KRS § 13A.220 — KY Code / Title III / Chapter 13A / Section 13A.220
13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with compiler -- Format
Status: in_force

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 electronic

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 the 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 body, 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 designated 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 administrative 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 official 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.