Constitution of Kentucky, a statute, or an administrative regulation. (2) Any administrative body memorandum, internal policy, or other form of action violative of this section or the spirit thereof is null, void, and unenforceable. (3) This section shall not be construed to prohibit an administrative body issuing an opinion or administrative decision that is authorized by statute. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 10, effective July 15, 2016. -- Created 1984 Ky. Acts ch. 417, sec. 13, effective April 13, 1984.

KRS 13A.140 Repealed, 2016

13A.140. Repealed, 2016 Catchline at repeal: Administrative regulations presumed valid -- Promulgating administrative body to bear burden of proof in court challenge. History: Repealed 2016 Ky. Acts ch. 82, sec. 36, effective July 15, 2016. -- Created 1984 Ky. Acts ch. 417, sec. 14, effective April 13, 1984.

KRS 13A.150 Specified time for filing

13A.150. Specified time for filing (1) When any section of this chapter requires that an action be taken at a specified date with regard to filing of items to the Commission and the section does not specify a time deadline, they shall be filed on or before 12 noon, eastern time, on the specified date. (2) When any section of this chapter requires that an action be taken at a specified date and the specified date falls on a Saturday, Sunday, or holiday, the action shall be taken on or before 12 noon, eastern time, on the working day immediately preceding the Saturday, Sunday, or holiday unless the statute specifies a different deadline. (3) When any section of this chapter requires that a meeting be held on or before a specified date and the specified date falls on a Saturday, Sunday, or holiday, the meeting shall be held on or before close of business on the working day immediately following the Saturday, Sunday, or holiday. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 100, sec. 4, effective June 20, 2005. -- Amended 1990 Ky. Acts ch. 516, sec. 19, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 425, sec. 5, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 15, effective April 13, 1984.

KRS 13A.160 Repealed, 2012.Catchline at repeal: Notice of hearing to compiler when hearing is required before filing of administrative regulations -- Publication

KRS 13A.170 Methods of promulgating administrative regulations

13A.170. Methods of promulgating administrative regulations Three (3) methods of promulgating administrative regulations are authorized: (1) An ordinary administrative regulation; (2) An emergency administrative regulation; and (3) An administrative regulation in contemplation of a statute. Effective: April 13, 1984 History: Created 1984 Ky. Acts ch. 417, sec. 17, effective April 13, 1984.

KRS 13A.180 Ordinary administrative regulation defined

13A.180. Ordinary administrative regulation defined An ordinary administrative regulation is one that is promulgated in the normal manner by an administrative body and that does not require that it be placed in effect immediately. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 11, effective July 15, 2016. -- Created 1984 Ky. Acts ch. 417, sec. 18, effective April 13, 1984.

KRS 13A.190 Emergency administrative regulations

13A.190. Emergency administrative regulations (1) An emergency administrative regulation is an administrative regulation that: (a) An administrative body can clearly demonstrate, through documentary evidence submitted with the filing of the emergency administrative regulation, must be placed into effect immediately in order to: 1. Meet an imminent threat to public health, safety, welfare, or the environment; 2. Prevent an imminent loss of federal or state funds; 3. Meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute or federal law; or 4. Comply with an executive order issued under KRS Chapter 39A; and (b) 1. Is temporary in nature and will expire as provided in this section; or 2. Is temporary in nature and will be replaced by an ordinary administrative regulation as provided in this section. For the purposes of this section, "imminent" means within two hundred seventy (270) days of the filing of the emergency administrative regulation. (2) An agency's finding of an emergency pursuant to this section shall not be based on the agency's failure to timely process and file administrative regulations through the ordinary administrative regulation process. (3) An emergency administrative regulation: (a) Shall become effective and shall be considered as adopted upon filing; (b) Shall be published in the Administrative Register in accordance with the publication deadline established in KRS 13A.050(3); (c) Shall be subject to the public comment provisions established in KRS 13A.270 and 13A.280; (d) 1. May be reviewed at a subsequent meeting of a legislative committee after the filing of the emergency administrative regulation; and 2. May, by a vote of the majority of the legislative committee's membership as established by KRS 13A.020(4) and 13A.290(9), be found to be deficient, and the deficiency shall be reported to the Governor pursuant to KRS 13A.330(2); and (e) May be amended: 1. By the promulgating administrative body after receiving public comments as established in KRS 13A.280. The amended after comments version shall: a. Become effective upon filing; and b. Not require a statement of emergency; or 2. At a legislative committee meeting as established in KRS 13A.320. The amendment shall be approved as established by KRS 13A.020(4) or KRS 13A.290(9). The amended version shall become effective upon adjournment of the meeting following the procedures established in KRS 13A.020(4) or 13A.331(1) and (2). (4) (a) Except as provided by paragraph (b) of this subsection, emergency administrative regulations shall expire two hundred seventy (270) days after the date of filing or when the same matter filed as an ordinary administrative regulation filed for review is adopted, whichever occurs first. (b) If an administrative body extends the time for filing a statement of consideration for an ordinary administrative regulation as provided by KRS 13A.280(2)(b), an emergency administrative regulation shall remain in effect for two hundred seventy (270) days after the date of filing plus the number of days extended under the provisions of KRS 13A.280(2)(b) or when the same matter filed as an ordinary administrative regulation filed for review is adopted, whichever occurs first. (c) Filing an emergency amended after comments administrative regulation shall not affect the expiration of an emergency regulation as established in paragraphs (a) and (b) of this subsection. (5) Except as established in subsection (6) of this section, an emergency administrative regulation with the same number or title or governing the same subject matter shall not be filed for a period of two hundred seventy (270) days after it has been initially filed. (6) If an emergency administrative regulation with the same number or title or governing the same subject matter as an emergency administrative regulation filed within the previous two hundred seventy (270) days is filed, it shall contain a detailed explanation of the manner in which it differs from the previously filed emergency administrative regulation. The detailed explanation shall be included in the statement of emergency required by subsection (7) of this section. (7) Each emergency administrative regulation shall contain a statement of: (a) The nature of the emergency; (b) The reasons why an ordinary administrative regulation is not sufficient; (c) Whether or not the emergency administrative regulation will be replaced by an ordinary administrative regulation; (d) If the emergency administrative regulation will be replaced by an ordinary administrative regulation, the following statement: "The ordinary administrative regulation (is or is not) identical to this emergency administrative regulation."; (e) If the emergency administrative regulation will not be replaced by an ordinary administrative regulation, the reasons therefor; and (f) If applicable, the explanation required by subsection (6) of this section. (8) (a) An administrative body shall attach the: 1. Statement of emergency required by subsection (7) of this section to the front of the original and each copy of a proposed emergency administrative regulation; 2. Public hearing and public comment period information required by KRS 13A.270(2), regulatory impact analysis, tiering statement, federal mandate comparison, fiscal note, summary of material incorporated by reference if applicable, and other forms or documents required by the provisions of this chapter to the back of the emergency administrative regulation; and 3. Documentary evidence submitted justifying the finding of an emergency in accordance with subsection (1) of this section to the back of the emergency regulation if it is: a. No more than ten (10) pages in length; and b. Typewritten on white paper, size eight and one -half (8-1/2) by eleven (11) inches, and single -sided. Larger volumes of documentary evidence shall be filed in a separate binder, on a CD-ROM or DVD disc, or in a different electronic format approved by the regulations compiler. (b) An administrative body shall file with the regulations compiler: 1. The original and four (4) copies of the emergency administrative regulation; and 2. At the same time as, or prior to, filing the paper version, an electronic version of the emergency administrative regulation and the attachments required by paragraph (a) of this subsection saved as a single document for each emergency administrative regulation in an electronic format approved by the regulations compiler. (c) 1. Each original emergency administrative regulation shall be single -sided and stapled in the top left corner. 2. One (1) of the copies shall be single -sided and unstapled. 3. The other three (3) copies shall be stapled in the top left corner and may be double-sided. 4. The original and the four (4) copies of each emergency administrative regulation shall be grouped together. (9) The statement of emergency shall have a two (2) inch top margin. The number of the emergency administrative regulation shall be typed directly below the heading "Statement of Emergency." The number of the emergency administrative regulation shall be the same number as the ordinary administrative regulation followed by an "E." (10) Each executive department emergency administrative regulation shall be signed by the head of the administrative body and countersigned by the Governor prior to filing with the Commission. These signatures shall be on the statement of emergency attached to the front of the emergency administrative regulation. (11) If an emergency administrative regulation will be replaced by an ordinary administrative regulation, the ordinary administrative regulation shall be filed at the same time as the emergency administrative regulation that it will replace. (12) If an ordinary administrative regulation that was filed to replace an emergency administrative regulation: (a) Is withdrawn: 1. The emergency administrative regulation shall expire on th e date the ordinary administrative regulation is withdrawn; and 2. The administrative body shall inform the regulations compiler of the reasons for withdrawal in writing; or (b) Expires, the emergency administrative regulation shall expire on the date the ordinary administrative regulation expires pursuant to KRS 13A.315(1). (13) (a) If an emergency administrative regulation that was intended to be replaced by an ordinary administrative regulation is withdrawn, the emergency administrative regulation shall expire on the date it is withdrawn. (b) If an emergency administrative regulation has been withdrawn, the ordinary administrative regulation that was filed with it shall not expire unless the administrative body informs the regulations compiler that the ordinary administrative regulation is also withdrawn. (c) If an emergency administrative regulation is withdrawn, the administrative body shall inform the regulations compiler of the reasons for withdrawal in writing. (14) The administrative regulations compiler shall notify all legislative committees of the number, title, and subject matter of all emergency administrative regulations and shall forward any additional information filed about the emergency administrative regulation requested by a legislative committee. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 3, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 4, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 4, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 12, effective July 15, 2016. -- Amended 2005 Ky. Acts ch. 100, sec. 5, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 8, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 180, sec. 7, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 10, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 20, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 1, effective July 15, 1988; and ch. 425, sec. 6, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 19, effective April 13, 1984.

KRS 13A.200 Administrative regulation in contemplation of a statute -- Procedure

13A.200. Administrative regulation in contemplation of a statute -- Procedure An administrative regulation in contemplation of a statute provides a means whereby an administrative body may promulgate and file an administrative regulation following the enactment of a statute authorizing or directing its promulgation by the General Assembly and its approval by the Governor or its becoming law without signature but before the effective date subject to the following: (1) The administrative regulation may be filed any time after signature by the Governor or upon the act becoming law without the Governor's signature but prior to the act's effective date; (2) The administrative regulation may be reviewed, hearings held, and all other steps taken with regard thereto, except for adoption, prior to the effective date of the statute that authorized or directed its issuance; (3) All dates and other procedures that apply to an ordinary administrative regulation shall apply to an administrative regulation in contemplation of a statute; and (4) An administrative regulation in contemplation of a statute shall in all other respects be considered as an ordinary administrative regulation. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 13, effective July 15, 2016. -- Amended 1994 Ky. Acts ch. 410, sec. 11, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 417, sec. 20, effective April 13, 1984.

KRS 13A.210 Tiering of administrative regulations

13A.210. Tiering of administrative regulations (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: (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.

KRS 13A.215 Use of administrative regulation management application – Paper-based filing requirements -- Notification to the regulations compiler

13A.215. Use of administrative regulation management application – Paper-based filing requirements -- Notification to the regulations compiler (1) An administrative body may use an administrative regulation management application developed and maintained by the Legislative Research Commission, if available, to satisfy the following requirements of this chapter: (a) Paper-based filing requirements; and (b) Notifications to the regulations compiler. (2) If the filing and notification requirements of this chapter are not available in the administrative regulation management application, the administrative body shall use the paper-based process established by this chapter. (3) Paper-based shall include any procedure in this chapter that requires an administrative body to file or submit a hard copy to the compiler. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 125, sec. 1, effective June 29, 2021.

KRS 13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with compiler -- Format

13A.220. Compliance with KRS 13A.222 and 13A.224 required -- Filing with compiler -- Format 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 four (4) 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 electroni c version shall be the controlling version. (2) (a) Each original administrative regulation shall be single -sided and stapled in the top left corner. (b) One (1) of the copies shall be single -sided and unstapled. (c) The other three (3) copies shall be stapled in the top left corner and may be double-sided. (d) The original and the four (4) 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 t he 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 bod y, 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 d esignated 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 a statute requires an administrative body or official to submit an administrative regulation to an official or adm inistrative body for review or approval prior to filing the administrative regulation with the Commission, a statement that the official or the head of the administrative body has reviewed or approved the administrative regulation; the signature of such of ficial 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, email 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) Within five (5) working days of filing an administrative regulation, an administrative body shall prominently display on its website: (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. A brief explanation of the administrative regulation if new or the changes made if it is an existing administrative regulation; (c) Information on how to access the administrative regulation on the Commission's website; 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: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 4, effective June 27, 2025; and ch. 101, sec. 5, effective March 31, 2025. -- 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. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 88 and 101, which do not appear to be in conflict and have been codified together.

KRS 13A.221 Division of subject matter of administrative regulation

13A.221. Division of subject matter of administrative regulation (1) An administrative body shall divide the general subject matter of administrative regulations it promulgates into topics. A separate administrative regulation shall be promulgated for each topic. (2) An administrative body shall not incorporate all material relating to a general subject matter in one (1) administrative regulation. Material incorporated by reference shall be incorporated by reference in the administrative regulation governing the specific topic to which the material relates. (3) When an administrative regulation is promulgated, the administrative body shall review the administrative regulation, whether it is new or amended, in its entirety for compliance with the requirements of KRS Chapter 13A and current law governing the subject matter of the administrative regulation. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 15, effective July 15, 2016. -- Amended 2000 Ky. Acts ch. 406, sec. 9, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 516, sec. 12, effective July 13, 1990.

