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13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with
compiler -- Format.
All administrative regulations shall comply with the provisions of KRS 13A.222 and
13A.224.
(1) (a)
An administrative body shall file with the regulations compiler:
1.
The original and five (5) copies of an administrative regulation; and
2.
At the same time the original and five (5) copies are filed, an
electronic version of the administrative regulation and required
attachments on a diskette or by e-mail in an electronic format
approved by the regulations compiler.
(b) If there are differences between the paper copy and the electronic version
of an administrative regulation filed with the regulations compiler, the
electronic version shall be the controlling version.
(2) The original and four (4) copies of each administrative regulation shall be
stapled in the top left corner. The fifth copy of each administrative regulation
shall not be stapled. The original and the five (5) copies of each administrative
regulation shall be grouped together.
(3) An amendment to an administrative regulation shall not be made on a copy of
the administrative regulation reproduced from the Kentucky Administrative
Regulations Service or the Administrative Register. It shall be a typed original
in the format specified in subsection (4) of this section.
(4) The format of an administrative regulation shall be as follows:
(a) An administrative regulation shall be typewritten on white paper, size
eight and one-half (8-1/2) by eleven (11) inches and shall be
double-spaced through the last line of the body of the administrative
regulation. The first page shall have a two (2) inch top margin. The
administrative regulation shall be typed in a twelve (12) point font
approved by the regulations compiler. The lines on each page shall be
numbered, with each page starting with line number one (1). Pages of an
administrative regulation and documents attached to the administrative
regulation shall be numbered sequentially. Page numbers shall be
centered in the bottom margin of each page. Copies of the administrative
regulation may be mechanically reproduced;
(b) The regulations compiler shall place a stamp indicating the date and time
of receipt of the administrative regulation in the two (2) inch margin on the
first page;
(c) The cabinet, department, and division of the administrative body shall be
listed on separate double-spaced lines two (2) inches from the top in the
upper left hand corner of the first page. This shall be followed on the next
double-spaced line by "(New Administrative Regulation)," "(Amendment),"
"(Amended After Comments)," "(Repealer)," "(New Emergency
Administrative Regulation)," "(Emergency Amendment)," or "(Emergency
Repealer)," whichever is applicable;
(d) The notation shall be followed by the number and title of the
administrative regulation on the next double-spaced line. The
promulgating administrative body shall contact the regulations compiler
(5)
(6)
prior to filing to obtain an administrative regulation number for a new
administrative regulation;
(e) On the next double-spaced line following the number and title of an
administrative regulation, after the words "RELATES TO:," the
administrative body shall list all statutes and other enactments, including
any branch budget bills or executive orders, to which the administrative
regulation relates or which shall be affected by the administrative
regulation. After the words "STATUTORY AUTHORITY:" the
administrative body shall list the specific statutes and other enactments,
where applicable, authorizing the promulgation of the administrative
regulation. Federal statutes and regulations shall be cited in the
"RELATES TO:" and "STATUTORY AUTHORITY:" sections as provided
by KRS 13A.2261; and
(f) Following the citations provided for in paragraph (e) of this subsection,
and following the words "NECESSITY, FUNCTION, AND
CONFORMITY:" the administrative body shall include a brief statement
setting forth the necessity for promulgating the administrative regulation, a
summary of the functions intended to be implemented by the
administrative regulation, and, if applicable, the statement required by
KRS 13A.245(2)(b).
The numbering within the body of an administrative regulation shall be the
responsibility of the promulgating body, subject to the authority of the
regulations compiler to divide or renumber an administrative regulation. The
following format shall be used by the administrative body in the numbering of
each administrative regulation. Each section shall begin with the word "Section"
followed by an Arabic number, and titles of sections shall be initially capitalized.
Subsections shall be designated by an Arabic number in parentheses.
Paragraphs shall be designated by lower case letters of the alphabet in
parentheses (e.g., (a), (b), (c), etc.). Subparagraphs shall be designated by an
Arabic number followed by a period (e.g., 1., 2., etc.). Clauses shall be
designated by lower case letters of the alphabet followed by a period (e.g., a.,
b., c., etc.). Subclauses shall be designated by lower case Roman numerals in
parentheses (e.g., (i), (ii), (iii), etc.).
After the complete text of an administrative regulation, on the following page,
the administrative body shall include the following information:
(a) If the provisions of KRS 13A.120(3) are applicable, a statement that the
official or the head of the administrative body has reviewed or approved
the administrative regulation; the signature of such official or head; and
the date on which such review or approval occurred;
(b) The authorizing signature of the administrative body promulgating the
administrative regulation, and the date on which the administrative body
approved the promulgation;
(c) Information relating to public hearings and the public comment period
required by KRS 13A.270; and
(d) The name, position, address, telephone number, and facsimile number of
the contact person of the administrative body. The contact person shall be
the person authorized by the head of an administrative body to:
1.
(7)
Receive information relating to issues raised by the public or by a
subcommittee prior to a public meeting of the subcommittee;
2.
Negotiate changes in language with a subcommittee in order to
resolve such issues; and
3.
Answer questions relating to the administrative regulation.
The format for signatures required by paragraphs (a) and (b) of subsection (6)
of this section shall be as follows:
(a) The signature shall be placed on a signature line; and
(b) The name and title of the person signing shall be typed immediately
beneath the signature line.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 138, sec. 4, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 100, sec. 6, effective June 20, 2005. -- Amended
2003 Ky. Acts ch. 89, sec. 10, effective June 24, 2003. -- Amended 2000 Ky.
Acts ch. 406, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38,
sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 8,
effective July 15, 1996; and ch. 330, sec. 1, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 387, sec. 13, effective July 15, 1994; and ch. 410, sec. 12,
effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 22, effective
July 15, 1990. -- Amended 1988 Ky. Acts ch. 425, sec. 7, effective July 15,
1988. -- Created 1984 Ky. Acts ch. 417, sec. 22, effective April 13, 1984.
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