13A.270 Public hearing and comments -- Notice -- Communication by email
1,943 words·~9 min read·
/ky/13a-270A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regarding administrative regulations -- When notification of regulations
compiler required -- Effect of failure to timely notify regulations compiler.
(a)In addition to the public comment period required by paragraph
(c)of this
subsection, following publication in the Administrative Register of the text of
an administrative regulation, the administrative body shall, unless authorized
to cancel the hearing pursuant to subsection
(7)of this section, hold a hearing,
open to the public, on the administrative regulation.
(b)The public hearing for an:
1. Ordinary administrative regulation shall not be held before the twenty-
first day or after the last workday of the month following the month in
which the administrative regulation is published in the Administrative
Register; or
2. Emergency administrative regulation shall not be held before the
twenty-first day or after the last workday of the month in which the
administrative regulation is published in the Administrative Register.
Nothing in this paragraph shall preclude the administrative body from holding
additional public hearings in addition to the hearing mandated in
subparagraph 1. or 2. of this paragraph.
(c)The administrative body shall accept written comments regarding the
administrative regulation during the comment period. The comment period
shall begin on the date the administrative regulation is filed with the
regulations compiler and:
1. For an ordinary administrative regulation, shall run until 11:59 p.m. on
the last day of the calendar month following the month in which the
administrative regulation was published in the Administrative Register;
or
2. For an emergency administrative regulation, shall run until 11:59 p.m.
on the last day of the calendar month in which the administrative
regulation is published in the Administrative Register.
(2)Each administrative regulation shall state:
(a)The place, time, and date of the scheduled public hearing;
(b)The manner in which interested persons shall submit their:
1. Notification of attending the public hearing; and
2. Written comments;
(c)That notification of attending the public hearing shall be transmitted to the
administrative body no later than five
(5)workdays prior to the date of the
scheduled public hearing;
(d)The deadline for submitting written comments regarding the administrative
regulation in accordance with subsection (1)(c) of this section; and
(e)The name, position, mailing address, email address, and telephone and
facsimile numbers of the person to whom a notification and written comments
shall be transmitted.
(a)A person who wishes to be notified that an administrative body has filed an
administrative regulation shall:
1. Contact the administrative body by telephone or written letter to request
that the administrative body send the information required by paragraph
(d)or
(e)of this subsection to the person; or
2. Complete an electronic registration form located on a centralized state
government website developed and maintained by the Commonwealth
Office of Technology pursuant to subsection
(13)of this section.
(b)A registration submitted pursuant to paragraph
(a)of this subsection shall:
1. Indicate whether the person wishes to receive notification regarding:
a. All administrative regulations promulgated by an administrative
body; or
b. Each administrative regulation that relates to a specified subject
area. The subject areas shall be provided by the administrative
bodies and shall be listed on the centralized state government
website in alphabetical order;
2. Include a request for the person to provide an email address in order to
receive regulatory information electronically;
3. Be valid for a period of four
(4)years from the date the registration is
submitted, or until the person submits a written request to be removed
from the notification list, whichever occurs first; and
4. Be transmitted to the promulgating administrative body, if the
registration was made through the centralized state government website.
The collected email addresses shall be used solely for the purposes of
this subsection and shall not be sold, transferred, or otherwise made
available to third parties, other than the promulgating administrative
body.
(c)An administrative body that promulgates administrative regulations shall:
1. Request that the Commonwealth Office of Technology add it to the
centralized state government website if the administrative body is not
already included;
2. Maintain a list of registrations transmitted to the body pursuant to
paragraph (b)4. of this subsection;
3. Establish a method to transfer the registrations if there are personnel
changes or other disruptions; and
4. Communicate updates to subject areas and contact persons to the
Commonwealth Office of Technology as needed.
(d)A copy of the administrative regulation as filed, and all attachments required
by KRS 13A.230(1), shall be emailed by the administrative body:
1. To every person who has:
a. Registered pursuant to paragraph
(a)of this subsection; and
b. Provided an email address as part of the registration request;
2. Within five
(5)working days after the date the administrative regulation
is filed with the Commission; and
3. With a request from the administrative body that affected individuals,
businesses, or other entities submit written comments that identify the
anticipated effects of the proposed administrative regulation.
(e)Within five
(5)working days after the date the administrative regulation is
filed with the Commission, the administrative body shall mail the following
information to every person who has registered pursuant to paragraph
(a)of
this subsection but did not provide an email address:
1. A cover letter from the administrative body requesting that affected
individuals, businesses, or other entities submit written comments that
identify the anticipated effects of the proposed administrative regulation;
2. A copy of the regulatory impact analysis required by KRS 13A.240
completed in detail sufficient to put the individual on notice as to the
specific contents of the administrative regulation, including all proposed
amendments to the administrative regulation; and
3. A statement that a copy of the administrative regulation may be obtained
from the Commission's website, which can be accessed online through
public libraries or any computer with internet access. The Commission's
website address shall be included in the statement.
