KRS § 13A.270 — KY Code / Title III / Chapter 13A / Section 13A.270
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
Status: in_force

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.

(1) (a) In addition to the public comment period required by paragraph (c) of this

subsection, following publication in the Administrative Register of the text of

an administrative regulation, the administrative body shall, unless authorized

to cancel the hearing pursuant to subsection (7) of this section, hold a hearing,

open to the public, on the administrative regulation.

(b) The public hearing for an:

1. Ordinary administrative regulation shall not be held before the twenty-

first day or after the last workday of the month following the month in

which the administrative regulation is published in the Administrative

Register; or

2. Emergency administrative regulation shall not be held before the

twenty-first day or after the last workday of the month in which the

administrative regulation is published in the Administrative Register.

Nothing in this paragraph shall preclude the administrative body from holding

additional public hearings in addition to the hearing mandated in

subparagraph 1. or 2. of this paragraph.

(c) The administrative body shall accept written comments regarding the

administrative regulation during the comment period. The comment period

shall begin on the date the administrative regulation is filed with the

regulations compiler and:

1. For an ordinary administrative regulation, shall run until 11:59 p.m. on

the last day of the calendar month following the month in which the

administrative regulation was published in the Administrative Register;

or

2. For an emergency administrative regulation, shall run until 11:59 p.m.

on the last day of the calendar month in which the administrative

regulation is published in the Administrative Register.

(2) Each administrative regulation shall state:

(a) The place, time, and date of the scheduled public hearing;

(b) The manner in which interested persons shall submit their:

1. Notification of attending the public hearing; and

2. Written comments;

(c) That notification of attending the public hearing shall be transmitted to the

administrative body no later than five (5) workdays prior to the date of the

scheduled public hearing;

(d) The deadline for submitting written comments regarding the administrative

regulation in accordance with subsection (1)(c) of this section; and

(e) The name, position, mailing address, email address, and telephone and

facsimile numbers of the person to whom a notification and written comments

shall be transmitted.

(3) (a) A person who wishes to be notified that an administrative body has filed an

administrative regulation shall:

1. Contact the administrative body by telephone or written letter to request

that the administrative body send the information required by paragraph

(d) or (e) of this subsection to the person; or

2. Complete an electronic registration form located on a centralized state

government website developed and maintained by the Commonwealth

Office of Technology pursuant to subsection (13) of this section.

(b) A registration submitted pursuant to paragraph (a) of this subsection shall:

1. Indicate whether the person wishes to receive notification regarding:

a. All administrative regulations promulgated by an administrative

body; or

b. Each administrative regulation that relates to a specified subject

area. The subject areas shall be provided by the administrative

bodies and shall be listed on the centralized state government

website in alphabetical order;

2. Include a request for the person to provide an email address in order to

receive regulatory information electronically;

3. Be valid for a period of four (4) years from the date the registration is

submitted, or until the person submits a written request to be removed

from the notification list, whichever occurs first; and

4. Be transmitted to the promulgating administrative body, if the

registration was made through the centralized state government website.

The collected email addresses shall be used solely for the purposes of

this subsection and shall not be sold, transferred, or otherwise made

available to third parties, other than the promulgating administrative

body.

(c) An administrative body that promulgates administrative regulations shall:

1. Request that the Commonwealth Office of Technology add it to the

centralized state government website if the administrative body is not

already included;

2. Maintain a list of registrations transmitted to the body pursuant to

paragraph (b)4. of this subsection;

3. Establish a method to transfer the registrations if there are personnel

changes or other disruptions; and

4. Communicate updates to subject areas and contact persons to the

Commonwealth Office of Technology as needed.

(d) A copy of the administrative regulation as filed, and all attachments required

by KRS 13A.230(1), shall be emailed by the administrative body:

1. To every person who has:

a. Registered pursuant to paragraph (a) of this subsection; and

b. Provided an email address as part of the registration request;

2. Within five (5) working days after the date the administrative regulation

is filed with the Commission; and

3. With a request from the administrative body that affected individuals,

businesses, or other entities submit written comments that identify the

anticipated effects of the proposed administrative regulation.

(e) Within five (5) working days after the date the administrative regulation is

filed with the Commission, the administrative body shall mail the following

information to every person who has registered pursuant to paragraph (a) of

this subsection but did not provide an email address:

1. A cover letter from the administrative body requesting that affected

individuals, businesses, or other entities submit written comments that

identify the anticipated effects of the proposed administrative regulation;

2. A copy of the regulatory impact analysis required by KRS 13A.240

completed in detail sufficient to put the individual on notice as to the

specific contents of the administrative regulation, including all proposed

amendments to the administrative regulation; and

3. A statement that a copy of the administrative regulation may be obtained

from the Commission's website, which can be accessed online through

public libraries or any computer with internet access. The Commission's

website address shall be included in the statement.

