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, p rocedure, 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 poli cies 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 a nd 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 regulatio n 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 engag e 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 administr ative 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 ce rtification 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 g overnment, 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 fiv e 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 a ction 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 p articular 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.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.