(a)If small business may be impacted by an administrative regulation, the
administrative body shall email a copy of the administrative regulation as
filed, and all attachments required by KRS 13A.230(1), to the chief executive
officer of the Commission on Small Business Innovation and Advocacy
within five
(5)working days after the date the administrative regulation is
filed with the Commission.
(b)The email shall include a request from the administrative body that the
Commission on Small Business Innovation and Advocacy review the
administrative regulation in accordance with KRS 11.202(1)(e) and submit its
report or comments in accordance with the deadline established in subsection
(1)(c) of this section. A copy of the report shall be filed with the regulations
compiler.
(c)An administrative body shall not be required to send a copy of an
administrative regulation that was amended after comments in accordance
with KRS 13A.280 to the Commission on Small Business Innovation and
Advocacy, unless its chief executive officer requested a copy pursuant to KRS
13A.280(8).
(a)If a local government may be impacted by an administrative regulation, the
administrative body shall send, by email if the local government has an email
address, a copy of the administrative regulation as filed and all attachments
required by KRS 13A.230(1) to each impacted local government in the state
within five
(5)working days after the date the administrative regulation is
filed with the Commission. If the local government does not have an email
address, the material shall not be sent.
(b)The email shall include a request from the administrative body that the local
government review the administrative regulation in the same manner as would
the Commission on Small Business Innovation and Advocacy under KRS
11.202(1)(e), and submit its report or comments in accordance with the
deadline established in subsection (1)(c) of this section. A copy of the report
or comments shall be filed with the regulations compiler.
(c)An administrative body shall not be required to send a copy of an
administrative regulation that was amended after comments in accordance
with KRS 13A.280 to a local government, unless its contact person requested
a copy pursuant to KRS 13A.280(8).
(6)Persons desiring to be heard at the hearing shall notify the administrative body in
writing as to their desire to appear and testify at the hearing not less than five
workdays before the scheduled date of the hearing.
(7)The administrative body shall immediately notify the regulations compiler by letter
if:
(a)No written notice of intent to attend the public hearing is received by the
administrative body at least five
(5)workdays before the scheduled hearing,
and it chooses to cancel the public hearing; and
(b)No written comments have been received by the close of the last day of the
public comment period.
(a)1. Upon receipt from interested persons of their intent to attend a public
hearing, the administrative body shall notify the regulations compiler by
letter that the public hearing shall be held.
2. If the public hearing is held but no comments are received during the
hearing, the administrative body shall notify the regulations compiler by
letter that the public hearing was held and that no comments were
received.
(b)Upon receipt of written comments, the administrative body shall notify the
regulations compiler by letter that written comments have been received.
(a)If the notifications required by subsections
(7)and
(8)of this section are not
received by the regulations compiler by close of business on the second
workday of the calendar month following the end of the public comment
period, the administrative regulation shall be deferred to the next regularly
scheduled meeting of the subcommittee.
(b)A filed administrative regulation that is deferred under this subsection due to
failure to timely notify the regulations compiler may still be placed on the
subcommittee's agenda for informational review pursuant to KRS 13A.030(3)
or (4).
(c)If a filed administrative regulation is placed on the agenda pursuant to
paragraph
(b)of this subsection, the full review of the filed administrative
regulation shall still be deferred in accordance with this subsection.
(10)The notifications required by subsections
(7)and
(8)of this section shall be made
by letter. The letter may be sent by email if the administrative body uses an
electronic signature and letterhead for the emailed document.
(11)Every hearing shall be conducted in such a manner as to guarantee each person who
wishes to offer comment a fair and reasonable opportunity to do so, whether or not
such person has given the notice contemplated by subsection
(6)of this section. No
transcript need be taken of the hearing, unless a written request for a transcript is
made, in which case the person requesting the transcript shall have the
responsibility of paying for same. A recording may be made in lieu of a transcript
under the same terms and conditions as a transcript. This section shall not preclude
an administrative body from making a transcript or making a recording if it so
desires.
(12)Nothing in this section shall be construed as requiring a separate hearing on each
administrative regulation. Administrative regulations may be grouped at the
convenience of the administrative body for purposes of hearings required by this
section.
(13)The centralized state government website that provides for the notification of the
filing of administrative regulations and amendments to existing administrative
regulations shall provide:
(a)The electronic registration notification form required by subsection (3)(a) of
this section;
(b)Up-to-date contact information and subject areas for promulgating
administrative bodies; and
(c)A form or contact information for an administrative body to:
1. Request to be added to the website if not already included; and
2. Add or change its subject areas and contact persons published on the
website.