Title III, Executive Branch

(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…

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

(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 Commissi…

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 Res…