KRS 13A.222 Drafting rules

13A.222. Drafting rules (1) In a new administrative regulation, there shall be no underlining or bracketing. (2) In an amendment to an administrative regulation, the new words shall precede the deleted words. The administrative body shall: (a) Underline all new words; and (b) Place the deleted words in brackets and strike through these words. (3) (a) An administrative regulation shall not be amended by reference to a section only. An amendment shall contain the full text of the existing administrative regulation being amended. All changes made to the text of the existing administrative regulation shall be marked as required by subsection (2) of this section. (b) A section of an administrative regulation shall not be reserved for future use. (4) In drafting administrative regulations, the administrative body shall comply with the following requirements: (a) The administrative body shall use plain and unambiguous words that are easily understood by laymen. The administrative body shall avoid ambiguous, indefinite, or superfluous words and phrases; (b) A duty, obligation, or prohibition shall be expressed by "shall" or "shall not." "Should," "could," or "must" shall not be used. The future tense shall not be expressed by the word "shall." A discretionary power shall be expressed by "may"; (c) The words "said," "aforesaid," "hereinabove," "hereinafter," "beforementioned," "whatsoever," or similar words of reference or emphasis shall not be used. Where an article may be used, the administrative body shall not use the word "such." It shall not use the expression "and/or" and shall not separate alternatives with a slash. It shall not use contractions. When a number of items are all mandatory, the word "and" shall be used. When all of a number of items are not mandatory, the word "or" shall be used; (d) Certain words are defined in the Kentucky Revised Statutes. Where applicable, these definitions shall be used. Definitions appearing in the Kentucky Revised Statutes shall not be duplicated in a proposed administrative regulation. A reference shall be made to the chapters and sections of the Kentucky Revised Statutes in which the definitions appear. The format for this reference shall be: "("Defined term") is defined by KRS (specific citation)."; (e) 1. If definitions are used, they shall be placed in alphabetical order in the first section of an administrative regulation or in a separate administrative regulation. 2. a. If definitions are placed in the first section of an administrative regulation, the definitions shall govern only the terms in that administrative regulation. b. The section shall be titled "Definition." or "Definitions." c. A definition shall not be included in a definitions section if the defined term is not used in that administrative regulation or the material incorporated by reference in that administrative regulation. 3. a. If definitions are placed in a separate administrative regulation, that administrative regulation shall be the first administrative regulation of the specific chapter of the Kentucky Administrative Regulations Service to which the definitions apply. b. The title of the administrative regulation shall contain the number of the chapter of the Kentucky Administrative Regulations Service to which the definitions apply and shall be in the format: "Definitions for (title number) KAR Chapter (chapter number)." c. A definition shall not be included in a definitions administrative regulation if the defined term is not used in an administrative regulation in that specific chapter or the material incorporated by reference in an administrative regulation in that chapter. 4. In the text of an administrative regulation, the word defined in the definitions section, rather than the definition, shall be used. 5. Definitions shall be used only: a. When a word is used in a sense other than its dictionary meaning, or is used in the sense of one (1) of several dictionary meanings; b. To avoid repetition of a phrase; or c. To limit or extend the provisions of an administrative regulation. 6. Definitions shall not establish requirements or standards; (f) If a word has the same meaning as a phrase, the word shall be used; (g) The present tense and the indicative mood shall be used. Conditions precedent shall be stated in the perfect tense if their happening is required to be completed; (h) The same arrangement and form of expression shall be used throughout an administrative regulation, unless the meaning requires variations; (i) "If" or "except" shall be used rather than "provided that" or "provided, however." "If" shall be used to express conditions, rather than the words "when" or "where"; (j) A word importing the masculine gender may extend to females. A word importing the singular number may extend to several persons or things; (k) Any reference in an administrative regulation to "medical doctor," "M.D.," or "physician" shall be deemed to include a doctor of osteopathy or D.O., unless either of those terms is specifically excluded; (l) An administrative body shall use the phrases specified in this subsection: Do Not Use: Use: And/or "and" for a conjunctive "or" for a disjunctive Any and all either word As provided in this administrative regulation ---- And the same hereby is is Either directly or indirectly ---- Except where otherwise State specific provided exemption. Final and conclusive final Full force and effect force or effect In the event that; In case if Including but not State the specific items limited to to be included. Is authorized; Is empowered may Is defined and shall be construed to mean means Is hereby required to shall It shall be lawful may Latin words Do not use unless medical or scientific terminology. However, "et seq." may be used for citations. Null and void and of no effect void Order and direct either word Provision of law law Until such time as until Whenever if; (m) 1. Unless the authority for an administrative regulation is an appropriation provision that is not codified in the Kentucky Revised Statutes, the specific chapter and section number of the Kentucky Revised Statutes authorizing the promulgation of an administrative regulation shall be cited. 2. a. If an act has not been codified in the Kentucky Revised Statutes at the time an administrative regulation is promulgated, or if the authority is any branch budget bill, the citation shall be as follows: "(year) Ky. Acts ch. (chapter number), sec. (section number)." When an act has been codified, the administrative body shall notify the regulations compiler of the proper citation in writing. Upon receipt of the written notice, the regulations compiler shall correct the citation. b. For acts of extraordinary sessions, the citation shall be as follows: "(year) (Extra. Sess.) Ky. Acts ch. (chapter number), sec. (section number)." If there is more than one (1) extraordinary session of the General Assembly in the year, the citation shall specify the specific extraordinary session, as follows: "(year) (2d Extra. Sess.) Ky. Acts ch. (chapter number), sec. (section number)." 3. When an act has been codified, the administrative body shall notify the regulations compiler of the proper citation of the Kentucky Revised Statutes in writing. Upon receipt of the written notice, the regulations compiler shall correct the citation. 4. If the statutory authority is an appropriation act, the citation shall be as follows: "(year) Ky. Acts ch. (chapter number), Part (part and subpart numbers)." 5. If the authority is an executive order, the citation shall be as follows: "EO (year executive order issued)-(number of executive order)"; (n) If the statutory authority is a federal statute, the citation shall be the: 1. United States Code (U.S.C.), if it has been codified; or 2. Public Law (Pub. L.) and official session laws, if it has not been codified; (o) 1. If the statutory authority is a federal regulation codified in the Code of Federal Regulations, the citation shall include the title, part, and section number, as follows: "(title number) C.F.R. (part and section number)." 2. a. If the statutory authority is a federal regulation that has not been codified in the Code of Federal Regulations, the citation shall be to the Federal Register, as follows: "(volume number) Fed. Reg. (page number) (effective date of the federal regulation) (section of Code of Federal Regulations in which it will be codified)." b. When the federal regulation is codified, the citation shall be amended to read as provided by subparagraph 1. of this paragraph. 3. a. If the statutory authority is a federal regulation that has been amended, and the amendment is not reflected in the current issue date of the volume of the Code of Federal Regulations in which the federal regulation is codified, the citation shall be to the Federal Register as follows: "(federal regulation that has been amended), (volume number) Fed. Reg. (page number) (effective date of the amendment)." b. When the amendment is codified in the appropriate volume of the Code of Federal Regulations, the citation shall be amended to read as provided by subparagraph 1. of this paragraph; (p) Citations of items in the "RELATES TO" paragraph of an administrative regulation shall comply with paragraphs (m), (n), and (o) of this subsection; and (q) An administrative regulation may cite the popular name of a federal or state law if the first usage of the popular name in that administrative regulation is accompanied by the citation required by this subsection. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 16, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 5, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 73, sec. 1, effective June 8, 2011. -- Amended 2005 Ky. Acts ch. 100, sec. 7, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 10, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 180, sec. 9, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 387, sec. 14, effective July 15, 1994; and ch. 410, sec. 13, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 23, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 425, secs. 1 and 2, effective July 15, 1988.

KRS 13A.223 Prior review of administrative regulations by Medicaid Oversight and Advisory Board

13A.223. Prior review of administrative regulations by Medicaid Oversight and Advisory Board When the Cabinet for Health and Family Services, including any department or division thereof, promulgates an administrative regulation related to the Medicaid program that is expressly required by, or is in response to, an act of the General Assembly, the promulgating agency shall: (1) At least thirty (30) days before filing the administrative regulation with the regulations compiler, first submit the draft administrative regulation, a detailed implementation plan, and other documents required to be filed by this chapter to the Medicaid Oversight and Advisory Board established in KRS 7A.273 for review and comment; and (2) Consider any comments or recommendations provided by the Medicaid Oversight and Advisory Board before filing the administrative regulation. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 179, sec. 21, effective April 14, 2026.

KRS 13A.224 General requirements for incorporation by reference

13A.224. General requirements for incorporation by reference No material shall be incorporated by reference unless: (1) The material incorporated by reference relates only to the specific subject matter governed by an administrative regulation; (2) The material has been reviewed in detail by the administrative body; (3) No state statute or federal law prescribes the same or similar procedure, or sets forth a comprehensive scheme of regulation of the subject matter; and (4) Its incorporation is necessary in order to: (a) Implement, interpret, or prescribe law or policy authorized or required by statute; or (b) Establish or describe the organization, procedure, or practice requirements authorized or required by statute. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 17, effective July 15, 2016. -- Amended 1990 Ky. Acts ch. 516, sec. 24, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 425, sec. 3, effective July 15, 1988.

KRS 13A.230 Other material to be filed with and e-mailed to compiler

13A.230. Other material to be filed with and e-mailed to compiler (1) The administrative body shall attach the following forms to the back of the original and each copy of an administrative regulation: (a) Regulatory impact analysis as required by KRS 13A.240; (b) Tiering statement as required by KRS 13A.210; (c) Fiscal note as required by KRS 13A.250; (d) Federal mandate comparison, if applicable, as required by KRS 13A.245; and (e) The summaries provided for in KRS 13A.2245, 13A.2251, or 13A.2255, if applicable. (2) The forms required by subsection (1) of this section shall be obtained from the regulations compiler. (3) The electronic version of an administrative regulation and the attachments required by subsection (1) of this section shall be sent by e-mail to the regulations compiler in a single document at the same time as, or prior to, filing the paper version in accordance with KRS 13A.190, 13A.220, or 13A.280 in an electronic format approved by the regulations compiler. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 20, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 8, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 12, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 11, effective June 24, 2003. -- Amended 1994 Ky. Acts ch. 410, sec. 16, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 25, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 425, sec. 8, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 89, sec. 7, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 23, effective April 13, 1984.

KRS 13A.240 Regulatory impact analysis

13A.240. Regulatory impact analysis (1) Every administrative body shall prepare and submit to the Legislative Research Commission an original and four (4) duplicate copies of a regulatory impact analysis for every administrative regulation when it is filed with the Commission. The regulatory impact analysis shall include the following information: (a) The number of the administrative regulation; (b) The name, email address, and telephone number of the contact person of the administrative body identified pursuant to KRS 13A.220(6)(d), and, if applicable, the name, email address, and telephone number of an alternate person to be contacted with specific questions about the regulatory impact analysis; (c) A brief narrative summary of: 1. What the administrative regulation does; 2. The necessity of the administrative regulation; 3. How the administrative regulation conforms to the content of the authorizing statutes; and 4. How the administrative regulation currently assists or will assist in the effective administration of the statutes; (d) If this is an amendment to an existing administrative regulation, a brief narrative summary of: 1. How the amendment will change the existing administrative regulation; 2. The necessity of the amendment to the administrative regulation; 3. How the amendment conforms to the content of the authorizing statutes; and 4. How the amendment to the administrative regulation will assist in the effective administration of the statutes; (e) At least three (3) subject index headings reflecting the content of the administrative regulation selected from a list provided by the regulations compiler; (f) The type and number of individuals, businesses, organizations, or state and local governments affected by the administrative regulation; (g) An analysis of how the entities referenced in paragraph (f) of this subsection will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment to an existing administrative regulation. The analysis shall include but not be l imited to: 1. A detailed explanation of the actions the entities referenced in paragraph (f) of this subsection will be required to undertake in order to comply with the proposed administrative regulation; 2. An estimate of the costs imposed on entities re ferenced in paragraph (f) of this subsection in order to comply with the proposed administrative regulation; and 3. The benefits that may accrue to the entities referenced in paragraph (f) of this subsection as a result of compliance; (h) An estimate of how much it will cost the administrative body to implement this administrative regulation, both initially and on a continuing basis; (i) Whether the administrative regulation or amendment implements legislation from the previous five (5) years, and if so: 1. The bill number and year; or 2. The Kentucky Acts chapter and year; (j) The source of the funding to be used for the implementation and enforcement of the administrative regulation or amendment; (k) An assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation or amendment to an existing administrative regulation; (l) A statement as to whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees; and (m) The tiering statement required by KRS 13A.210. (2) The Legislative Research Commission shall review all regulatory impact analyses submitted by all administrative bodies, and may require any administrative body to submit background data upon which the information required by subsection (1) of this section is based, and an explanation of how the data was gathered. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 7, effective June 27, 2025. -- Amended 2016 Ky. Acts ch. 82, sec. 21, effective July 15, 2016. -- Amended 2006 Ky. Acts ch. 166, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 100, sec. 13, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 14, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 410, sec. 17, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 417, sec. 24, effective April 13, 1984.

KRS 13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or regulation governing a subject matter

13A.245. Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or regulation governing a subject matter (1) (a) When promulgating administrative regulations and amending existing administrative regulations in response to a federal mandate, an administrative body shall compare its proposed compliance standards with any minimum or uniform standards suggested or contained in the federal mandate. (b) Such a comparison shall include, in detail, a written determination by the administrative body on whether the proposed state administrative regulation will impose stricter requirements or other responsibilities on the regulated entities than those required by the federal mandate. (c) If the administrative body determines that the proposed state administrative regulation imposes additional requirements or responsibilities on the regulated entities than is required by the federal mandate, the administrative body shall include in its comparison analysis a written statement justifying the imposition of stricter standards, requirements, or responsibilities. (2) (a) Except as provided by paragraph (b) of this subsection, an administrative regulation shall conform to a federal law or regulation governing a subject matter if an administrative body is: 1. Not required by federal law or regulation to promulgate an administrative regulation to comply with a federal law or regulation governing the subject matter; and 2. Required or authorized by state law to promulgate an administrative regulation governing the subject matter. (b) If the administrative regulation is more stringent than or otherwise differs from the federal law or regulation governing the subject matter, the administrative body shall state in detail in the "NECESSITY, FUNCTION, AND CONFORMITY" paragraph of the administrative regulation the manner in which it is more stringent than or otherwise differs from the federal law or regulation, and the reasons therefor. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 330, sec. 2, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 89, sec. 8, effective July 15, 1986.

KRS 13A.247 Interpretation of law by administrative body not entitled to deference from reviewing court

13A.247. Interpretation of law by administrative body not entitled to deference from reviewing court (1) An administrative body shall not interpret a statute or administrative regulation with the expectation that the interpretation of the administrative body is entitled to deference from a reviewing court. (2) The interpretation of a statute or administrative regulation by an administrative body shall not be entitled to deference from a reviewing court. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 112, sec. 1, effective June 27, 2025.

