There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 238 CHARITABLE GAMING
238.522 Restriction on promulgating administrative regulations.
Download pdfcharitable gaming or is likely to cause a charitable organization to incur new
or additional costs, the department shall not promulgate the proposed
administrative regulation without first receiving comments from the
Charitable Gaming Advisory Commission established in KRS 238.520,
subject to the restrictions of paragraph (b) of this subsection. (b) 1. If the proposed administrative regulation qualifies under paragraph (a) of
this subsection, the department shall distribute the proposed
administrative regulation to the advisory commission. 2. The advisory commission shall be granted a maximum of sixty (60) days
to submit its comments on the proposed regulatory change. If the
administrative regulation is a new emergency regulation, the advisory
commission shall be granted a maximum of thirty (30) days to submit its
comments on the proposed regulatory change. 3. The time limits in this paragraph shall begin from the day the
department submits the regulatory change and sets a date for a proposed
hearing for the comments of the advisory commission. If the advisory
commission is already scheduled to meet at a time that will give it an
adequate opportunity to review the regulation and respond, the hearing
may be held at that meeting. 4. If an advisory commission is not scheduled to meet, the department shall
arrange for the advisory commission to meet at a time that will provide
the advisory commission an adequate opportunity to review and
comment on the regulation within the time limit. If the advisory
commission fails to comment within the time limit, the department may
proceed with the administrative changes at its discretion. (c) To the extent that any other statute relating to the department's authority to promulgate administrative regulations conflicts with this section, this section
shall take precedence. (d) If the advisory commission chooses to produce written comments, these comments shall be attached to any public submission of the administrative
regulation, including any filing under KRS Chapter 13A, and may include
majority or minority comments or both. (2) Any power or limitation relating to administrative regulations promulgated by the department that are subject to subsection (1) of this section shall also apply to
administrative regulations promulgated by the commissioner of the department. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 537, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 120, sec. 4, effective June 26, 2007.
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