Title III, Executive Branch

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 ad…

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) member…

(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 regul…

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 re…

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 Regula…

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 bo…

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 …

notice of review process and procedures for public comment.

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 con…

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 gener…

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, …

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 Raci…

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…

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 regul…

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 with…

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…

(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…

hearing is required before filing of administrative regulations -- Publication.

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.

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.

(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 …

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 …

(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,…

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 cha…

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…

(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 gener…

(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 …

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 promulg…

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…

(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 no…

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 da…

(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 amen…

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.

(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 …

(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 i…

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 feder…

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 administrati…

entities -- Fiscal note. (1) An administrative body that promulgates an administrative regulation shall consider the cost that the administrative regulation may cause state or local government and regulated entities to incur. (2) (a) A two (2) part cost analysis shall be complete…

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 req…

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 Admin…

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 Commissio…

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…

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 …

(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 reg…

(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 effec…

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 en…

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 i…

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 …

committee or public meeting -- Format. (1) (a) An administrative body may amend a filed ordinary or emergency administrative regulation at a legislative committee meeting with the consent of the legislative committee. A legislative committee may amend a filed ordinary or emergenc…

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 co…