KRS 13A.250 Consideration of costs to local and state government and to regulated entities -- Fiscal note

13A.250. Consideration of costs to local and state government and to regulated entities -- Fiscal note (1) An administrative body that promulgates an administrative regulation shall consider the cost that the administrative regulation may cau se state or local government and regulated entities to incur. (2) (a) A two (2) part cost analysis shall be completed for each administrative regulation. (b) The first part of the cost analysis shall include the projected cost or cost savings to the Commonwealth of Kentucky and each of its affected agencies, and the projected cost or cost savings to affected local governments, including cities, counties, fire departments, and school districts. (c) The second part of the cost analysis shall include the proje cted cost or cost savings to the regulated entities affected by the administrative regulation. (d) Agencies or entities affected by the administrative regulation may submit comments in accordance with KRS 13A.270(1) to the promulgating administrative body or to a legislative committee reviewing the administrative regulation. (3) Each administrative body that promulgates an administrative regulation shall prepare and submit with the administrative regulation a fiscal note. The fiscal note shall state: (a) The number of the administrative regulation; (b) The name, email address, and telephone number of the contact person of the administrative body identified pursuant to KRS 13A.220(6)(d), and, if applicable, the name, email address, and telephone number of an alternate person to be contacted with specific questions about the fiscal note; (c) Each unit, part, or division of state or local government the administrative regulation will affect; (d) Whether the administrative regulation was expressly authorized by an act of the General Assembly, and if so, identification of the act; (e) In detail, the aspect or service of state or local government to which the administrative regulation relates, including identification of the applicable state or federal statute or regulation that mandates the aspect or service or authorizes the action taken by the administrative regulation; (f) The estimated effect of the administrative regulation on the expenditures and revenues of a state or local government agency or regulated entity for the first full year the administrative regulation will be in effect and any s ubsequent year the administrative regulation will be in effect. The administrative body shall provide a narrative to explain the fiscal impact of the administrative regulation and the methodology and resources it used to determine the fiscal impact; and (g) 1. The conclusion of the promulgating administrative body as to whether the administrative regulation will have a major economic impact on state and local government and regulated entities for the first full year the administrative regulation will be in effect and for subsequent years if different; and 2. An explanation of the methodology and resources used by the administrative body to reach this conclusion. (4) If an administrative body files an amendment to an administrative regulation pursuant to KRS 13A.320(3) for a legislative committee meeting, the administrative body shall: (a) Consider the cost of the amendment as established in subsection (2) of this section; and (b) Prepare and submit a fiscal note as established in subsection (3) of this section. (5) Any administrative body may request the advice and assistance of the Commission in the preparation of the fiscal note. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 8, effective June 27, 2025; and ch. 101, sec. 6, effective March 31, 2025. -- Amended 2023 Ky. Acts ch. 122, sec. 11, effective March 15, 2024. -- Amended 2022 Ky. Acts ch. 207, sec. 2, effective April 14, 2022. -- Amended 2021 Ky. Acts ch. 7, sec. 8, effective February 2, 2021. -- Amended 2016 Ky. Acts ch. 82, sec. 22, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 9, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 166, sec. 2, effective July 12, 2006; and ch. 197, sec 1, effective July 12 2006. -- Amended 2003 Ky. Acts ch. 89, sec. 12, effective June 24, 2003. -- Amended 1994 Ky. Acts ch. 410, sec. 18, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 417, sec. 25, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts. chs. 88 and 101. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 101, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 207, sec. 2. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.

KRS 13A.255 Notice of ordinary administrative regulation proposing to establish or increase fees

13A.255. Notice of ordinary administrative regulation proposing to establish or increase fees (1) (a) Within five (5) working days of filing an emergency or ordinary administrative regulation that would establish or increase fees, except those fees exempted by KRS 13A.100(3), an administrative body shall mail or email a notice containing the information required by subsection (2) of this section, to each state association, organization, or other body representing a person or entity affected by the administrative regulation. (b) If an emergency administrative regulation is filed with an identical ordinary administrative regulation, the administrative body may include both administrative regulations in the same notice. (2) The notice shall include the following information: (a) The name of the administrative body that filed the administrative regulation; (b) A statement that the administrative body has promulgated an administrative regulation that establishes or increases fees; (c) A summary of the administrative regulation that includes: 1. The amount of each fee being established; 2. The amount of any increases to any fees previously established; and 3. The necessity for the establishment or increase in the fees; (d) A statement that a person or entity may contact the administrative body for additional information; (e) The time, date, and place of the scheduled public hearing; (f) The deadline for submitting written comments as established in KRS 13A.270(1)(c); and (g) The name, mailing address, email address, and telephone number of the contact person for the administrative body identified pursuant to KRS 13A.220(6)(d). Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 9, effective June 27, 2025. -- Amended 2016 Ky. Acts ch. 82, sec. 23, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 10, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 14, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 406, sec. 1, effective July 14, 2000.

KRS 13A.260 Repealed, 1988

13A.260. Repealed, 1988 Catchline at repeal: Assignment of proposed administrative regulation to a subcommittee for review and consideration. History: Repealed 1988 Ky. Acts ch. 71, sec. 11, effective March 16, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 26, effective April 13, 1984.

KRS 13A.270 Public hearing and comments -- Notice -- Communication by email regarding administrative regulations -- When notification of regulations compiler required -- Effect of failure to timely notify regulations compiler

13A.270. Public hearing and comments -- Notice -- Communication by email regarding administrative regulations -- When notification of regulations compiler required -- Effect of failure to timely notify regulations compiler (1) (a) In addition to the public comment period required by paragraph (c) of this subsection, following publication in the Administrative Register of the text of an administrative regulation, the administrative body shall, unless authorized to cancel the hearing pursuant to subsection (7) of this section, hold a hearing, open to the public, on the administrative regulation. (b) The public hearing for an: 1. Ordinary administrative regulation shall not be held before the twenty - first day or after the last workday of the month f ollowing the month in which the administrative regulation is published in the Administrative Register; or 2. Emergency administrative regulation shall not be held before the twenty-first day or after the last workday of the month in which the administrative regulation is published in the Administrative Register. Nothing in this paragraph shall preclude the administrative body from holding additional public hearings in addition to the hearing mandated in subparagraph 1. or 2. of this paragraph. (c) The administrative body shall accept written comments regarding the administrative regulation during the comment period. The comment period shall begin on the date the administrative regulation is filed with the regulations compiler and: 1. For an ordinary administrative regulation, shall run until 11:59 p.m. on the last day of the calendar month following the month in which the administrative regulation was published in the Administrative Register; or 2. For an emergency administrative regulation, shall run until 11:59 p.m. on the last day of the calendar month in which the administrative regulation is published in the Administrative Register. (2) Each administrative regulation shall state: (a) The place, time, and date of the scheduled public hearing; (b) The manner in which interested persons shall submit their: 1. Notification of attending the public hearing; and 2. Written comments; (c) That notification of attending the public hearing shall b e transmitted to the administrative body no later than five (5) workdays prior to the date of the scheduled public hearing; (d) The deadline for submitting written comments regarding the administrative regulation in accordance with subsection (1)(c) of thi s section; and (e) The name, position, mailing address, email address, and telephone and facsimile numbers of the person to whom a notification and written comments shall be transmitted. (3) (a) A person who wishes to be notified that an administrative body has filed an administrative regulation shall: 1. Contact the administrative body by telephone or written letter to request that the administrative body send the information required by paragraph (d) or (e) of this subsection to the person; or 2. Complete an electronic registration form located on a centralized state government website developed and maintained by the Commonwealth Office of Technology pursuant to subsection (13) of this section. (b) A registration submitted pursuant to paragraph (a) of this subsection shall: 1. Indicate whether the person wishes to receive notification regarding: a. All administrative regulations promulgated by an administrative body; or b. Each administrative regulation that relates to a specified subject area. The subject areas shall be provided by the administrative bodies and shall be listed on the centralized state government website in alphabetical order; 2. Include a request for the person to provide an email address in order to receive regulatory information electroni cally; 3. Be valid for a period of four (4) years from the date the registration is submitted, or until the person submits a written request to be removed from the notification list, whichever occurs first; and 4. Be transmitted to the promulgating adminis trative body, if the registration was made through the centralized state government website. The collected email addresses shall be used solely for the purposes of this subsection and shall not be sold, transferred, or otherwise made available to third parties, other than the promulgating administrative body. (c) An administrative body that promulgates administrative regulations shall: 1. Request that the Commonwealth Office of Technology add it to the centralized state government website if the administrat ive body is not already included; 2. Maintain a list of registrations transmitted to the body pursuant to paragraph (b)4. of this subsection; 3. Establish a method to transfer the registrations if there are personnel changes or other disruptions; and 4. Communicate updates to subject areas and contact persons to the Commonwealth Office of Technology as needed. (d) A copy of the administrative regulation as filed, and all attachments required by KRS 13A.230(1), shall be emailed by the administrative body: 1. To every person who has: a. Registered pursuant to paragraph (a) of this subsection; and b. Provided an email address as part of the registration request; 2. Within five (5) working days after the date the administrative regulation is filed with the Commission; and 3. With a request from the administrative body that affected individuals, businesses, or other entities submit written comments that identify the anticipated effects of the proposed administrative regulation. (e) Within five (5) working days after the date the administrative regulation is filed with the Commission, the administrative body shall mail the following information to every person who has re gistered pursuant to paragraph (a) of this subsection but did not provide an email address: 1. A cover letter from the administrative body requesting that affected individuals, businesses, or other entities submit written comments that identify the anticipated effects of the proposed administrative regulation; 2. A copy of the regulatory impact analysis required by KRS 13A.240 completed in detail sufficient to put the individual on notice as to the specific contents of the administrative regulation, includi ng all proposed amendments to the administrative regulation; and 3. A statement that a copy of the administrative regulation may be obtained from the Commission's website, which can be accessed online through public libraries or any computer with internet access. The Commission's website address shall be included in the statement. (4) (a) If small business may be impacted by an administrative regulation, the administrative body shall email a copy of the administrative regulation as filed, and all attachments required by KRS 13A.230(1), to the chief executive officer of the Commission on Small Business Innovation and Advocacy within five (5) working days after the date the administrative regulation is filed with the Commission. (b) The email shall include a request from the administrative body that the Commission on Small Business Innovation and Advocacy review the administrative regulation in accordance with KRS 11.202(1)(e) and submit its report or comments in accordance with the deadline established in subs ection (1)(c) of this section. A copy of the report shall be filed with the regulations compiler. (c) An administrative body shall not be required to send a copy of an administrative regulation that was amended after comments in accordance with KRS 13A.280 to the Commission on Small Business Innovation and Advocacy, unless its chief executive officer requested a copy pursuant to KRS 13A.280(8). (5) (a) If a local government may be impacted by an administrative regulation, the administrative body shall send, by email if the local government has an email address, a copy of the administrative regulation as filed and all attachments required by KRS 13A.230(1) to each impacted local government in the state within five (5) working days after the date the administr ative regulation is filed with the Commission. If the local government does not have an email address, the material shall not be sent. (b) The email shall include a request from the administrative body that the local government review the administrative regulation in the same manner as would the Commission on Small Business Innovation and Advocacy under KRS 11.202(1)(e), and submit its report or comments in accordance with the deadline established in subsection (1)(c) of this section. A copy of the report or comments shall be filed with the regulations compiler. (c) An administrative body shall not be required to send a copy of an administrative regulation that was amended after comments in accordance with KRS 13A.280 to a local government, unless its contact person requested a copy pursuant to KRS 13A.280(8). (6) Persons desiring to be heard at the hearing shall notify the administrative body in writing as to their desire to appear and testify at the hearing not less than five (5) workdays before the scheduled date of the hearing. (7) The administrative body shall immediately notify the regulations compiler by letter if: (a) No written notice of intent to attend the public hearing is received by the administrative body at least five (5) workdays before the scheduled hearing, and it chooses to cancel the public hearing; and (b) No written comments have been received by the close of the last day of the public comment period. (8) (a) 1. Upon receipt from interested persons of their intent to attend a public hearing, the administrative body shall notify the regulations compiler by letter that the public hearing shall be held. 2. If the public hearing is held but no comments are received during the hearing, the administrative body shall notify the regulations compiler by letter that the public hearing was held and that no comments were received. (b) Upon receipt of written comments, the administrative body shall notify the regulations compiler by letter that written comments have been received. (9) (a) If the notifications required by subsections (7) and (8) of this section are not received by the regulations compiler by close of business on the second workday of the calendar month following the end of the public comment period, the administrative regulation shall be deferred to the next regularly scheduled meeting of the subcommittee. (b) A filed administrative regulation that is deferred under this subsection due to failure to timely notify the regulations compiler may still be placed on the subcommittee's agenda for informational review pursuant to KRS 13A.030(3) or (4). (c) If a filed administrative regulation is placed on the agenda pursuant to paragraph (b) of this subsection, the full review of the filed administrative regulation shall still be deferred in accordance with this subsection. (10) The notifications required by subsections (7) and (8) of this section shall be made by letter. The letter may be sent by email if the administrative body uses an electronic signature and letterhead for the emailed document. (11) Every hearing shall be conducted in such a manner as to guarantee each person who wishes to offer comment a fair and reasonable opportunity to do so, whether or not such person has given the notice contemplated by subsection (6) of this section. No transcript need be taken of the hearing, unless a written request for a transcript is made, in which case the person requesting the transcript shall have the responsibility of paying for same. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This section shall not preclude an administrative body from making a transcript or making a recording if it so desires. (12) Nothing in this section shall be construed as requiring a separate hearing on each administrative regulation. Administrative regulations may be grouped at the convenience of the administrative body for purposes of hearings required by this section. (13) The centralized state government website that provides for the notification of the filing of administrative regulations and amendments to existing administrative regulations shall provide: (a) The electronic registration notification form required by subsection (3)(a) of this section; (b) Up-to-date contact information and subject areas for promulgating administrative bodies; and (c) A form or contact information for an administrative body to: 1. Request to be added to the website if not already included; and 2. Add or change its subject areas and contact persons published on the website. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 3, effective February 25, 2025; and ch. 88, sec. 10, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 9, effective February 2, 2021; and ch. 185, sec. 98, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 5, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 24, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 11, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 166, sec. 3, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 100, sec. 15, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 165, sec. 5, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 89, sec. 13, effective June 24, 2003. -- Amended 1996 Ky. Acts ch. 180, sec. 11, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 19, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 425, sec. 9, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 27, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts. chs. 2 and 88. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 88, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section. Legislative Research Commission Note (7/13/2004). In subsection (1)(a) of this statute, a reference to "subsection (5) of this section" has been changed to read "subsection (7) of this section." When the statute was amended in 2004 Ky. Acts ch. 165, sec. 5, the subsections were renumbered, but the reference to subsection (5) was not changed to conform. The Reviser of Statutes has made the conforming change under the authority of KRS 7.136.

