13A.2251 Information required in administrative regulation when incorporating

759 words·~3 min read·/ky/13a-2251

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

material by reference.

(1)An administrative body shall incorporate material by reference in the last section of

an administrative regulation. This section shall include:

(a)The title of the material incorporated by reference placed in quotation marks,

followed by the edition date of the material;

(b)Information on how the material may be obtained; and

(c)A statement that the material is available for public inspection and copying,

subject to copyright law, at the main, regional, or branch offices of the

administrative body, and the address and office hours of each. Following the

required statement, the administrative body shall include information that

states the administrative body's website address or telephone number or that

provides contact information for other sources that may have the material

available to the public.

(2)The section incorporating material by reference shall be titled "Incorporation by

Reference".

(a)If only one

(1)item is incorporated by reference, the first subsection of the

section incorporating material by reference shall contain the following

statement: "(name and edition date of material incorporated) is incorporated

by reference."

(b)If more than one

(1)item is incorporated by reference, the first subsection of

the section incorporating material by reference shall contain the following

statement: "The following material is incorporated by reference:

(a)(name

and edition date of first item incorporated); and

(b)(name and edition date of

second item incorporated)."

(c)The second subsection of the section incorporating material by reference shall

include the following statement: "This material may be inspected, copied, or

obtained, subject to applicable copyright law, at (name of administrative

body, full address), Monday through Friday, (state the regular office hours)."

(3)A summary of the incorporated material shall be attached to an administrative

regulation that incorporates material by reference. This summary shall include:

(a)The name and edition date of each item incorporated by reference;

(b)An explanation of each item and its intended use; and

(c)The total number of pages incorporated by reference.

(a)One

(1)copy of the material incorporated by reference shall be filed with the

regulations compiler when the administrative regulation is filed, and:

1. For material incorporated by reference that was developed by the

promulgating administrative body:

a. The material incorporated by reference shall be prominently

displayed on the administrative body's website; and

b. The Uniform Resource Locator

(URL)of the address where the

material may be directly viewed on the agency's website shall be

included in the body of the administrative regulation; or

2. For material incorporated by reference that is subject to a valid

administrative body, the material shall be referenced by providing

sufficient information to assist in locating the material from the third

party, including the ISBN if available.

(b)Material incorporated by reference shall be placed in a binder, attached to the

back of the administrative regulation, filed on a CD-ROM or DVD, or filed in

a different electronic format approved by the regulations compiler.

1. If the material is placed in a binder, the administrative body shall

indicate, on the front binder cover and on the first page of the material

incorporated by reference, the:

a. Number of the administrative regulation to which the material

incorporated by reference pertains;

b. Date on which it is filed; and

c. Citation of each item that is included in the binder.

2. The material incorporated by reference may be attached to the back of

the administrative regulation if it is:

a. No more than ten

(10)pages in length; and

b. Typewritten on white paper, size eight and one-half (8 1/2) by

eleven

(11)inches, and single-sided.

3. The material incorporated by reference may be filed on a CD-ROM or

DVD disc if the material is saved in Adobe Portable Document Format

(PDF). The administrative body shall indicate on the disc and the disc's

storage case the:

a. Number of the administrative regulation to which the material

incorporated by reference pertains;

b. Date on which it is filed; and

c. Citation of each item that is included on the disc.

(c)If the same material is incorporated by reference in more than one

administrative regulation, an administrative body may file one

(1)copy of the

material in a binder, on a CD-ROM or DVD disc, or in a different electronic

format approved by the regulations compiler. The numbers of the

administrative regulations in which the material is incorporated by reference

shall be indicated with the other information as required by paragraph

(b)of

this subsection.