2013 Kentucky Revised Statutes CHAPTER 13A - ADMINISTRATIVE REGULATIONS 13A.2251 Information required in administrative regulation when incorporating material by reference.
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13A.2251 Information required in administrative
incorporating material by reference.
(1)
(2)
(3)
(4)
regulation
when
An administrative body shall incorporate material by reference in the last
section of an administrative regulation. This section shall include:
(a) The title of the material incorporated by reference placed in quotation
marks, followed by the edition date of the material;
(b) Information on how the material may be obtained; and
(c) A statement that the material is available for public inspection and
copying, subject to copyright law, at the main, regional, or branch offices
of the administrative body, and the address and office hours of each.
Following the required statement, the administrative body may include
optional information that states the administrative body's Web site
address or telephone number or that provides contact information for
other sources that may have the material available to the public.
The section incorporating material by reference shall be titled "Incorporation by
Reference".
(a) If only one (1) item is incorporated by reference, the first subsection of the
section incorporating material by reference shall contain the following
statement: "(name and edition date of material incorporated) is
incorporated by reference."
(b) If more than one (1) item is incorporated by reference, the first subsection
of the section incorporating material by reference shall contain the
following statement: "The following material is incorporated by reference:
(a) (name and edition date of first item incorporated); and (b) (name and
edition date of second item incorporated)."
(c) The second subsection of the section incorporating material by reference
shall include the following statement: "This material may be inspected,
copied, or obtained, subject to applicable copyright law, at (name of
administrative body, full address), Monday through Friday, 8:00 a.m. to
4:30 p.m."
A summary of the incorporated material, in detail sufficient to identify the
subject matter to which it pertains, shall be attached to an administrative
regulation that incorporates material by reference. This summary shall include:
(a) Relevant programs, statutes, funds, rights, duties, and procedures
affected by the material and the manner in which they are affected;
(b) A citation of the specific state or federal statutes or regulations
authorizing or requiring the procedure or policy found in the material
incorporated by reference; and
(c) The total number of pages incorporated by reference.
(a) One (1) copy of the material incorporated by reference shall be filed with
the regulations compiler when the administrative regulation is filed.
(b) Material incorporated by reference shall be placed in a binder, attached to
the back of the administrative regulation, or filed on a CD-ROM or DVD.
1.
If the material is placed in a binder, the administrative body shall
indicate, on the front binder cover and on the first page of the
2.
3.
(c)
material incorporated by reference, the:
a.
Number of the administrative regulation to which the material
incorporated by reference pertains;
b.
Date on which it is filed; and
c.
Citation of each item that is included in the binder.
The material incorporated by reference may be attached to the back
of the administrative regulation if it is:
a.
No more than four (4) pages in length; and
b.
Typewritten on white paper, size eight and one-half (8 1/2) by
eleven (11) inches, and single-sided.
The material incorporated by reference may be filed on a CD-ROM
or DVD disc if the material is saved in Adobe Portable Document
Format (PDF). The administrative body shall indicate on the disc
and the disc's storage case the:
a.
Number of the administrative regulation to which the material
incorporated by reference pertains;
b.
Date on which it is filed; and
c.
Citation of each item that is included on the disc.
If the same material is incorporated by reference in more than one
(1) administrative regulation, an administrative body may file one (1)
copy of the material in a binder or on a CD-ROM or DVD disc. The
numbers of the administrative regulations in which the material is
incorporated by reference shall be indicated with the other
information as required by paragraph (b) of this subsection.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 100, sec. 9, effective June 20, 2005. -Amended 2000 Ky. Acts ch. 406, sec. 12, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 38, sec. 5, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 180, sec. 10, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410,
sec. 14, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 516, sec. 7,
effective July 13, 1990.
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