KRS 13A.280 Statement of consideration -- Amendment -- Format -- Information required -- Publication

13A.280. Statement of consideration -- Amendment -- Format -- Information required -- Publication (1) Following the last day of the comment period, the administrative body shall give consideration to all comments received at the public hearing and all written comments received during the comment period, including: (a) Any report filed by the Commission on Small Business Innovation and Advocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local government in accordance with KRS 11. 202(1)(e) and 13A.270(5); and (b) Any comments regarding the administrative regulation's major economic impact as submitted by agencies, local governments, or regulated entities. (2) (a) Except as provided in paragraph (b) of this subsection, the administr ative body shall file with the Commission on or before 12 noon, eastern time, on the fifteenth day of the calendar month following the end of the public comment period the statement of consideration relating to the administrative regulation and, if applicable, the amended after comments version. (b) If the administrative body has received a significant number of public comments: 1. It may extend the time for filing the statement of consideration for an ordinary administrative regulation and, if applicable, the amended after comments version by notifying the regulations compiler in writing on or before 12 noon, eastern time, on the fifteenth day of the calendar month following the end of the public comment period; and 2. The administrative body shall file the statement of consideration for an ordinary administrative regulation and, if applicable, the amended after comments version, with the Commission on or before 12 noon, eastern time, no later than the fifteenth day of the second calendar month following the end of the public comment period. (3) (a) If the administrative regulation is amended as a result of the hearing or written comments received, the administrative body shall file the items specified in this paragraph with the regulations compiler by 12 noon, eastern time, on the applicable deadline specified in subsection (2) of this section: 1. The original and four (4) copies of the administrative regulation indicating any amendments resulting from comments received at the public hearing and during the comment period. The amendments shall be indicated in: a. The original wording for an ordinary administrative regulation; b. The original wording for an emergency administrative regulation; or c. The wording of an emergency administrative regulation as amended, for an emergency administrative regulati on that was amended at a legislative committee meeting pursuant to KRS 13A.190(3); 2. The original and four (4) copies of the statement of consideration as required by subsection (2) of this section, attached to the back of the original and each copy of the administrative regulation; and 3. The regulatory impact analysis, tiering statement, federal mandate comparison if applicable, and fiscal note. These documents shall reflect changes resulting from amendments made after the public hearing. (b) 1. Each original amended after comments version, the statement of consideration, and the attachments required by paragraph (a)3. of this subsection shall be single-sided and stapled in the top left corner. 2. One (1) of the copies shall be single-sided and unstapled. 3. The other three (3) copies shall be stapled in the top left corner and may be double-sided. (c) At the same time as, or prior to, filing the paper version, the administrative body shall file an electronic version of the amended after comments version, the statement of consideration, and the required attachments saved as a single document for each amended after comments administrative regulation in an electronic format approved by the regulations compiler. (d) Within five (5) working days after filing an amended after comments version, an administrative body shall: 1. Prominently display on its website: a. A notice that an amended after comments version has been filed with the Commission; b. A summary of the amended after comments version, including: i. The number of the administrative regulation; ii. The title of the administrative regulation; and iii. A brief explanation of the changes made; and c. Information on how to access the amended after comments version on the Commission's website; and 2. Email the amended after comments version and statement of consideration as filed, and all attachments required by paragraph (a)3. of this subsection, to every person who has registered pursuant to KRS 13A.270(3)(a)2. and provided an email address as part of th e registration request. (e) Material incorporated by reference that is amended after comments shall be filed, and if applicable, displayed in the manner required by KRS 13A.2255. (4) (a) 1. If the administrative regulation is not amended as a result of the public hearing, or written comments received, the administrative body shall file the original and four (4) copies of the statement of consideration with the regulations compiler by 12 noon, eastern time, on the deadline established in subsection (2) of th is section. 2. Each original statement of consideration shall be single -sided and stapled in the top left corner. 3. One (1) of the copies shall be single -sided and unstapled. 4. The other three (3) copies shall be stapled in the top left corner and may be double-sided. (b) If the statement of consideration covers multiple administrative regulations that were not amended as a result of the public hearing or written comments received, the administrative body shall file with the regulations compiler: 1. The original and four (4) copies of the statement of consideration as required by paragraph (a) of this subsection; and 2. Two (2) additional unstapled, single-sided copies of the statement of consideration for each additional administrative regulation included in the group of administrative regulations. (c) At the same time as, or prior to, filing the paper version, the administrative body shall file an electronic version of the statement of consideration saved as a single document for each statement of consideration in an electronic format approved by the regulations compiler. (5) (a) If comments are received either at the public hearing or during the public comment period, the administrative regulation shall be deferred to the next regularly scheduled meeting of the subcommittee following the month in which the statement of consideration is due. (b) A filed administrative regulation that is deferred under this subsection due to receipt of public comments may still be placed on the subcommittee's agenda for informational review pursuant to KRS 13A.030(3) or (4). (c) If a filed administrative regulation is placed on the agenda pursuant to paragraph (b) of this subsection, the full review of the filed administrative regulation shall still be deferred in accordance with this subsection. (6) The format for the statement of consideration shall be as follows: (a) The statement shall be typewritten on white paper, size eight and one-half (8- 1/2) by eleven (11) inches. Copies of the statement may be mechanically reproduced; (b) The first page of the statement of consideration shall have a two (2) inch top margin; (c) The heading of the statement shall consist of the words "STATEMENT OF CONSIDERATION RELATING TO" followed by the number of the administrative regulation that was the subject of the public hearing and comment period and the name of the promulgating administrative body. The heading shall be centered. This shall be followed by the words "Not Amended After Comments," "Emergency Not Amended After Comments," "Amended After Comments," or "Emergency Amended After Comments," whichever is applicable; (d) If a hearing has been held or written comments received, the heading is to be followed by: 1. A statement setting out the date, time and place of the hearing, if the hearing was held; 2. A list of those persons who attended the hearing or who submitted comments and the organization, agency, or other entity represented, if applicable; and 3. The name and title of the representative of the promulgating administrative body; (e) 1. Following the general information, the promulgating administrative body shall summarize the comments received at the public hearing and during the comment period and the response of the promulgating administrative body. Each subject commented upon shall be summarized in a separate numbered paragraph. Each numbered paragraph shall contain two (2) subsections: a. Subsection (a) shall be labeled "Comment," shall identify the nam e of the person, and the organization represented if applicable, who made the comment, and shall contain a summary of the comment; and b. Subsection (b) shall be labeled "Response" and shall contain the response to the comment by the promulgating administrative body. 2. If administrative regulations were considered as a group and a comment relates to one (1) or more of the administrative regulations, the summary of the comment and response shall specify each administrative regulation to which it applies; (f) 1. Following the summary of the comments and responses, the promulgating administrative body shall summarize the statement of consideration and the action taken by the administrative body as a result of comments received at the public hearing and during the comment period. 2. If administrative regulations were considered as a group, a separate summary and action taken shall be provided for each administrative regulation; and (g) Emergency administrative regulations shall be in a separate statement of consideration from ordinary administrative regulations. (7) If the administrative regulation is amended pursuant to subsection (3) of this section, the full text of the administrative regulation shall be published in the Administrative Register. The changes made to the administrativ e regulation shall be typed in bold and made in the format prescribed by KRS 13A.222(2). The administrative regulation shall be reviewed by the Administrative Regulation Review Subcommittee after such publication. (8) If requested, copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available by the promulgating administrative body to persons attending the hearing or submitting comments or who specifically request a c opy from the administrative body. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 4, effective February 25, 2025; and ch. 88, sec. 11, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 207, sec. 3, effective April 14, 2022. -- Amended 2021 Ky. Acts ch. 7, sec. 10, effective February 2, 2021; and ch. 185, sec. 99, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 6, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 25, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 12, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 16, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 165, sec. 6, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 7, sec. 10, effective June 29, 2021; and ch. 89, sec. 14, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 12, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 20, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 26, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 425, sec. 10, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 28, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts. chs. 2 and 88. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 88, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 207, sec. 3. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.

KRS 13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee

13A.290. Review by Administrative Regulation Review Subcommittee -- Review by legislative committee (1) (a) Except as provided by KRS 158.6471 and 158.6472, the Administrative Regulation Review Subcommittee shall meet monthly to review administrative regulations prior to close of business on the fifteenth day of the calendar month. (b) The agenda shall: 1. Include each administrative regulation that completed the public comment process; 2. Include each administrative regulation for which a statement of consideration was received on or before 12 noon, eastern time, on the fifteenth day of the prior calendar month; 3. Include each effective administrative regulation or administrative regulation filed with the Commission that the subcommittee has decide d to review pursuant to KRS 13A.030(3); 4. Include each administrative regulation required to be on the agenda pursuant to KRS 13A.030(4); 5. Include each administrative regulation that was deferred from the prior month's meeting of the subcommittee; and 6. Not include an administrative regulation that is deferred, withdrawn, expired, or automatically taken off the agenda under the provisions of this chapter, unless it is being reviewed pursuant to KRS 13A.030(3) or (4). (c) Review of an administrative regulation shall include the entire administrative regulation and all attachments filed with the administrative regulation. The review of amendments to existing administrative regulations shall not be limited to only the changes proposed by the promulgating administrative body. (2) The meetings shall be open to the public. (3) Public notice of the time, date, and place of the Administrative Regulation Review Subcommittee meeting shall be given in the Administrative Register. (4) (a) A representative of the administrative body for an administrative regulation on the agenda shall be present to explain the administrative regulation and to answer questions thereon. (b) If a representative of an administrative body with authority to amend, defer, and answer questions about a filed ordinary or emergency administrative regulation that is on the agenda for full review fails to appear before the subcommittee, the subcommittee may: 1. Defer the administrative regulation to the next regularly scheduled meeting of the subcommittee; and 2. Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3). (c) If a representative of an administrative body with authority to defer and answer questions about an administrative regulation that was placed on the agenda for informational review pursuant to KRS 13A.030(3) or (4) fails to appear before the subcommittee, the subcommittee may: 1. Defer the informational review of the administrative regulation to the next regularly scheduled meeting of the subcommittee; and 2. Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3). (5) Following the meeting and before the next regularly scheduled meeting of the Commission, the Administrative Regulation Review Subcommittee shall forward to the Commission its findings, recommendations, or other comments it deems appropriate in writing. The Administrative Regulation Review Subcommittee's findings shall be published in the Administrative Register. (6) (a) After review by the Administrative Regulation Review Subcommittee, the Commission shall, on the first Wednesday of the following month, or if the first Wednesday is a legal holiday, the next workday of the month: 1. Assign a filed administrative regulation to a legislative committee with subject matter jurisdiction if the administrative regulation was on the agenda for full review pursuant to subsection (1)(b)1., 2., or 5. of this section; and 2. Not assign a filed administrative regulation to a legislative committee with subject matter jurisdiction if the administrative regulation was solely on the agenda for informational review pursuant to KRS 13A.030(3) or (4). (b) Upon notification of the assignment by the Commission, the legislative committee to which the administrative regulation is assigned shall notify the regulations compiler: 1. Of the date, time, and place of the meeting at which it will consider the administrative regulation; or 2. That it will not meet to consider the administrative regulation. (7) (a) Within ninety (90) days of the assignment, the legislative committee may hold a public meeting during which the administrative regulation shall be reviewed. (b) If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday, the deadline for review shall be the workday following the Saturday, Sunday, or holiday. (c) 1. If the administrative regulation is assigned to an interim joint committee and a session of the General Assembly begins during the review period, the assignment shall transfer to the Senate and House standing committees with subject matter jurisdiction. 2. If the administrative regulation is assigned to Senate and House standing committees and a session of the General Assembly adjourns sine die during the review period, the assignment shall transfer to the interim joint committee with subject matter jurisdiction. 3. An administrative regulation may be transferred more than one (1) time under this paragraph. A transfer shall not extend the review period established by this subsection. (d) Notice of the time, date, and place of the meeting shall be placed in the legislative calendar. (8) Except as provided in subsection (9) of this section, a legislative committee shall be empowered to make the same determinations and to exercise the same authority as the Administrative Regulation Review Subcommittee, including all powers and restrictions relating to informational reviews conducted under KRS 13A.030(3) or (4). (9) (a) This subsection shall apply to ordinary and emergency administrative regulations filed with the Commission and reviewed pursuant to subsection (7) of this section. (b) A majority of the entire membership of the legislative committee shall constitute a quorum for purposes of reviewing administrative regulations. (c) In order to amend an administrative regulation pursuant to KRS 13A.320, defer an administrative regulation pursuant to KRS 13A.300, or find an administrative regulation deficient pursuant to KRS 13A.030(2), (3), or (4) or 13A.190(3), the motion to amend, defer, or find deficient shall be approved by a majority of the entire membership of the legislative committee. Additionally, during a session of the General Assembly, standing committees of the Senate and House of Representatives shall agree in order to amend an administrative regulation, defer an administrative regulation, or find an administrative regulation deficient by: 1. Meeting separately; or 2. Meeting jointly. If the standing committees meet jointly, it shall require a majority vote of Senate members voting and a majority of House members voting, as well as the majority vote of the entire membership of the standing committees meeting jointly, in order to take action on the administrative regulation. (10) (a) The quorum requirements of subsection (9)(b) of this section shall apply to an effective or filed administrative regulation that is under informational review by a legislative committee pursuant to subsection (8) of this section and KRS 13A.030(3) or (4). (b) A motion to defer the informational review of an administrative regulation or find the administrative regulation deficient shall be approved by: 1. A majority of the entire membership of the Administrative Regulation Review Subcommittee; or 2. A legislative committee in accordance with subsection (9)(c) of this section. (11) (a) Upon adjournment of the meeting at which a legislative committee has considered an administrative regulation pursuant to subsection (7) or (10) of this section, the legislative committee shall inform the regulations compiler of its findings, recommendations, or other action taken on the administrative regulation. (b) Following the meeting and before the next regularly scheduled meeting of the Commission, the legislative committee shall forward to the Commission its findings, recommendations, or other comments it deems appropriate in writing. The legislative committee's findings shall be published in the Administrative Register. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 5, effective February 25, 2025; and ch. 88, sec. 12, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 11, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 7, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 26, effective July 15, 2016. -- Amended 2005 Ky. Acts ch. 100, sec. 17, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 15, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 16, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 598, sec. 8, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 13, effective July 15, 1996. - - Amended 1994 Ky. Acts ch. 410, sec. 21, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 27, ef fective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 2, effective July 15, 1988; and ch. 425, sec. 11, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 29, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). T his statute was amended by 2025 Ky. Acts. chs. 2 and 88. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 88, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 13A.300 Request by promulgating administrative body to defer consideration of administrative regulation -- Consideration of deferred administrative regulation -- Informational review of deferred administrative regulation -- Limitation on number of deferrals -- Failure of representative of administrative body to appear before legislative committee

