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238.522 Restriction on promulgating administrative regulations.
(1)
(2)
(a)
If the department has proposed a new or amended administrative
regulation that changes the manner in which a charitable organization
conducts charitable gaming or is likely to cause a charitable organization
to incur new or additional costs, the department shall not promulgate the
proposed administrative regulation without first receiving comments from
the Charitable Gaming Advisory Commission established in KRS
238.520, subject to the restrictions of paragraph (b) of this subsection.
(b) 1.
If the proposed administrative regulation qualifies under paragraph
(a) of this subsection, the department shall distribute the proposed
administrative regulation to the advisory commission.
2.
The advisory commission shall be granted a maximum of sixty (60)
days to submit its comments on the proposed regulatory change. If
the administrative regulation is a new emergency regulation, the
advisory commission shall be granted a maximum of thirty (30) days
to submit its comments on the proposed regulatory change.
3.
The time limits in this paragraph shall begin from the day the
department submits the regulatory change and sets a date for a
proposed hearing for the comments of the advisory commission. If
the advisory commission is already scheduled to meet at a time that
will give it an adequate opportunity to review the regulation and
respond, the hearing may be held at that meeting.
4.
If an advisory commission is not scheduled to meet, the department
shall arrange for the advisory commission to meet at a time that will
provide the advisory commission an adequate opportunity to review
and comment on the regulation within the time limit. If the advisory
commission fails to comment within the time limit, the department
may proceed with the administrative changes at its discretion.
(c) To the extent that any other statute relating to the department's authority
to promulgate administrative regulations conflicts with this section, this
section shall take precedence.
(d) If the advisory commission chooses to produce written comments, these
comments shall be attached to any public submission of the
administrative regulation, including any filing under KRS Chapter 13A,
and may include majority or minority comments or both.
Any power or limitation relating to administrative regulations promulgated by
the department that are subject to subsection (1) of this section shall also apply
to administrative regulations promulgated by the commissioner of the
department.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 537, effective July 15, 2010. -Created 2007 Ky. Acts ch. 120, sec. 4, effective June 26, 2007.
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