Title III, Executive Branch
15 chapters · 759 sections in this title.
KRS § 13A.180 Ordinary administrative regulation defined
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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.
KRS § 13A.190 Emergency administrative regulations
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(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 …
KRS § 13A.200 Administrative regulation in contemplation of a statute -- Procedure
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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 …
KRS § 13A.210 Tiering of administrative regulations
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(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,…
KRS § 13A.215 Use of administrative regulation management application – Paper-based filing requirements -- Notification to the regulations compiler
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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…
KRS § 13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with compiler -- Format
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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…
KRS § 13A.221 Division of subject matter of administrative regulation
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(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…
KRS § 13A.222 Drafting rules
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(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 …
KRS § 13A.223 Prior review of administrative regulations by Medicaid Oversight and Advisory Board
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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…
KRS § 13A.224 General requirements for incorporation by reference
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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…
KRS § 13A.2245 Incorporation of code or uniform standard by reference
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(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…
KRS § 13A.2251 Information required in administrative regulation when incorporating material by reference
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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…
KRS § 13A.2255 Amendment of material previously incorporated by reference
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(1) When an administrative body amends material that had been previously incorporated by reference, the amendment shall be accomplished by submission of: (a) An amendment to the administrative regulation with a new edition date for the material incorporated by reference. The amen…
KRS § 13A.2261 Federal statutes and regulations not to be incorporated by reference
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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.
KRS § 13A.230 Other material to be filed with and e-mailed to compiler
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(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 …
KRS § 13A.240 Regulatory impact analysis
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(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…
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
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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…
KRS § 13A.247 Interpretation of law by administrative body not entitled to deference from reviewing court
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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…
KRS § 13A.250 Consideration of costs to local and state government and to regulated entities -- Fiscal note
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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…
KRS § 13A.255 Notice of ordinary administrative regulation proposing to establish or increase fees
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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…
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
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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…
KRS § 13A.280 Statement of consideration -- Amendment -- Format -- Information required -- Publication
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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…
KRS § 13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee
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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…
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
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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 …
KRS § 13A.310 Repeal or permissive withdrawal of administrative regulation
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(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…
KRS § 13A.3102 Expiration of administrative regulations
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(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…
KRS § 13A.3104 Certification process for avoiding expiration of administrative regulations -- When regulations expire
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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…
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
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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…
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
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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 …
KRS § 13A.320 Amendment of administrative regulation during meeting of legislative committee or public meeting -- Format
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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…
KRS § 13A.330 Notification of finding of deficiency -- Governor's determination after finding of deficiency
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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…
KRS § 13A.331 Adoption and effective date of ordinary administrative regulation that has been referred to a legislative committee
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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 adjou…
KRS § 13A.335 Reasons administrative regulation found deficient shall not be considered deficient -- Notice
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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 …
KRS § 13A.336 Annual report on administrative regulations found deficient -- Contents
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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 repor…
KRS § 13A.337 Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations -- Judicial review
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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 Administrat…
KRS § 13A.338 Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations within specified time
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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 Administr…
KRS § 13A.339 Unenforceability of certain administrative regulations that became effective notwithstanding finding of deficiency
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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 Adminis…
KRS § 13A.341 Unenforceability of 702 KAR 1:195E, Face Coverings in School Facilities, after September 9, 2021
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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, 202…
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
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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…
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
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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 fin…
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
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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 bu…
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
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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' Clai…
KRS § 13A.3442 Unenforceability of 702 KAR 1:192E, District Employee Quarantine Leave, as of April 14, 2022
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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 Commiss…
KRS § 13A.3443 Unenforceability of 803 KAR 1:006, Employer-Employee Relationship, as of March 29, 2023
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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…
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
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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 Ma…
KRS § 13A.3445 Unenforceability of proposed amendment to 201 KAR 2:380, Board Authorized Protocols, as of March 29, 2023
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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 r…
KRS § 13A.3446 Unenforceability of 201 KAR 23:170, Telehealth and Social Work Practice, as of April 12, 2024
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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…
KRS § 13A.3447 Unenforceability of 907 KAR 1:038E, 907 KAR 1:126E, and 907 KAR 1:632E, as of April 12, 2024
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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 Commis…
KRS § 13A.3448 Unenforceability of 907 KAR 1:044 and 907 KAR 15:005 as of March 27, 2025
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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 evidence…
KRS § 13A.3449 Unenforceability of 405 KAR 10:001, 405 KAR 10:015, and 808 KAR 3:050 as of March 27, 2025
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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 Legisla…