13A.300. Request by promulgating administrative body to defer consideration of administrative regulation -- Consideration of deferred administrative regulation -- Informational review of deferred administrative regulation -- Limitation on number of deferrals -- Failure of representative of administrative body to appear before legislative committee (1) The administrative body that promulgated an administrative regulation may request that consideration of the administrative regulation be deferred by a legislative committee. (2) The deferral of an administrative regulation scheduled for full review by the Administrative Regulation Review Subcommittee pursuant to KRS 13A.290(1)(b)1., 2., or 5. shall be governed by KRS 13A.020(4) and the following: (a) A request for deferral of an ordinary administrative regulation filed with the Commission shall be automatically granted if: 1. The administrative body submits a written letter to the regulations compiler; and 2. The letter is received by 12 noon, eastern time, at least five (5) calendar days prior to the subcommittee meeting; (b) A request for deferral of an emergency administrative regulation may be granted if: 1. The administrative body submits a written letter to the regulations compiler; 2. The letter is received prior to the subcommittee meeting; and 3. Approved by the co-chairs of the Administrative Regulation Review Subcommittee; (c) A request for deferral may be granted at the discretion of the subcommittee if the request is made by the administrative body orally at a meeting of the subcommittee; (d) The subcommittee may request that consideration of an administrative regulation be deferred by the promulgating administrative body. Upon receipt of the request, the promulgating administrative body may agree to defer consideration of the administrative regulation; (e) Except as provided in paragraph (g) of this subsection, an administrati ve regulation that has been deferred for full review shall be placed on the agenda of the next scheduled meeting of the subcommittee. The subcommittee shall consider the administrative regulation as if it had met all other requirements of filing. Repromulgation shall not be required in those cases; (f) 1. A filed administrative regulation deferred under this subsection may still be placed on the agenda pursuant to KRS 13A.030(3) or (4) for informational review. 2. If a filed administrative regulation is placed on the agenda pursuant to subparagraph 1. of this paragraph, the full review of the filed administrative regulation shall still be deferred in accordance with this subsection; and (g) An administrative regulation shall not be deferred under this subsection more than twelve (12) times. (3) The deferral of an informational review for an administrative regulation scheduled by the Administrative Regulation Review Subcommittee pursuant to KRS 13A.290(1)(b)3. or 4. shall be governed by KRS 13A.020(4) and the following: (a) A request to defer an informational review for an administrative regulation that was placed on the subcommittee's agenda may be granted if: 1. The administrative body submits a written letter to the regulations compiler; 2. The letter is received prior to the subcommittee meeting; and 3. Approved by the co-chairs of the Administrative Regulation Review Subcommittee; (b) A request for deferral may be granted at the discretion of the subcommittee if the request is made by the administrative body orally at a meeting of the subcommittee; and (c) An informational review for an administrative regulation that is deferred may be placed on the agenda of the next scheduled meeting of the subcommittee. (4) (a) The deferral of a filed ordinary or emergency administrative regulation assigned to a second legislative committee or committees for full review pursuant to KRS 13A.290(6) and (7) shall be governed by this subsection and the voting requirements of KRS 13A.290(9). (b) A request for deferral may be granted if: 1. The administrative body submits a written letter to the regulations compiler; 2. The letter is received: a. Prior to the legislative committee meeting for an emergency administrative regulation; or b. By 12 noon, eastern time, at least five (5 ) calendar days prior to the legislative committee meeting for an ordinary administrative regulation; and 3. Approved by the presiding chair or chairs. (c) A request for deferral may be granted at the discretion of the second legislative committee if the r equest is made by the administrative body orally at a meeting of the legislative committee. (d) 1. At a meeting of a legislative committee, the legislative committee may request that consideration of an administrative regulation be deferred by the administrative body. Upon receipt of the request, the administrative body may agree to defer consideration of the administrative regulation. 2. An administrative regulation that is deferred for full review may be placed on a subsequent agenda of the legislative co mmittee or committees within the review period. 3. Except as provided by subparagraph 4. of this paragraph, if a filed ordinary administrative regulation that has been deferred for full review is not placed on a subsequent agenda within the review period, the administrative regulation shall take effect at the expiration of the review period. 4. a. If requested by the administrative body, an administrative regulation may be deferred beyond the review period for an additional ninety (90) days if the deferral is requested and approved as established by paragraphs (b) and (c) of this subsection. b. If a filed ordinary administrative regulation that has been deferred is not placed on a subsequent agenda within the additional ninety (90) days, the administrative regulation shall take effect at the expiration of the additional ninety (90) days. (e) 1. A filed administrative regulation deferred under this subsection may still be placed on the agenda for informational review pursuant to KRS 13A.030(3) or (4) and 13A.290(8). 2. If a filed administrative regulation is p laced on the agenda pursuant to subparagraph 1. of this paragraph, the full review of the filed administrative regulation may be scheduled by the legislative committee at a subsequent meeting during the ninety (90) day review period. (5) (a) The deferral of an informational review for an administrative regulation scheduled by a second legislative committee pursuant to KRS 13A.030(3) or (4) and 13A.290(8) shall be governed by this subsection and the voting requirements of KRS 13A.290(9). (b) A request to defer an informational review for an administrative regulation that was placed on the legislative committee's agenda may be granted if: 1. The administrative body submits a written letter to the regulations compiler; 2. The letter is received prior to the legislative committee meeting; and 3. Approved by the presiding chair or chairs. (c) A request for deferral of an informational review for an administrative regulation may be granted at the discretion of the legislative committee if the request is made by the administrative body orally at a meeting of the legislative committee. (d) An informational review for an administrative regulation that is deferred may be placed on a subsequent agenda of the legislative committee. (6) Except as provided by KRS 13A.290(4) , if a representative of an administrative body with authority to amend, defer, and answer questions about a filed ordinary or emergency administrative regulation that is on the agenda for full review fails to appear before a legislative committee, the leg islative committee in conformance with KRS 13A.290(9) may: (a) Defer the administrative regulation to a subsequent meeting of the legislative committee within the review period; and (b) Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3). (7) If a representative of an administrative body with authority to defer and answer questions about an administrative regulation that was placed on the agenda for informational review pursuant to KRS 13A.030(3) or (4) and 13A.290(8) fails to appear before the legislative committee, the legislative committee in conformance with KRS 13A.290(9) may: (a) Defer the informational review for the administrative regulation to a subsequent meeting of the legislative committee; and (b) Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3). (8) An administrative regulation found deficient by a legislative committee may be deferred in accordance with KRS 13A.020(4) and 13A.290 and this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 6, effective January 25, 2025; and ch. 88, sec. 13, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 12, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 8, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 27, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 13, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 18, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 16, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 17, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 180, sec. 14, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 22, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 28, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 3, effective March 16, 1988; and ch. 425, sec. 13, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 30, effective April 13, 1984. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts. chs. 2 and 88. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 88, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (2/2/2021). In codification, a correction has been made to subsection (5)(b) of this statute. 2021 Senate Bill 2, Section 12, which amended this statute, contained a reference in subsection (5)(b) to "Section 4(2) of this Act," which would have been codified as "KRS 13A.190(2)." However, it is clear from the context and from consultation with the drafter that the reference was intended to read "Section 4(3) of this Act," which would be codified as "KRS 13A.190(3)." Under the authority of KRS 7.136, the Reviser of Statutes has corrected this reference. Legislative Research Commission Note (6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of this statute from the way it appeared in 2019 Ky. Acts ch. 192, sec. 8. Legislative Research Commission Note (7/15/2016). During codification of 2016 Ky. Acts ch. 82, sec. 27, the Reviser of Statutes corrected a manifest clerical or typographical error in references in subsection (3)(c) and (d) of this statute to "subsection (6)(b)1." and "subsection (6)(b)2.", respectively, of Section 26 of that Act, which was KRS 13A.290. The correct references should have been to "subsection (6)(a)1." and "subsection (6)(a)2.", respectively, of KRS 13A.290 and are reflected that way in this statute.

KRS 13A.310 Repeal or permissive withdrawal of administrative regulation

13A.310. Repeal or permissive withdrawal of administrative regulation (1) Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative regulation, once adopted, cannot be withdrawn but shall be repealed if it is desired that it no longer be effective. (2) Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative regulation, once adopted, cannot be suspended but shall be repealed if it is desired to suspend its effect. (3) (a) An ordinary administrative regulation shall be repealed only by the promulgation of an administrative regulation that: 1. Is titled "Repeal of (state number of administrative regulation to be repealed)"; 2. Contains the reasons for repeal in the "NECESSITY, FUNCTION, AND CONFORMITY" paragraph; 3. Includes in the body of the administrative regulation, a citation to the number and title of the administrative regulation or regulations being repealed; and 4. Meets the filing and formatting requirements of KRS 13A.220. (b) 1. Except as provided in subparagraph 2. of this paragraph, on the effective date of an administrative regulation that repeals an administrative regulation, determined in accordance with KRS 13A.330 or 13A.331, the regulations compiler shall delete the repealed administrative regulation and the repealing administrative regulation from the Kentucky Administrative Regulations Service. 2. If the repealing administrative regulation specifies an effective date that is after the administrative regulation would become effective pursuant to KRS 13A.330 or 13A.331, the specified effective date shall be considered the effective date of the repealing administrative regulation. On the specified effective date, the regulations compiler shall delete the repealed administrative regulation and the repealing administrative regulation from the Kentucky Administrative Regulations Service. (c) An administrative body may repeal more than one (1) administrative regulation in an administrative regulation promulgated pursuant to paragraph (a) of this subsection if the administrative regulations being repealed are contained in the same chapter of the Kentucky Administrative Regulations Service. (4) (a) An ordinary administrative regulation may be withdrawn by the promulgating administrative body at any time prior to its adoption. (b) An ordinary administrative regulation that has been found deficient may be withdrawn by the promulgating administrative body or by the Governor at any time prior to its adoption. (c) Once an ordinary administrative regulation is withdrawn, it shall not be reinstated, except by repromulgation as a totally new matter. (5) (a) An emergency administrative regulation may be withdrawn by the promulgating administrative body at any time prior to its expiration. (b) An emergency administrative regulation that has been found deficient may be withdrawn by the promulgating administrative body or by the Governor at any time prior to its expiration. (6) If an administrative regulation is withdrawn, the administrative body or the Governor shall inform the regulations compiler of the reasons for withdrawal in writing. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 13, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 9, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 77, sec. 3, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 82, sec. 28, effective July 15, 2016. -- Amended 2005 Ky. Acts ch. 100, sec. 19, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 18, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 15, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 23, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 29, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 4, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 31, effective April 13, 1984.

KRS 13A.312 Actions required when authority over a subject matter is transferred to another administrative body or name of administrative body is changed -- Return of administrative regulations to previous form if General Assembly does not confirm or codify executive order

13A.312. Actions required when authority over a subject matter is transferred to another administrative body or name of administrative body is changed -- Return of administrative regulations to previous form if General Assembly does not confirm or codify executive order (1) If authority over a subject matter is transferred to another administrative body or if the name of an administrative body is changed by statute or by executive order during the interim between regular sessions of the General Asse mbly, the administrative regulations of that administrative body in effect on the effective date of the statutory change or the executive order shall remain in effect as they exist until the administrative body that has been granted authority over the subj ect matter amends or repeals the administrative regulations pursuant to KRS Chapter 13A. (2) After receipt of a written request, submitted pursuant to subsection (3) of this section, to make changes to an administrative regulation pursuant to the statutory change or executive order, the regulations compiler shall alter the administrative regulations referenced in subsection (1) of this section to: (a) Change the name of the administrative body pursuant to the provisions of the statute or executive order; an d (b) Make any other technical changes necessary to carry out the provisions of the statute or executive order if the changes do not affect the scope or substance of the administrative regulation. (3) (a) The administrative body that has been granted statu tory authority over the subject matter shall provide to the regulations compiler in writing and in an electronic format approved by the regulations compiler: 1. A listing of the administrative regulations that require any changes; and 2. The specific names, terms, or other information to be changed, marked in the complete text of the existing administrative regulation in the format prescribed by KRS 13A.222(2). (b) If there are differences between the paper copy and the electronic version, the electronic version shall be the controlling version. (4) The administrative body that has been granted statutory authority over the subject matter shall submit new forms to rep lace forms previously incorporated by reference in an administrative regulation if the only changes on the form are the name and mailing address of the administrative body. If there are additional changes to a form incorporated by reference, the administra tive body shall promulgate an amendment to the existing administrative regulation and make the changes to the material incorporated by reference in accordance with KRS 13A.2255. (5) If an administrative body is abolished by statute or executive order and t he authority over its subject matter is not transferred to another administrative body, the Governor, or the secretary of the cabinet to which the administrative body was attached, shall promulgate an administrative regulation to repeal the existing administrative regulations that were promulgated by the abolished administrative body. The repeal shall be accomplished as provided by KRS 13A.310. (6) If an executive order transfers authority over a subject matter to another administrative body or changes the name of an administrative body during the interim between regular sessions of the General Assembly, and the General Assembly does not codify or confirm the executive order during the next regular session, any and all administrative regulations promulgated to implement the unconfirmed executive order shall be returned to their previous form by the administrative body using the promulgation procedures established by KRS Chapter 13A, including but not limited to: (a) Withdrawal of a proposed administrative regulation; (b) Amendment or repeal of an existing administrative regulation; (c) Promulgation of a new administrative regulation; or (d) Submission of technical changes in the manner established by subsections (3) and (4) of this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 14, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 14, effective February 2, 2021. -- Amended 2016 Ky. Acts ch. 82, sec. 29, effective July 15, 2016. -- Amended 2004 Ky. Acts ch. 141, sec. 4, effective July 13, 2004. -- Created 1996 Ky. Acts ch. 180, sec. 20, effective July 15, 1996.

KRS 13A.315 Expiration and withdrawal of administrative regulation prior to review by legislative committee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's notification

13A.315. Expiration and withdrawal of administrative regulation prior to review by legislative committee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's notification (1) An administrative regulation shall expire and shall not be reviewed by a legislative committee if: (a) It has not been reviewed or approved by the official or administrative body with authority to review or approve, or it does not have a certification required by KRS 13A.105(3); (b) The statement of consideration and, if applicable, the amended after comments version are not filed on or before a deadline specified by this chapter; (c) The administrative body: 1. Has failed to comply with the provisions of this chapter governing the filing of administrative regulations, the public hearing and public comment period, or the statement of consideration; or 2. Has failed to comply with KRS 13A.105; or (d) The administrative regulation is deferred pursuant to KRS 13A.300(2) more than twelve (12) times. (2) (a) An administrative regulation that has been found deficient by a legislative committee shall be withdrawn immediately if, pursuant to KRS 13A.330, the Governor has determined that it shall be withdrawn. (b) The Governor shall notify the regulations compiler in writing that he or she has determined that the administrative regulation found deficient shall be withdrawn. (c) The written withdrawal of an administrative regulation governed by the provisions of this subsection shall be made in a letter to the regulations compiler in the following format: "Pursuant to KRS 13A.330, I have determined that (administrative regulation number and title) shall be (withdrawn, or withdrawn and amended to conform to the finding of deficiency, as applicable). The administrative regulation, (administrative regulation number and title), is hereby withdrawn." (d) An administrative regulation governed by the provisions of this subsection shall be considered withdrawn upon receipt by the regulations compiler of the written withdrawal. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 15, effective June 27, 2025; and ch. 101, sec. 7, effective March 31, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 15, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 12, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 30, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 14, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 20, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 24, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 350, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 24, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 516, sec. 1, effective July 13, 1990. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 88 and 101, which do not appear to be in conflict and have been codified together.

