KRS § 13A.190 — KY Code / Title III / Chapter 13A / Section 13A.190
13A.190 Emergency administrative regulations
Status: in_force

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 the 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.