2013 Kentucky Revised Statutes CHAPTER 13A - ADMINISTRATIVE REGULATIONS 13A.320 Amendment of administrative regulation during meeting of subcommittee or public meeting -- Format.
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13A.320 Amendment of administrative regulation
subcommittee or public meeting -- Format.
(1)
(2)
(a)
during
meeting
of
An administrative body may amend an administrative regulation at a
subcommittee meeting with the consent of the subcommittee. A
subcommittee may amend an administrative regulation at a subcommittee
meeting with the consent of the administrative body.
(b) An administrative regulation shall not be amended at a public meeting of
a subcommittee unless the amendment concerns an issue that was
related to the administrative regulation filed with the Legislative Research
Commission and was:
1.
Considered at the public hearing;
2.
Raised pursuant to a comment received by the administrative body
at the public hearing or during the public comment period pursuant
to KRS 13A.280(1); or
3.
Raised during the subcommittee meeting.
(c) Nothing in this chapter shall be construed to require its resubmission or
refiling or other action. The administrative regulation may be adopted as
amended.
(d) Subsequent to its adoption, the administrative regulation shall be
published in the Administrative Register, unless all amendments to the
administrative regulation that were made at a meeting of a subcommittee:
1.
Relate only to the format and drafting requirements of KRS
13A.220(5) and 13A.222(4)(b), (c), (i), (j), and (l); and
2.
Do not alter the intent, meaning, conditions, standards, or other
requirements of the administrative regulation.
(e) If the amendments to an administrative regulation made at a meeting of a
subcommittee meet the requirements of paragraph (d) of this subsection,
the regulations compiler shall publish a notice in the Administrative
Register that the administrative regulation was amended at a
subcommittee meeting only to comply with the format and drafting
requirements of this chapter.
When an administrative body intends to amend an administrative regulation at
a meeting of the subcommittee, the following requirements shall be met:
(a) Amendments offered by the administrative body prior to a subcommittee
meeting shall be approved by the head of the administrative body.
(b) Amendments shall be contained in a letter to the subcommittee. The
letter shall:
1.
Identify the administrative body;
2.
State the number and title of the administrative regulation;
3.
Be dated;
4.
Be filed with the regulations compiler at least three (3) workdays
prior to the meeting of the subcommittee if the amendments are
initiated by the administrative body; and
5.
Comply with the format requirements in paragraphs (c) and (d) of
(3)
(4)
(5)
this subsection if the amendments are initiated by the administrative
body.
(c) On separate lines, the amendment shall be identified by the number of
the:
1.
Page;
2.
Section, subsection, paragraph, subparagraph, clause, or
subclause, as appropriate; and
3.
Line.
(d) 1.
If a word or phrase, whether or not underlined, is to be deleted, the
amendment shall identify the word or phrase to be deleted and state
that it is to be deleted. If a word or phrase is to be replaced by
another word or phrase, the amendment shall specify the word or
phrase that is to be deleted and shall specify the word or phrase that
is to be inserted in lieu thereof.
2.
If new language is to be inserted, the amendment shall state that it
is to be inserted, and the new language shall be underlined.
3.
If the amendment consists of no more than four (4) words, the
words shall be placed between quotation marks. If the amendment
consists of more than four (4) words, the amendment shall be
indented and not placed between quotation marks.
4.
If a section, subsection, paragraph, subparagraph, clause, or
subclause is to be deleted in its entirety, the amendment shall
identify it and state that it is deleted in its entirety, whether or not it
contains underlined or bracketed language.
If an amendment is drafted by subcommittee staff on behalf of a subcommittee,
the amendment shall be made:
(a) In the format required by subsection (2)(c) and (d) of this section; or
(b) By substituting the complete text of the administrative regulation, with the
proposed changes made to the administrative regulation typed in bold,
italicized, and in the format prescribed by KRS 13A.222(2).
An amendment to an administrative regulation may be made orally at a
subcommittee meeting if the requirements of subsection (1)(a) of this section
are met.
An administrative body shall submit twenty (20) copies of an amendment to an
administrative regulation to the regulations compiler prior to the Administrative
Regulation Review Subcommittee meeting at which the amendment will be
considered.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 138, sec. 15, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 100, sec. 21, effective June 20, 2005. -- Amended
2003 Ky. Acts ch. 89, sec. 17, effective June 24, 2003. -- Amended 1998 Ky.
Acts ch. 38, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180,
sec. 16, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 25,
effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 30, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 5, effective July 15, 1988;
and ch. 415, sec. 12, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417,
sec. 32, effective April 13, 1984.
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