KRS 13A.320 Amendment of administrative regulation during meeting of legislative committee or public meeting -- Format

13A.320. Amendment of administrative regulation during meeting of legislative committee or public meeting -- Format (1) (a) An administrative body may amend a filed ordinary or emergency administrative regulation at a legislative committee meetin g with the consent of the legislative committee. A legislative committee may amend a filed ordinary or emergency administrative regulation at a legislative committee meeting with the consent of the administrative body. (b) An administrative regulation shall not be amended at a public meeting of a legislative committee unless the amendment concerns an issue that was related to the administrative regulation filed with the Legislative Research Commission and was: 1. Considered at the public hearing; 2. Raised pursuant to a comment received by the administrative body at the public hearing or during the public comment period pursuant to KRS 13A.280(1); or 3. Raised during the legislative committee meeting. (c) Nothing in this chapter shall be construed to require the administrative regulation's resubmission or refiling or other action. The administrative regulation may be adopted as amended. (d) Following approval of an amendment to an administrative regulation at a legislative committee meeting, the administrativ e regulation as amended shall be published in the Administrative Register, unless all amendments to the administrative regulation that were made at the meeting of the legislative committee: 1. Relate only to the formatting and drafting requirements of KRS 13A.220(5) and 13A.222(4)(b), (c), (i), (j), and (l); and 2. Do not alter the intent, meaning, conditions, standards, or other requirements of the administrative regulation. (e) If the amendments to an administrative regulation made at a meeting of a legislative committee meet the exception requirements of paragraph (d) o f this subsection, the regulations compiler shall publish a notice in the Administrative Register that the administrative regulation was amended at a legislative committee meeting only to comply with the formatting and drafting requirements of this chapter. (2) If an administrative body intends to amend an administrative regulation at a meeting of a legislative committee, the following requirements shall be met: (a) An amendment offered by the administrative body prior to a legislative committee meeting shall be approved by the head of the administrative body; (b) The amendment shall be contained in a letter to the legislative committee. The letter shall: 1. Identify the administrative body; 2. State the number and title of the administrative regulation; 3. Be dated; and 4. Be filed with the regulations compiler; and (c) The amendment shall be made in one (1) of the following formats: 1. a. On separate lines, the amendment shall be identified by the number of the: i. Page; ii. Section, subsection, paragraph, subparagraph, clause, or subclause, as appropriate; and iii. Line. b. If a word or phrase, whether or not underlined, is to be deleted, the amendment shall identify the word or phrase to be deleted and state that it is to be deleted. If a word or phrase is to be replaced by another word or phrase, the amendment shall specify the word or phrase that is to be deleted and shall specify the word or phrase that is to be inserted in lieu thereof. c. If new language is to be inserted, the amendment shall state tha t it is to be inserted, and the new language shall be underlined. d. If the amendment consists of no more than four (4) words, the words shall be placed between quotation marks. If the amendment consists of more than four (4) words, the amendment shall be indented and not placed between quotation marks. e. If a section, subsection, paragraph, subparagraph, clause, or subclause is to be deleted in its entirety, the amendment shall identify it and state that it is deleted in its entirety, whether or not it contains underlined or bracketed language; or 2. a. By substituting the complete text of the administrative regulation, with the proposed changes made to the administrative regulation typed in bold, italicized, and in the format prescribed by KRS 13A.222(2). b. i. If the amendment is initiated by the administrative body, the administrative body shall submit at the same time as, or prior to, filing the paper version, an electronic version of the amendment in a format approved by the regulations compiler. ii. If there are differences between the paper copy and the electronic version of the amendment, the electronic version shall be the controlling version. (3) If the amendment is initiated by the administrative body, the amendment shall be: (a) Filed at least three (3) working days prior to the meeting of the legislative committee; (b) Filed with an updated fiscal note as established by KRS 13A.250(4); (c) Filed with a summary of the amendment and an explanation of its intent; and (d) Emailed as soon as practicable to every person who has registered pursuant to KRS 13A.270(3)(a)2. and provided an email address as part of the registration request. (4) An amendment to an administrative regulation may be made orally at a legislative committee meeting if the requirements of subsection (1)(a) of this section are met. (5) Except for an amendment made orally pursuant to subsection (4) of this section: (a) For a meeting of the Administrative Regulation Review Subcommittee, an administrative body shall submit fifteen (15) copies of an amendment to an administrative regulation to the regulations compiler prior to the Administrative Regulation Review Subcommittee meeting at which the amendment will be considered and, if applicable, in accordance with the deadline established in subsection (3)(a) of this section; or (b) For a meeting of a legislative committee other than the Administrative Regulation Review Subcommittee, an administrative body shall contact the regulations compiler prior to the legislative committee meeting at which the amendment will be considered to find out the number of copies needed for that specific legislative committee. The original amendment and the specified number of copies shall be submitted to the regulations compiler prior to the legislative committee meeting at which the amendment will be considered and, if applicable, in accordance with the deadline established in subsection (3)(a) of this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 16, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 16, effective February 2, 2021. -- Amended 2016 Ky. Acts ch. 82, sec. 31, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 15, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 21, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 17, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 38, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 16, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 25, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 30, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 5, effective July 15, 1988; and ch. 415, sec. 12, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 32, effective April 13, 1984.

KRS 13A.330 Notification of finding of deficiency -- Governor's determination after finding of deficiency

13A.330. Notification of finding of deficiency -- Governor's determination after finding of deficiency (1) (a) If a filed ordinary administrative regulation has been found deficient, the legislative committee shall transmit to the Governor and the regulations compiler: 1. A copy of the finding of deficiency and other relevant findings, recommendations, or comments; and 2. A request that the Governor determine whether the administrative regulation shall: a. Be withdrawn; b. Be amended at a legislative committee meeting pursuant to KRS 13A.320 to conform to the finding of deficiency; or c. Become effective pursuant to the provisions of this section notwithstanding the finding of deficiency. (b) The Governor shall transmit his or her determination to the Commission and the regulations compiler. (c) A filed ordinary administrative regulation that has been found deficient shall be considered as adopted and become effective after: 1. a. The review period established in this chapter has been completed; and b. The regulations compiler has received the Governor's determination that the administrative regulation shall become effective pursuant to the provisions of this section notwithstanding the finding of deficiency; or 2. The legislative committee that found the filed administrative regulation deficient subsequently determines that it is not deficient in accordance with KRS 13A.335, provided that this determination was made prior to receipt by the regulations compiler of the Governor's determination. (2) (a) If an emergency administrative regulation has been found deficient, the legislative committee finding it deficient shall transmit to the Governor and the regulations compiler: 1. A copy of the finding of deficiency and other relevant findings, recommendations, or comments; and 2. A request that the Governor determine whether the emergency administrative regulation shall: a. Be withdrawn; b. Be amended at a legislative committee meeting pursuant to KRS 13A.320 to conform to the finding of deficiency; or c. Remain effective as established in KRS 13A.190(4) notwithstanding the finding of deficiency. (b) The Governor shall transmit his or her determination to the Commission and the regulations compiler. (c) The legislative committee that found the emergency administrative regulation deficient may subsequently determine that it is not deficient in accordance with KRS 13A.335. (3) If an effective ordinary administrative regulation has been found deficient by a legislative committee, the legislative committee shall transmit to the Governor a copy of its finding of deficiency and other findings, recommendations, or comments it deems appropriate. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 17, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 13, effective June 27, 2019. -- Amended 2005 Ky. Acts ch. 100, sec. 22, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 8, effective July 15, 1998; and ch. 350, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 17, effective July 15, 1996; and ch. 269, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 26, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 31, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 6, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 33, effective April 13, 1984.

KRS 13A.331 Adoption and effective date of ordinary administrative regulation that has been referred to a legislative committee

13A.331. Adoption and effective date of ordinary administrative regulation that has been referred to a legislative committee A filed ordinary administrative regulation that has not been deferred or found deficient and has been referred by the Commission to a legislative committee shall be considered as adopted and shall become effective: (1) Upon adjournment of a meeting of a legislative committee other than the subcommittee if: (a) The administrative regulation was on the meeting agenda; and (b) A quorum was present; (2) Upon adjournment of a meeting of a House or Senate standing committee if: (a) The administrative regulation was on its meeting agenda; (b) A quorum was present; and (c) The administrative regulation has previously been on a meeting agenda of the other standing committee when a quorum was present; or (3) At the expiration of the review period established in KRS 13A.290(7), if within the review period a legislative committee has failed to meet or failed to place a filed administrative regulation on a meeting agenda. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 18, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 14, effective June 27, 2019. -- Created 2000 Ky. Acts ch. 406, sec. 22, effective July 14, 2000.

KRS 13A.333 Repealed, 2003

13A.333. Repealed, 2003 Catchline at repeal: Expiration of deficient regulations. History: Repealed 2003 Ky. Acts ch. 185, sec. 12, effective March 31, 2003. -- Amended 2000 Ky. Acts ch. 406, sec. 20, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 180, sec. 18, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516, sec. 4, effective July 13, 1990.

KRS 13A.335 Reasons administrative regulation found deficient shall not be considered deficient -- Notice

13A.335. Reasons administrative regulation found deficient shall not be considered deficient -- Notice (1) (a) A filed administrative regulation found deficient by a legislative committee shall not be considered deficient if: 1. A subsequent amendment of that administrative regulation is filed with the Commission by the administrative body; 2. The legislative committee that found the administrative regulation deficient approves a motion that the subsequent amendment corrects the deficiency; and 3. The administrative regulation is not found deficient by any other legislative committee that reviews the administrative regulation under the provisions of KRS Chapter 13A. (b) A filed administrative regulation found deficient by the Administrative Regulation Review Subcommittee shall not be considered deficient if: 1. The administrative regulation is amended to correct the deficiency at a meeting of a legislative committee; 2. A legislative committee does not determine that the administrative regulation is deficient for any other reason; and 3. The Administrative Regulation Review Subcommittee approves a motion that the deficiency has been corrected and that the administrative regulation should not be considered deficient. (c) A filed administrative regulation found deficient by a legislative committee shall not be considered deficient if the legislative committee: 1. Reconsiders the administrative regulation and its finding of deficiency; and 2. Approves a motion that the administrative regulation is not deficient. (d) If an amendment to an effective administrative regulation is going through the KRS Chapter 13A promulgation process and is found deficient by a legislative committee, the administrative regulation shall not be con sidered deficient if the: 1. Administrative regulation was found deficient due to the amendment; 2. Promulgating administrative body has withdrawn the proposed amendment of the existing administrative regulation; and 3. Regulations compiler has not receive d the Governor's determination pursuant to KRS 13A.330. (2) If an effective administrative regulation is found deficient by a legislative committee, the administrative regulation shall not be considered deficient if the legislative committee: (a) Reconsiders the administrative regulation and its finding of deficiency; and (b) Approves a motion that the administrative regulation is not deficient. (3) (a) If an administrative regulation has been found deficient by a legislative committee, the regulations compiler shall add the following notice to the administrative regulation: "This administrative regulation was found deficient by the [name of legislative committee] on [date]." This notice shall be the last section of the administrative regulation. (b) If an administrative regulation has been found deficient by a legislative committee, subsequent amendments of that administrative regulation filed with the Commission shall contain the notice provided in paragraph (a) of this subsection. (c) If an administrative regulation that has been found deficient by a legislative committee has subsequently been determined not to be deficient under the provisions of this section, the regulations compiler shall delete the notice required by paragraph (a) of this subsection. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 2, sec. 7, effective February 25, 2025; and ch. 88, sec. 17, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 19, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 15, effective June 27, 2019. -- Amended 2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 350, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 19, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516, sec. 5, effective July 13, 1990. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 2 and 88, which do not appear to be in conflict and have been codified together.

KRS 13A.336 Annual report on administrative regulations found deficient -- Contents

13A.336. Annual report on administrative regulations found deficient -- Contents (1) (a) After the last regularly scheduled meeting of the Administrative Regulation Review Subcommittee in a calendar year, but by the thirty-first day of December of that calendar year, the staff of the Administrative Regulation Review Subcommittee shall submit a report to the co-chairs of that subcommittee regarding administrative regulations that were found deficient by any legislative committee of the Commission during that calendar year. (b) The report in paragraph (a) of this subsection shall contain: 1. Effective administrative regulations that were found deficient; and 2. Administrative regulations filed with the Commission that were found deficient. (2) The report shall not contain any administrative regulation that was found deficient and: (a) Has been withdrawn; or (b) Is no longer considered deficient under KRS 13A.335. (3) The report shall contain at least the following information for each administrative regulation in the report: (a) Administrative regulation number and title; (b) Name of the promulgating agency; (c) Date of deficiency determination; (d) Name of the legislative committee that made the deficiency determination; (e) Effective date, if it is in effect; (f) The finding of deficiency and any other findings, recommendations, or comments sent to the Governor; and (g) If applicable under KRS 13A.330, the Governor's determination regarding the deficiency, if received by the Commission. (4) The first page of the report required by subsection (1) of this section shall contain the following text, in fourteen (14) point font or larger: "To ratify the deficiency findings listed in this report, a co-chair or other legislator may request that Legislative Research Commission staff prepare a bill: (a) Declaring that one (1) or more administrative regulations listed in the report shall be void; or (b) Amending the relevant subject matter statutes in conformity with the findings of deficiency." Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 20, effective February 2, 2021. -- Created 2019 Ky. Acts ch. 192, sec. 1, effective June 27, 2019.

KRS 13A.337 Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations -- Judicial review

13A.337. Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations -- Judicial review (1) The General Assembly finds that certain administrative regulations, as evidenced by the records of the Legislative Research Commission, including but not limited to the Kentucky Administrative Regulations Service and the Administrative Register of Kentucky, were found deficient on or after July 15, 1988, and either expired prior to or upon adjournment of the 2001 General Assembly, or were scheduled to expire upon adjournment of the 2002 Regular Session of the General Assembly, under the provisions of KRS Chapter 13A as existing before the issuance of the Opinion and Order of the Franklin Circuit Court in Patton v. Sherman et al., Civil Action No. 01- CI-00660, entered January 11, 2002. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulations identified in subsection (1) of this section shall be null, void, and unenforceable, as follows: (a) Those administrative regulations identified in subsection (1) of this section which expired prior to or upon adjournment of the 2001 Regular Session of the General Assembly under the provisions of KRS Chapter 13A existing before the issuance of the court order referenced in subsection (1) of this section shall be null, void, and unenforceable as of their recorded date of expiration, according to the records of the Legislative Research Commission. Administrative bodies and regulated persons and entities have relied on the assumption that these administrative regulations have previously expired; therefore, this subsection shall have the retroactive effect necessary to implement its provisions; and (b) Those administrative regulations identified in subsection (1) of this section due to expire upon adjournment of the 2002 Regular Session of the General Assembly, under the provisions of KRS Chapter 13A existing before the issuance of the court order referenced in subsection (1) of this section, shall be null, void, and unenforceable on March 27, 2002. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, an administrative body shall be prohibited from promulgating an administrative regulation that is identical to or substantially the same as any administrative regulation identified in subsection (1) of this section for a period beginning on January 11, 2002, and concluding upon adjournment of the 2003 Regular Session of the General Assembly. This subsection shall have the retroactive effect necessary to implement its provisions. (4) The Legislative Research Commission may file an action in the Franklin Circuit Court for judicial review to determine if any administrative regulation is lawfully promulgated in accordance with the laws and Constitution of the Commonwealth of Kentucky. Effective: March 27, 2002 History: Created 2002 Ky. Acts ch. 76, sec. 1, effective March 27, 2002.

KRS 13A.338 Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations within specified time

13A.338. Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations within specified time (1) The General Assembly finds that certain administrative regulations as evidenced by the records of the Legislative Research Commission, including but not limited to the Kentucky Administrative Regulations Service and the Administrative Register of Kentucky, were found deficient but became effective notwithstanding the finding of deficiency, pursuant to KRS 13A.330, on or after March 27, 2002, and before March 16, 2004. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, each administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 16, 2004. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, any of the administrative regulations referenced in subsection (1) of this section for a period beginning on March 16, 2004, and concluding on June 1, 2005. (4) A list of the administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 7, sec. 21, effective February 2, 2021. -- Created 2004 Ky. Acts ch. 11, sec. 1, effective March 16, 2004.

