KRS § 13A.010 — KY Code / Title III / Chapter 13A / Section 13A.010
13A.010 Definitions for chapter
Status: in_force

13A.010 Definitions for chapter.

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 administrative regulations;

(2) "Administrative regulation" means each statement of general applicability

promulgated by an administrative body that implements, interprets, or prescribes

law or policy, or describes the organization, procedure, or practice requirements of

any administrative body. The term includes an existing administrative regulation, a

new administrative regulation, an emergency administrative regulation, an

administrative regulation in contemplation of a statute, and the amendment or

repeal of an existing administrative regulation, but does not include:

(a) Statements concerning only the internal management of an administrative

body and not affecting private rights or procedures available to the public;

(b) Declaratory rulings;

(c) Intradepartmental memoranda not in conflict with KRS 13A.130;

(d) Statements relating to acquisition of property for highway purposes and

statements relating to the construction or maintenance of highways; or

(e) Rules, regulations, and policies of the governing boards of institutions that

make up the postsecondary education system defined in KRS 164.001

pertaining to students attending or applicants to the institutions, to faculty and

staff of the respective institutions, or to the control and maintenance of land

and buildings occupied by the respective institutions;

(3) "Adopted" means that an administrative regulation has become effective in

accordance with the provisions of this chapter;

(4) "Authorizing signature" means the signature of the head of the administrative body

authorized by statute to promulgate administrative regulations;

(5) "Commission" means the Legislative Research Commission;

(6) "Effective" means an administrative regulation that has completed the legislative

committee review established by KRS 13A.290, 13A.330, and 13A.331;

(7) "Federal mandate" means any federal constitutional, legislative, or executive law or

order that requires or permits any administrative body to engage in regulatory

activities that impose compliance standards, reporting requirements, recordkeeping,

or similar responsibilities upon entities in the Commonwealth;

(8) "Federal mandate comparison" means a written statement containing the

information required by KRS 13A.245;

(9) "Filed" or "promulgated" means that an administrative regulation, or other

document required to be filed by this chapter, has been submitted to the

Commission in accordance with this chapter;

(10) "Full review" means that a filed administrative regulation is on an agenda for:

(a) The subcommittee as the last step required by this chapter prior to assignment

in accordance with KRS 13A.290(6);

(b) A legislative committee as the last step required by this chapter for an

ordinary administrative regulation before becoming effective upon

adjournment in accordance with KRS 13A.331(1) and (2); or

(c) A legislative committee as an emergency administrative regulation being

reviewed after assignment in accordance with KRS 13A.290(6) and (7);

(11) "Last effective date" means the latter of:

(a) The most recent date an ordinary administrative regulation became effective,

without including the date a technical amendment was made pursuant to KRS

13A.040(10), 13A.2255(2), or 13A.312; or

(b) The date a certification letter was filed with the regulations compiler for that

administrative regulation pursuant to KRS 13A.3104(4), if the letter stated

that the administrative regulation shall remain in effect without amendment;

(12) "Legislative committee" means an interim joint committee, a House or Senate

standing committee, a statutory committee, or a subcommittee of the Legislative

Research Commission;

(13) "Local government" means and includes a city, county, urban-county, charter

county, consolidated local government, special district, or a quasi-governmental

body authorized by the Kentucky Revised Statutes or a local ordinance;

(14) "Major economic impact" means the combined implementation and compliance

costs of an administrative regulation are at least five hundred thousand dollars

($500,000) over any two (2) year period;

(15) "Proposed administrative regulation" means an administrative regulation that:

(a) Has been filed by an administrative body; and

(b) Has not become effective or been withdrawn;

(16) "Regulatory impact analysis" means a written statement containing the provisions

required by KRS 13A.240;

(17) "Signature" means the application of letters or numbers that signify the intent to

sign, are uniquely linked to the signer, and are:

(a) Produced by manual or handwritten means;

(b) An image of the manual or handwritten signature produced under paragraph

(a) of this subsection; or

(c) Produced by using a digital signature scheme or electronic confirmation

method that allows for verification of authenticity;

(18) "Small business" means a business entity, including its affiliates, that:

(a) Is independently owned and operated; and

(b) 1. Employs fewer than one hundred fifty (150) full-time employees or their

equivalent; or

2. Has gross annual sales of less than six million dollars ($6,000,000);

(19) "Statement of consideration" means the document required by KRS 13A.280 in

which the administrative body summarizes the comments received, its responses to

those comments, and the action taken, if any, as a result of those comments and

responses;

(20) "Subcommittee" means the Administrative Regulation Review Subcommittee of the

Legislative Research Commission;

(21) "Tiering" means the tailoring of regulatory requirements to fit the particular

circumstances surrounding regulated entities; and

(22) "Written comments" means comments submitted to the administrative body's

contact person identified pursuant to KRS 13A.220(6)(d) via hand delivery, United

States mail, email, or facsimile and may include but is not limited to comments

submitted internally from within the promulgating administrative body or from

another administrative body.