13A.245 Agencies to prepare a federal mandate analysis comparing proposed state

283 words·~1 min read·/ky/13a-245

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

regulatory standards to federal standards -- Relationship between state

administrative regulation and federal law or regulation governing a subject

matter.

(a)When promulgating administrative regulations and amending existing

administrative regulations in response to a federal mandate, an administrative

body shall compare its proposed compliance standards with any minimum or

uniform standards suggested or contained in the federal mandate.

(b)Such a comparison shall include, in detail, a written determination by the

administrative body on whether the proposed state administrative regulation

will impose stricter requirements or other responsibilities on the regulated

entities than those required by the federal mandate.

(c)If the administrative body determines that the proposed state administrative

regulation imposes additional requirements or responsibilities on the regulated

entities than is required by the federal mandate, the administrative body shall

include in its comparison analysis a written statement justifying the imposition

of stricter standards, requirements, or responsibilities.

(a)Except as provided by paragraph

(b)of this subsection, an administrative

regulation shall conform to a federal law or regulation governing a subject

matter if an administrative body is:

1. Not required by federal law or regulation to promulgate an

administrative regulation to comply with a federal law or regulation

governing the subject matter; and

2. Required or authorized by state law to promulgate an administrative

regulation governing the subject matter.

(b)If the administrative regulation is more stringent than or otherwise differs

from the federal law or regulation governing the subject matter, the

administrative body shall state in detail in the "NECESSITY, FUNCTION,

AND CONFORMITY" paragraph of the administrative regulation the manner

in which it is more stringent than or otherwise differs from the federal law or

regulation, and the reasons therefor.