KRS 13A.339 Unenforceability of certain administrative regulations that became effective notwithstanding finding of deficiency

13A.339. Unenforceability of certain administrative regulations that became effective notwithstanding finding of deficiency (1) The General Assembly finds that certain administrative regulations as evidenced by the records of the Legislative Research Commission, including but not limited to the Kentucky Administrative Regulations Service and the Administrative Register of Kentucky, were found deficient but became effective notwithstanding the finding of deficiency, pursuant to KRS 13A.330, on or after April 15, 2020, and before January 5, 2021, and were found deficient pursuant to KRS 13A.336 including: (a) 803 KAR 2:180, Labor Cabinet, Department of Workplace Standards, Recordkeeping, reporting, statistics; (b) 921 KAR 3:025, Cabinet for Health and Family Services, Department for Community Based Services, Technical requirements; and (c) 921 KAR 3:025E, Cabinet for Health and Family Services, Department for Community Based Services, Technical requirements, emergency. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, each administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of June 29, 2021. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, any of the administrative regulations referenced in subsection (1) of this section for a period beginning on March 30, 2021, and concluding on June 1, 2022. (4) A list of the administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 165, sec. 1, effective June 29, 2021.

KRS 13A.340 Repealed, 1990

13A.340. Repealed, 1990 Catchline at repeal: Notification of administrative regulations filed prior to July 14, 1984, which are to remain in effect -- Procedure -- Repeal of administrative regulations for which no notice is received by July 1, 1985. History: Repealed 1990 Ky. Acts ch. 516, sec. 32, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 417, sec. 34, effective April 13, 1984.

KRS 13A.341 Unenforceability of 702 KAR 1:195E, Face Coverings in School Facilities, after September 9, 2021

13A.341. Unenforceability of 702 KAR 1:195E, Face Coverings in School Facilities, after September 9, 2021 (1) The General Assembly finds that 702 KAR 1:195E, Face Coverings in School Facilities, was found deficient but remained effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, on or after August 17, 2021, and before September 9, 2021, as evidenced by records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable five (5) working days from September 9, 2021. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on September 9, 2021, and concluding on June 1, 2023. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: September 9, 2021 History: Created 2021 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 2, effective September 9, 2021.

KRS 13A.342 Unenforceability of 902 KAR 2:211E, Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021

13A.342. Unenforceability of 902 KAR 2:211E, Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021 (1) The General Assembly finds that 902 KAR 2:211E, Covering the Face in Response to Declared National or State Public Health Emergency, was found deficient and then later withdrawn by the agency on June 11, 2021, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of September 9, 2021. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on September 9, 2021, and concluding on June 1, 2023. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: September 9, 2021 History: Created 2021 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 10, effective September 9, 2021.

KRS 13A.343 Unenforceability of 902 KAR 2:212E, Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021

13A.343. Unenforceability of 902 KAR 2:212E, Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021 (1) The General Assembly finds that 902 KAR 2:212E, Covering the Face in Response to Declared National or State Public Health Emergency, was found deficient but remained effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, on or after March 30, 2021, and before September 9, 2021, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of September 9, 2021. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on September 9, 2021, and concluding on June 1, 2023. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: September 9, 2021 History: Created 2021 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 11, effective September 9, 2021.

KRS 13A.344 Unenforceability of 902 KAR 2:213E, Childcare Standards for Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021

13A.344. Unenforceability of 902 KAR 2:213E, Childcare Standards for Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021 (1) The General Assembly finds that 902 KAR 2:213E, Childcare Standards for Covering the Face in Response to Declared National or State Public Health Emergency, was found deficient but remained effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, on or after March 30, 2021, and before September 9, 2021, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of September 9, 2021. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on September 9, 2021, and concluding on June 1, 2023. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: September 9, 2021 History: Created 2021 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 1, effective September 9, 2021.

KRS 13A.345 Repealed, 1988

13A.345. Repealed, 1988 Catchline at repeal: Expiration of administrative regulations -- Enactment of regulations into statute. History: Repealed 1988 Ky. Acts ch. 71, sec. 11, effective March 16, 1988. -- Created 1986 Ky. Acts ch. 499, sec. 9, effective July 15, 1986.

KRS 13A.346 Repealed, 1994

13A.346. Repealed, 1994 Catchline at repeal: Quadrennial review of administrative regulations by LRC subcommittee -- Schedule. History: Repealed 1994 Ky. Acts ch. 37, sec. 1. effective July 15, 1994. -- Created 1988 Ky. Acts ch. 71, sec. 8, effective July 15, 1988.

KRS 13A.347 Repealed, 1994

13A.347. Repealed, 1994 Catchline at repeal: Assignment by LRC to subcommittee -- Public meeting -- Reports required -- Expiration of administrative regulations -- Enactment into statute -- Prohibition concerning promulgation. History: Repealed 1994 Ky. Acts ch. 37, sec. 1, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 71, sec. 9, effective July 15, 1988. Legislative Research Commission Note (7/15/94). Under KRS 446.260, the repeal of this section in 1994 Ky. Acts ch. 37 prevails over its amendment in 1994 Ky. Acts ch. 486.

KRS 13A.350 Application of chapter

13A.350. Application of chapter (1) The provisions of this chapter shall apply to all grants of authority to promulgate administrative regulations and no administrative regulation shall be promulgated or adopted unless in conformity with the provisions of this chapter. (2) The provisions of this chapter shall apply to all other acts passed by the 1984 Session of the General Assembly. (3) Any grant of authority for an administrative body to promulgate rules or standards is repealed, unless authorized by this chapter. (4) Any grant of authority for an administrative body to promulgate administrative regulations which is in conflict with the provisions of this chapter shall be repealed to the extent that it conflicts with the provisions of this chapter, regardless of whether the grant of authority is broader than that contained in this chapter. (5) Any existing statute and any act passed by the 1984 Session of the General Assembly which is in conflict with the provisions of this chapter is repealed to the extent of the conflict. Effective: April 13, 1984 History: Created 1984 Ky. Acts ch. 417, sec. 35, effective April 13, 1984.

KRS 13A.2245 Incorporation of code or uniform standard by reference

13A.2245. Incorporation of code or uniform standard by reference (1) An administrative body may incorporate by reference a code or uniform standard if a federal or state statute: (a) Requires or authorizes an administrative body to implement, or a regulated entity to comply with, the provisions of that code or uniform standard; and (b) Does not set forth the code or uniform standard, or a comprehensive scheme of regulation. (2) If a code or uniform standard is changed by the administrative body, the administrative body shall: (a) Clearly state the provisions in the body of the administrative regulation that are different than those included in the code or uniform standard; and (b) File with the regulations compiler a: 1. Copy of the code or uniform standard; 2. Summary listing the pages upon which changes have been made; and 3. Detailed summary of the changes and their effect. The summaries shall be attached to the back of the proposed administrative regulation. (3) If a federal regulation requires an administrative body to adopt, develop, or implement material of a scientific or technical nature that does not lend itself to the format requirements of KRS Chapter 13A, the administrative body may incorporate the material by reference in an administrative regulation as provided by KRS 13A.2251 and 13A.2255. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 138, sec. 6, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 8, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 11, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 516, sec. 6, effective July 13, 1990.

KRS 13A.2251 Information required in administrative regulation when incorporating material by reference

13A.2251. Information required in administrative regulation when incorporating material by reference (1) An administrative body shall incorporate material by reference in the last section of an administrative regulation. This section shall include: (a) The title of the material incorporated by reference placed in quotation marks, followed by the edition date of the material; (b) Information on how the material may be obtained; and (c) A statement that the material is available for public inspection and copying, subject to copyright law, at the main, regional, or branch offices of the administrative body, and the address and office hours of each. Following the required statement, the administrative body shall include information that states the administrative body's website address or telephone number or that provides contact information for other sources that may have the material available to the public. (2) The section incorporating material by reference shall be titled "Incorporation by Reference". (a) If only one (1) item is incorporated by reference, the first subsection of the section incorporating material by reference shall contain the following statement: "(name and edition date of material incorporated) is incorporated by reference." (b) If more than one (1) item is incorporated by reference, the first subsection of the section incorporating material by reference shall contain the following statement: "The following material is incorporated by reference: (a) (name and edition date of first item incorporated); and (b) (name and edition date of second item incorporated)." (c) The second subsection of the section incorporating material by reference shall include the following statement: "This material may be inspected, copied, or obtained, subject to applicable copyright law, at (name of administrative body, full address), Monday through Friday, (state the regular office hours)." (3) A summary of the incorporated material shall be attached to an administrative regulation that incorporates material by reference. This summary shall include: (a) The name and edition date of each item incorporated by reference; (b) An explanation of each item and its intended use; and (c) The total number of pages incorporated by reference. (4) (a) One (1) copy of the material incorporated by reference shall be filed with the regulations compiler when the administrative regulation is filed, and: 1. For material incorporated by reference that was developed by the promulgating administrative body: a. The material incorporated by reference shall be prominently displayed on the administrative body's website; and b. The Uniform Resource Locator (URL) of the address where the material may be directly viewed on the agency's website shall be included in the body of the administrative regulation; or 2. For material incorporated by reference that is 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, including the ISBN if available. (b) Material incorporated by reference shall be placed in a binder, attached to the back of the administrative regulation, filed on a CD-ROM or DVD, or filed in a different electronic format approved by the regulations compiler. 1. If the material is placed in a binder, the administrative body shall indicate, on the front binder cover and on the first page of the material incorporated by reference, the: a. Number of the administrative regulation to which the material incorporated by reference pertains; b. Date on which it is filed; and c. Citation of each item that is included in the binder. 2. The material incorporated by reference may be attached to the back of the administrative regulation if it is: a. No more than ten (10) pages in length; and b. Typewritten on white paper, size eight and one -half (8 1/2) by eleven (11) inches, and single -sided. 3. The material incorporated by reference may be filed on a CD-ROM or DVD disc if the material is saved in Adobe Portable Document Format (PDF). The administrative body shall indicate on the disc and the disc's storage case the: a. Number of the administrative regulation to which the material incorporated by reference pertains; b. Date on which it is filed; and c. Citation of each item that is included on the disc. (c) If the same material is incorporated by reference in more than one (1) administrative regulation, an administrative body may file one (1) copy of the material in a binder, on a CD-ROM or DVD disc, or in a different electronic format approved by the regulations compiler. The numbers of the administrative regulations in which the material is incorpor ated by reference shall be indicated with the other information as required by paragraph (b) of this subsection. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 5, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 7, sec. 6, effective February 2, 2021. -- Amended 2016 Ky. Acts ch. 82, sec. 18, effective July 15, 2016. -- Amended 2005 Ky. Acts ch. 100, sec. 9, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 12, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 5, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 10, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 14, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 516, sec. 7, effective July 13, 1990.

KRS 13A.2255 Amendment of material previously incorporated by reference

13A.2255. Amendment of material previously incorporated by reference (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) An entire new document in which the amendments have been made but are not reflected in the manner specified in KRS 13A.222(2), and: 1. If the new document has been developed by the promulgating administrative body, the entire document shall be displayed prominently on the administrative body's website and the Uniform Resou rce Locator (URL) of the address where the material may be directly viewed on the agency's website shall be included in the body of the administrative regulation; or 2. 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, including the ISBN if available; (c) A summary of the amended material. This summary shall: 1. Include the name and edition date of each item incorporated by reference, an explanation of each item's changes and their effect, and the total number of pages incorporated by reference; 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 mater ial 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: June 27, 2025 History: Amended 2025 Ky. Acts ch. 88, sec. 6, effective June 27, 2025. -- 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.

KRS 13A.2261 Federal statutes and regulations not to be incorporated by reference

13A.2261. Federal statutes and regulations not to be incorporated by reference Federal statutes and regulations shall not be incorporated by reference. If applicable, they shall be cited in the "RELATES TO" and "STATUTORY AUTHORITY" references in a proposed administrative regulation. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 100, sec. 11, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 516, sec. 9, effective July 13, 1990.

KRS 13A.2264 Repealed, 2005

13A.2264. Repealed, 2005 Catchline at repeal: Incorporation by reference of federal regulation -- Prohibitions. History: Repealed 2005 Ky. Acts ch. 100, sec. 24, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 38, sec. 11, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 516, sec. 10, effective July 13, 1990.

KRS 13A.2267 Repealed, 2005

13A.2267. Repealed, 2005 Catchline at repeal: Certain federal regulations prohibited from incorporation -- Procedure for submission of federal regulations. History: Repealed 2005 Ky. Acts ch. 100, sec. 24, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 38, sec. 12, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 516, sec. 11, effective July 13, 1990.

KRS 13A.3102 Expiration of administrative regulations

13A.3102. Expiration of administrative regulations (1) An ordinary administrative regulation with a last effective date on or after March 1, 2013, shall expire seven (7) years after its last effective date, except as provided by the certification process in KRS 13A.3104. (2) An ordinary administrative regulation with a last effective date before March 1, 2013, shall expire on March 1, 2020, except as provided by the certification process in KRS 13A.3104. (3) For all administrative regulations that expire under this section or KRS 13A.3104, the regulations compiler shall: (a) Delete them from the Kentucky Administrative Regulations Service; (b) Add them to the list of ineffective administrative regulations; and (c) Beginning on September 1, 2020, and at least once every six (6) months thereafter, publish a list of administrative regulations that have expired since the most recent previous list was published under this paragraph. (4) Within three (3) months of June 27, 2019, and at least once every six (6) months thereafter, the regulations compiler shall publish a list of existing administrative regulations and their corresponding last effective dates. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 192, sec. 10, effective June 27, 2019. -- Created 2017 Ky. Acts ch. 77, sec. 4, effective June 29, 2017.

