Download as PDF
13A.010 Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1) "Administrative body" means each state board, bureau, cabinet, commission,
department, authority, officer, or other entity, except the General Assembly and
the Court of Justice, authorized by law to promulgate administrative
regulations;
(2) "Administrative regulation" means each statement of general applicability
promulgated by an administrative body that implements, interprets, or
prescribes law or policy, or describes the organization, procedure, or practice
requirements of any administrative body. The term includes an existing
administrative regulation, a new administrative regulation, an emergency
administrative regulation, an administrative regulation in contemplation of a
statute, the amendment or repeal of an existing administrative regulation, but
does not include:
(a) Statements concerning only the internal management of an administrative
body and not affecting private rights or procedures available to the public;
(b) Declaratory rulings;
(c) Intradepartmental memoranda not in conflict with KRS 13A.130;
(d) Statements relating to acquisition of property for highway purposes and
statements relating to the construction or maintenance of highways; or
(e) Rules, regulations, and policies of the governing boards of institutions
that make up the postsecondary education system defined in KRS
164.001 pertaining to students attending or applicants to the institutions,
to faculty and staff of the respective institutions, or to the control and
maintenance of land and buildings occupied by the respective institutions;
(3) "Adopted" means that an administrative regulation has become effective in
accordance with the provisions of this chapter;
(4) "Authorizing signature" means the signature of the head of the administrative
body authorized by statute to promulgate administrative regulations;
(5) "Commission" means the Legislative Research Commission;
(6) "Effective" means that an administrative regulation has completed the
legislative subcommittee review established by KRS 13A.290, 13A.330, and
13A.331;
(7) "Federal mandate" means any federal constitutional, legislative or executive
law or order which requires or permits any administrative body to engage in
regulatory activities which impose compliance standards, reporting
requirements, recordkeeping, or similar responsibilities upon entities in the
Commonwealth;
(8) "Federal mandate comparison" means a written statement containing the
information required by KRS 13A.245;
(9) "Filed" or "promulgated" means that an administrative regulation, or other
document required to be filed by this chapter, has been submitted to the
Commission in accordance with this chapter;
(10) "Government" means and includes a city, county, urban-county, charter
county,
consolidated
local
government,
special
district,
or
a
(11)
(12)
(13)
(14)
(15)
(16)
quasi-governmental body authorized by the Kentucky Revised Statutes or a
local ordinance;
"Proposed administrative regulation" means an administrative regulation that:
(a) Has been filed by an administrative body; and
(b) Has not become effective or been withdrawn;
"Regulatory impact analysis" means a written statement containing the
provisions required by KRS 13A.240;
"Small business" means a business entity, including its affiliates, that:
(a) Is independently owned and operated; and
(b) 1.
Employs fewer than one hundred fifty (150) full-time employees or
their equivalent; or
2.
Has gross annual sales of less than six million dollars ($6,000,000).
"Statement of consideration" means the document required by KRS 13A.280 in
which the administrative body summarizes the comments received, its
responses to those comments, and the action taken, if any, as a result of those
comments and responses;
"Subcommittee" means the Administrative Regulation Review Subcommittee,
any other subcommittee of the Legislative Research Commission, an interim
joint committee, or a House and Senate standing committee; and
"Tiering" means the tailoring of regulatory requirements to fit the particular
circumstances surrounding regulated entities.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 138, sec. 1, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 100, sec. 1, effective June 20, 2005. -- Amended
2004 Ky. Acts ch. 165, sec. 2, effective July 13, 2004. -- Amended 2000 Ky.
Acts ch. 288, sec. 2, effective July 14, 2000; and ch. 406, sec. 2, effective July
14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 9, effective July 15, 1998. -Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 30, effective May 30,
1997. -- Amended 1996 Ky. Acts ch. 180, sec. 1, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 410, sec. 1, effective July 15, 1994. -- Amended
1990 Ky. Acts ch. 516, sec. 13, effective July 13, 1990. -- Amended 1986 Ky.
Acts ch. 89, sec. 5, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417,
sec. 1, effective April 13, 1984.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.