(4) (a) If small business may be impacted by an administrative regulation, the

administrative body shall email a copy of the administrative regulation as

filed, and all attachments required by KRS 13A.230(1), to the chief executive

officer of the Commission on Small Business Innovation and Advocacy

within five (5) working days after the date the administrative regulation is

filed with the Commission.

(b) The email shall include a request from the administrative body that the

Commission on Small Business Innovation and Advocacy review the

administrative regulation in accordance with KRS 11.202(1)(e) and submit its

report or comments in accordance with the deadline established in subsection

(1)(c) of this section. A copy of the report shall be filed with the regulations

compiler.

(c) An administrative body shall not be required to send a copy of an

administrative regulation that was amended after comments in accordance

with KRS 13A.280 to the Commission on Small Business Innovation and

Advocacy, unless its chief executive officer requested a copy pursuant to KRS

13A.280(8).

(5) (a) If a local government may be impacted by an administrative regulation, the

administrative body shall send, by email if the local government has an email

address, a copy of the administrative regulation as filed and all attachments

required by KRS 13A.230(1) to each impacted local government in the state

within five (5) working days after the date the administrative regulation is

filed with the Commission. If the local government does not have an email

address, the material shall not be sent.

(b) The email shall include a request from the administrative body that the local

government review the administrative regulation in the same manner as would

the Commission on Small Business Innovation and Advocacy under KRS

11.202(1)(e), and submit its report or comments in accordance with the

deadline established in subsection (1)(c) of this section. A copy of the report

or comments shall be filed with the regulations compiler.

(c) An administrative body shall not be required to send a copy of an

administrative regulation that was amended after comments in accordance

with KRS 13A.280 to a local government, unless its contact person requested

a copy pursuant to KRS 13A.280(8).

(6) Persons desiring to be heard at the hearing shall notify the administrative body in

writing as to their desire to appear and testify at the hearing not less than five (5)

workdays before the scheduled date of the hearing.

(7) The administrative body shall immediately notify the regulations compiler by letter

if:

(a) No written notice of intent to attend the public hearing is received by the

administrative body at least five (5) workdays before the scheduled hearing,

and it chooses to cancel the public hearing; and

(b) No written comments have been received by the close of the last day of the

public comment period.

(8) (a) 1. Upon receipt from interested persons of their intent to attend a public

hearing, the administrative body shall notify the regulations compiler by

letter that the public hearing shall be held.

2. If the public hearing is held but no comments are received during the

hearing, the administrative body shall notify the regulations compiler by

letter that the public hearing was held and that no comments were

received.

(b) Upon receipt of written comments, the administrative body shall notify the

regulations compiler by letter that written comments have been received.

(9) (a) If the notifications required by subsections (7) and (8) of this section are not

received by the regulations compiler by close of business on the second

workday of the calendar month following the end of the public comment

period, the administrative regulation shall be deferred to the next regularly

scheduled meeting of the subcommittee.

(b) A filed administrative regulation that is deferred under this subsection due to

failure to timely notify the regulations compiler may still be placed on the

subcommittee's agenda for informational review pursuant to KRS 13A.030(3)

or (4).

(c) If a filed administrative regulation is placed on the agenda pursuant to

paragraph (b) of this subsection, the full review of the filed administrative

regulation shall still be deferred in accordance with this subsection.

(10) The notifications required by subsections (7) and (8) of this section shall be made

by letter. The letter may be sent by email if the administrative body uses an

electronic signature and letterhead for the emailed document.

(11) Every hearing shall be conducted in such a manner as to guarantee each person who

wishes to offer comment a fair and reasonable opportunity to do so, whether or not

such person has given the notice contemplated by subsection (6) of this section. No

transcript need be taken of the hearing, unless a written request for a transcript is

made, in which case the person requesting the transcript shall have the

responsibility of paying for same. A recording may be made in lieu of a transcript

under the same terms and conditions as a transcript. This section shall not preclude

an administrative body from making a transcript or making a recording if it so

desires.

(12) Nothing in this section shall be construed as requiring a separate hearing on each

administrative regulation. Administrative regulations may be grouped at the

convenience of the administrative body for purposes of hearings required by this

section.

(13) The centralized state government website that provides for the notification of the

filing of administrative regulations and amendments to existing administrative

regulations shall provide:

(a) The electronic registration notification form required by subsection (3)(a) of

this section;

(b) Up-to-date contact information and subject areas for promulgating

administrative bodies; and

(c) A form or contact information for an administrative body to:

1. Request to be added to the website if not already included; and

2. Add or change its subject areas and contact persons published on the

website.