KRS 13A.3104 Certification process for avoiding expiration of administrative regulations -- When regulations expire

13A.3104. Certification process for avoiding expiration of administrative regulations -- When regulations expire (1) If an administrative body does not want an administrative regulation to expire under KRS 13A.3102, the administrative body shall, in the twelve (12) months prior to the expiration date: (a) Review the administrative regulation in its entirety for compliance with current law governing the subject matter of the administrative regulation; (b) File a certification letter with the regulations compiler stating whether the administrative regulation: 1. Shall be amended because it is not in compliance with current governing law or otherwise needs amendment; 2. Shall remain in effect without amendment because it is in compliance with current governing law; or 3. Is in need of amendment and a proposed amendment has already been filed; and (c) Not be required to consider KRS Chapter 13A drafting and formatting requirements as part of its review. (2) The certification letter shall be on the administrative body's official letterhead, in the format prescribed by the regulations compiler, and include the following information: (a) The name of the administrative body; (b) The number of the administrative regulation; (c) The title of the administrative regulation; (d) The statement required by subsection (1)(b) of this section; (e) A brief statement in support of the decision; and (f) The authorizing signature of the administrative body. (3) (a) If the certification letter was filed pursuant to subsection (1)(b)1. of this section, stating that the administrative regulation shall be amended, the administrative body shall file an amendment to the administrative regulation in accordance with KRS Chapter 13A within eighteen (18) months of the date the certification letter was filed. (b) If the amendment was filed in accordance with paragraph (a) of this subsection: 1. The administrative regulation shall not expire if the amendment is continuing through the administrative regulations process; or 2. The administrative regulation shall expire on the date the amendment is withdrawn or otherwise ceases going through the administrative regulations process. (c) Once the amendment is effective, the regulations compiler shall update the last effective date for that administrative regulation to reflect the amendment's effective date. (d) If the amendment was not filed in accordance with paragraph (a) of this subsection, the administrative regulation shall expire at the end of the eighteen (18) month period. (4) If the certification letter was filed pursuant to subsection (1)(b)2. of this section, stating that the administrative regulation shall remain in effect without amendment, the regulations compiler shall: (a) Update the administrative regulation's history line to state that a certification letter was received; and (b) Change the last effective date of the administrative regulation to the date the certification letter was received. (5) (a) If the certification letter was filed pursuant to subsection (1)(b)3. of this section, stating that a proposed amendment has already been filed: 1. The administrative regulation shall not expire if the amendment is continuing through the administrative regulations process; or 2. The administrative regulation shall expire on the date the amendment is withdrawn or otherwise ceases going through the administrative regulations process. (b) Once the amendment is effective, the regulations compiler shall update the last effective date for that administrative regulation to reflect the amendment's effective date. (6) If filed by the deadline established in KRS 13A.050(3), the regulations compiler shall publish in the Administrative Register of Kentucky each certification letter received: (a) In summary format; or (b) In its entirety. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 125, sec. 3, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 11, effective June 27, 2019. -- Created 2017 Ky. Acts ch. 77, sec. 5, effective June 29, 2017.

KRS 13A.3441 Unenforceability of proposed amendment to 803 KAR 25:190, relating to utilization review and medical bill audits, as of April 14, 2022

13A.3441. Unenforceability of proposed amendment to 803 KAR 25:190, relating to utilization review and medical bill audits, as of April 14, 2022 (1) The General Assembly finds that a proposed amendment of 803 KAR 25:190, relating to utilization review and medical bill audits, filed with the Commission on February 18, 2021, by the Department of Workers' Claims, was found deficient on or after March 30, 2021, and before January 4, 2022, but determined to become effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, as evidenced by records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding: (a) If the proposed amendment of 803 KAR 25:190 referenced in subsection (1) of this section has not been adopted on or before April 14, 2022, the proposed amendment shall expire as of April 14, 2022; or (b) If the proposed amendment of 803 KAR 25:190 referenced in subsection (1) of this section has been adopted on or before April 14, 2022, 803 KAR 25:190 shall be null, void, and unenforceable as of April 14, 2022. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the proposed amendment of 803 KAR 25:190 referenced in subsection (1) of this section for a period beginning on January 4, 2022, and concluding on June 1, 2023. (4) The proposed amendment referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 9, 2026 History: Amended 2026 Ky. Acts ch. 61, sec. 11, effective April 9, 2026. -- Created 2022 Ky. Acts ch. 217, sec. 1, effective April 14, 2022.

KRS 13A.3442 Unenforceability of 702 KAR 1:192E, District Employee Quarantine Leave, as of April 14, 2022

13A.3442. Unenforceability of 702 KAR 1:192E, District Employee Quarantine Leave, as of April 14, 2022 (1) The General Assembly finds that 702 KAR 1:192E, District Employee Quarantine Leave, was found deficient pursuant to KRS 13A.330, on or after March 30, 2021, and before April 14, 2022, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of April 12, 2022. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on January 4, 2022, and concluding on June 1, 2023. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 217, sec. 2, effective April 14, 2022.

KRS 13A.3443 Unenforceability of 803 KAR 1:006, Employer-Employee Relationship, as of March 29, 2023

13A.3443. Unenforceability of 803 KAR 1:006, Employer-Employee Relationship, as of March 29, 2023 (1) The General Assembly finds that 803 KAR 1:006, Employer-Employee Relationship, was found deficient but became effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, on or after April 14, 2022, and before March 30, 2023, as evidenced by records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative regulation referenced in subsection (1) of this section, including any subsequently filed amendment, shall be null, void, and unenforceable as of March 29, 2023. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on January 3, 2023, and concluding on June 1, 2024. (4) The administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: March 29, 2023 History: Created 2023 Ky. Acts ch. 137, sec. 1, effective March 29, 2023.

KRS 13A.3444 Unenforceability of proposed emergency and ordinary amendments of 907 KAR 1:026, 907 KAR 1:038, and 907 KAR 1:632 as of March 29, 2023

13A.3444. Unenforceability of proposed emergency and ordinary amendments of 907 KAR 1:026, 907 KAR 1:038, and 907 KAR 1:632 as of March 29, 2023 (1) The General Assembly finds that proposed emergency and ordinary amendments of the following administrative regulations were found deficient pursuant to KRS 13A.030, on or after April 14, 2022, and before March 30, 2023, as evidenced by the records of the Legislative Research Commission: (a) 907 KAR 1:026, Dental Services’ Coverage Provisions and Requirements; (b) 907 KAR 1:038, Hearing Program Coverage Provisions and Requirements; and (c) 907 KAR 1:632, Vision Program Coverage Provisions and Requirements. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding: (a) The proposed emergency amendments referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 29, 2023; and (b) 1. If the proposed ordinary amendments referenced in subsection (1) of this section have not been adopted on or before the March 29, 2023, the proposed ordinary amendments shall expire as of March 29, 2023; or 2. If the proposed ordinary amendments referenced in subsection (1) of this section have been adopted on or before March 29, 2023, the administrative regulations, including any subsequently filed amendments, shall be null, void, and unenforceable as of March 29, 2023. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the proposed amendments referenced in subsection (1) of this section for a period beginning on January 3, 2023, and concluding on June 1, 2024. (4) The proposed amendments referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: March 29, 2023 History: Created 2023 Ky. Acts ch. 137, sec. 2, effective March 29, 2023. Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 127, sec. 4, provides that: "The Department for Medicaid Services shall reimburse providers utilizing the fee schedule in effect as of January 1, 2023, for services rendered or initiated prior to the effective date of this Act. Nothing in Section 2 of this Act [this statute] shall be construed to prohibit or prevent the Department for Medicaid Services from covering the services that were initiated prior to the effective date of this Act." Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 127, sec. 5, provides that: "Nothing in Section 2 of this Act [this statute] shall be construed to prohibit or prevent the Department for Medicaid Services from increasing reimbursement rates after the effective date of this Act for the dental, hearing, and vision services that were covered before January 1, 2023."

KRS 13A.3445 Unenforceability of proposed amendment to 201 KAR 2:380, Board Authorized Protocols, as of March 29, 2023

13A.3445. Unenforceability of proposed amendment to 201 KAR 2:380, Board Authorized Protocols, as of March 29, 2023 (1) The General Assembly finds that the proposed emergency amendment of 201 KAR 2:380, Board Authorized Protocols, was found deficient pursuant to KRS 13A.030, on or after April 14, 2022, and before March 30, 2023, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the proposed emergency amendment referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 29, 2023. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the proposed emergency amendment referenced in subsection (1) of this section for a period beginning on January 3, 2023, and concluding on June 1, 2024. (4) The proposed emergency amendment referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: March 29, 2023 History: Created 2023 Ky. Acts ch. 137, sec. 3, effective March 29, 2023.

KRS 13A.3446 Unenforceability of 201 KAR 23:170, Telehealth and Social Work Practice, as of April 12, 2024

13A.3446. Unenforceability of 201 KAR 23:170, Telehealth and Social Work Practice, as of April 12, 2024 (1) The General Assembly finds that the proposed administrative regulation, 201 KAR 23:170, Telehealth and Social Work Practice, was found deficient pursuant to KRS 13A.030, on or after March 30, 2023, and before April 15, 2024, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding: (a) If the proposed administrative regulation referenced in subsection (1) of this section has not been adopted on or before April 12, 2024, the proposed administrative regulation shall expire as of April 12, 2024; or (b) If the proposed administrative regulation referenced in subsection (1) of this section has been adopted on or before April 12, 2024, the administrative regulation shall be null, void, and unenforceable as of April 12, 2024. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the proposed administrative regulation referenced in subsection (1) of this section for a period beginning on January 2, 2024, and concluding on June 1, 2025. (4) The proposed administrative regulation referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 12, 2024 History: Created 2024 Ky. Acts ch. 168, sec. 1, effective April 12, 2024.

KRS 13A.3447 Unenforceability of 907 KAR 1:038E, 907 KAR 1:126E, and 907 KAR 1:632E, as of April 12, 2024

13A.3447. Unenforceability of 907 KAR 1:038E, 907 KAR 1:126E, and 907 KAR 1:632E, as of April 12, 2024 (1) The General Assembly finds that the following emergency administrative regulations were found deficient pursuant to KRS 13A.030, on or after March 30, 2023, and before April 15, 2024, as evidenced by the records of the Legislative Research Commission: (a) 907 KAR 1:038E, Hearing Program Coverage Provisions and Requirements; (b) 907 KAR 1:126E, Dental Services’ Coverage Provisions and Requirements; and (c) 907 KAR 1:632E, Vision Program Coverage Provisions and Requirements. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the emergency administrative regulations referenced in subsection (1) of this section shall be null, void, and unenforceable as of April 12, 2024. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the emergency administrative regulations referenced in subsection (1) of this section for a period beginning on January 2, 2024, and concluding on June 1, 2025. (4) The emergency administrative regulations referenced in subsec tion (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 12, 2024 History: Created 2024 Ky. Acts ch. 168, sec. 2, effective April 12, 2024.

KRS 13A.3448 Unenforceability of 907 KAR 1:044 and 907 KAR 15:005 as of March 27, 2025

13A.3448. Unenforceability of 907 KAR 1:044 and 907 KAR 15:005 as of March 27, 2025 (1) The General Assembly finds that proposed ordinary amendments of the following administrative regulations were found deficient pursuant to KRS 13A.030, and then later withdrawn by the administrative body, on or after April 15, 2024, and before March 30, 2025, as evidenced by the records of the Legislative Research Commission: (a) 907 KAR 1:044, Coverage Provisions and Requirements Regarding Community Mental Health Center Behavioral Health Services; and (b) 907 KAR 15:005, Definitions for 907 KAR Chapter 15. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the proposed ordinary amendments referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 27, 2025. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the proposed amendments referenced in subsection (1) of this section for a period beginning on January 7, 2025, and concluding on June 1, 2026. (4) The proposed amendments referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: March 27, 2025 History: Created 2025 Ky. Acts ch. 114, sec. 1, effective March 27, 2025.

KRS 13A.3449 Unenforceability of 405 KAR 10:001, 405 KAR 10:015, and 808 KAR 3:050 as of March 27, 2025

13A.3449. Unenforceability of 405 KAR 10:001, 405 KAR 10:015, and 808 KAR 3:050 as of March 27, 2025 (1) The General Assembly finds that proposed ordinary amendments of the following administrative regulations were found deficient pursuant to KRS 13A.030, on or after April 15, 2024, and before March 30, 2025, as evidenced by the records of the Legislative Research Commission: (a) 405 KAR 10:001, Definitions for 405 KAR Chapter 10; (b) 405 KAR 10:015, General Bonding Provisions; and (c) 808 KAR 3:050, Conduct of Credit Unions. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the proposed ordinary amendments referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 27, 2025. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the proposed amendments referenced in subsection (1) of this section for a period beginning on January 7, 2025, and concluding on June 1, 2026. (4) The proposed amendments referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: March 27, 2025 History: Created 2025 Ky. Acts ch. 114, sec. 2, effective March 27, 2025.

KRS 13A.3451 Unenforceability of 907 KAR 23:010 as of April 14, 2026

13A.3451. Unenforceability of 907 KAR 23:010 as of April 14, 2026 (1) The General Assembly finds that the proposed ordinary amendment to 907 KAR 23:010, Outpatient Pharmacy Program, was found deficient pursuant to KRS 13A.030, on or after March 28, 2025, and before April 15, 2026, as evidenced by the records of the Legislative Research Commission. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding: (a) If the proposed ordinary amendment referenced in subsection (1) of this section has not been adopted on or before April 14, 2026, the proposed ordinary amendment shall expire as of April 14, 2026; or (b) If the proposed ordinary amendment referenced in subsection (1) of this section has been adopted on or before April 14, 2026, the administrative regulation, including any subsequently filed amendments, shall be null, void, and unenforceable as of April 14, 2026. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the proposed amendment referenced in subsection (1) of this section for a period beginning on January 6, 2026, and concluding on June 1, 2027. (4) The proposed amendment referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 156, sec. 1, effective April 14, 2026.

KRS 13A.3452 Unenforceability of 804 KAR 13:020 and Emergency and 804 KAR 13:030 and Emergency as of April 14, 2026

13A.3452. Unenforceability of 804 KAR 13:020 and Emergency and 804 KAR 13:030 and Emergency as of April 14, 2026 (1) The General Assembly finds that the following proposed administrative regulations were found deficient pursuant to KRS 13A.030, on or after March 28, 2025, and before April 15, 2026, as evidenced by the records of the Legislative Research Commission: (a) 804 KAR 13:020 and Emergency, Tobacco, nicotine, or vapor product license application forms; and (b) 804 KAR 13:030 and Emergency, Causes for denial of tobacco, nicotine, or vapor product license. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the proposed administrative regulations referenced in subsection (1) of this section shall be null, void, and unenforceable as of April 14, 2026. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the proposed administrative regulations referenced in subsection (1) of this section for a period beginning on January 6, 2026, and concluding on June 1, 2027. (4) The proposed administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 156, sec. 2, effective April 14, 2026.

KRS 13A.3453 Unenforceability of 601 KAR 9:120 and Emergency, 902 KAR 55:110, and 922 KAR 1:565 as of April 14, 2026

13A.3453. Unenforceability of 601 KAR 9:120 and Emergency, 902 KAR 55:110, and 922 KAR 1:565 as of April 14, 2026 (1) The General Assembly finds that the following proposed administrative regulations were found deficient pursuant to KRS 13A.030, on or after March 28, 2025, and before April 15, 2026, as evidenced by the records of the Legislative Research Commission: (a) 601 KAR 9:120 and Emergency, Accessible online insurance verification system; (b) 902 KAR 55:110, Monitoring system for prescription controlled substances; and (c) 922 KAR 1:565, Service array for a relative or fictive kin caregiver. (2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the proposed administrative regulations referenced in subsection (1) of this section shall be null, void, and unenforceable as of April 14, 2026. (3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating administrative regulations that are identical to, or substantially the same as, the proposed administrative regulations referenced in subsection (1) of this section for a period beginning on January 6, 2026, and concluding on June 1, 2027. (4) The proposed administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission's regulations compiler. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 156, sec. 3, effective April 14, 2026.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37084Fetched: 10/20/2026