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13A.280 Statement of consideration -- Amendment -- Format -- Information
required -- Publication.
(1)
(2)
(3)
(4)
(5)
Following the last day of the comment period, the administrative body shall
give consideration to all comments received at the public hearing and all
written comments received during the comment period, including any report
filed by the Commission on Small Business Advocacy in accordance with KRS
11.202(1)(e) and 13A.270(4), or by a government in accordance with KRS
11.202(1)(e) and 13A.270(5).
(a) Except as provided in paragraph (b) of this subsection, the administrative
body shall file with the commission on or before 12 noon, eastern time, on
the fifteenth day of the calendar month following the month of publication
the statement of consideration relating to the administrative regulation.
(b) If the administrative body has received a significant number of public
comments, it may extend the time for filing the statement of consideration
by notifying the regulations compiler in writing on or before 12 noon,
eastern time, on the fifteenth day of the calendar month following the
month of publication. The administrative body shall file the statement of
consideration with the Commission on or before 12 noon, eastern time, no
later than the fifteenth day of the second calendar month following the
month of publication.
(a) If the administrative regulation is amended as a result of the hearing or
written comments received, the administrative body shall forward the
items specified in paragraph (b) of this subsection to the regulations
compiler by 12 noon, eastern time, on the applicable deadline specified in
subsection (2) of this section.
(b) 1.
The original and five (5) copies of the administrative regulation
indicating any amendments in the original wording resulting from
comments received at the public hearing and during the comment
period;
2.
The original and five (5) copies of the statement of consideration as
required by subsection (2) of this section, attached to the back of the
original and each copy of the administrative regulation; and
3.
The regulatory impact analysis, tiering statement, federal mandate
comparison, or fiscal note on local government. These documents
shall reflect changes resulting from amendments made after the
public hearing.
(a) If the administrative regulation is not amended as a result of the public
hearing, or written comments received, the administrative body shall file
the original and five (5) copies of the statement of consideration with the
regulations compiler by 12 noon, eastern time, on the deadline
established in subsection (2) of this section.
(b) If comments are received either at the public hearing or during the public
comment period, the administrative regulation shall be deferred to the
next regularly scheduled meeting of the subcommittee following the
month in which the statement of consideration is due.
The format for the statement of consideration shall be as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The statement shall be typewritten on white paper, size eight and
one-half (8-1/2) by eleven (11) inches. Copies of the statement may be
mechanically reproduced;
The first page of the statement of consideration shall have a two (2) inch
top margin;
The heading of the statement shall consist of the words "STATEMENT
OF CONSIDERATION RELATING TO" followed by the number of the
administrative regulation that was the subject of the public hearing and
comment period and the name of the promulgating administrative body.
The heading shall be centered. This shall be followed by the words "Not
Amended After Comments" or "Amended After Comments," whichever is
applicable;
If a hearing has been held or written comments received, the heading is
to be followed by:
1.
A statement setting out the date, time and place of the hearing, if
the hearing was held;
2.
A list of those persons who attended the hearing or who submitted
comments and the organization, agency, or other entity represented,
if applicable; and
3.
The name and title of the representative of the promulgating
administrative body;
Following the general information, the promulgating administrative body
shall summarize the comments received at the public hearing and during
the comment period and the response of the promulgating administrative
body. Each subject commented upon shall be summarized in a separate
numbered paragraph. Each numbered paragraph shall contain two (2)
subsections:
1.
Subsection (a) shall be labeled "Comment," shall identify the name
of the person, and the organization represented if applicable, who
made the comment, and shall contain a summary of the comment;
and
2.
Subsection (b) shall be labeled "Response" and shall contain the
response to the comment by the promulgating administrative body;
Following the summary and comments, the promulgating administrative
body shall:
1.
Summarize the statement and the action taken by the administrative
body as a result of comments received at the public hearing and
during the comment period; and
2.
If amended after the comment period, list the changes made to the
administrative regulation in the format prescribed by KRS
13A.320(2)(c) and (d); and
If administrative regulations were considered as a group at a public
hearing, one (1) statement of consideration may include the group of
administrative regulations. If a comment relates to one (1) or more of the
administrative regulations in the group, the summary of the comment and
response shall specify each administrative regulation to which it applies.
(6)
(7)
If the administrative regulation is amended pursuant to subsection (3) of this
section, the full text of the administrative regulation shall be published in the
Administrative Register. The changes made to the administrative regulation
shall be typed in bold and made in the format prescribed by KRS 13A.222(2).
The administrative regulation shall be reviewed by the Administrative
Regulation Review Subcommittee after such publication.
If requested, copies of the statement of consideration and, if applicable, the
amended-after-comments version of the administrative regulation shall be
made available by the promulgating administrative body to persons attending
the hearing or submitting comments or who specifically request a copy from the
administrative body.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 138, sec. 12, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 100, sec. 16, effective June 20, 2005. -- Amended
2004 Ky. Acts ch. 165, sec. 6, effective July 13, 2004. -- Amended 2003 Ky.
Acts ch. 89, sec. 14, effective June 24, 2003. -- Amended 2000 Ky. Acts
ch. 406, sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38,
sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 12,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 20, effective
July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 26, effective July 13,
1990. -- Amended 1988 Ky. Acts ch. 425, sec. 10, effective July 15, 1988. -Created 1984 Ky. Acts ch. 417, sec. 28, effective April 13, 1984.
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