2013 Kentucky Revised Statutes CHAPTER 13A - ADMINISTRATIVE REGULATIONS 13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or regulation governing a subject matter.
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13A.245 Agencies to prepare a federal mandate analysis comparing proposed
state regulatory standards to federal standards -- Relationship between
state administrative regulation and federal law or regulation governing a
subject matter.
(1)
(a)
(b)
(c)
(2)
(a)
(b)
When promulgating administrative regulations and amending existing
administrative regulations in response to a federal mandate, an
administrative body shall compare its proposed compliance standards
with any minimum or uniform standards suggested or contained in the
federal mandate.
Such a comparison shall include, in detail, a written determination by the
administrative body on whether the proposed state administrative
regulation will impose stricter requirements or other responsibilities on the
regulated entities than those required by the federal mandate.
If the administrative body determines that the proposed state
administrative regulation imposes additional requirements or
responsibilities on the regulated entities than is required by the federal
mandate, the administrative body shall include in its comparison analysis
a written statement justifying the imposition of stricter standards,
requirements, or responsibilities.
Except as provided by paragraph (b) of this subsection, an administrative
regulation shall conform to a federal law or regulation governing a subject
matter if an administrative body is:
1.
Not required by federal law or regulation to promulgate an
administrative regulation to comply with a federal law or regulation
governing the subject matter; and
2.
Required or authorized by state law to promulgate an administrative
regulation governing the subject matter.
If the administrative regulation is more stringent than or otherwise differs
from the federal law or regulation governing the subject matter, the
administrative body shall state in detail in the "NECESSITY, FUNCTION,
AND CONFORMITY" paragraph of the administrative regulation the
manner in which it is more stringent than or otherwise differs from the
federal law or regulation, and the reasons therefor.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 330, sec. 2, effective July 15, 1996. -Created 1986 Ky. Acts ch. 89, sec. 8, effective July 15, 1986.
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