13A.280 Statement of consideration -- Amendment -- Format -- Information
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/ky/13a-280A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
required -- Publication.
(1)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:
(a)Any report filed by the Commission on Small Business Innovation and
Advocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local
government in accordance with KRS 11.202(1)(e) and 13A.270(5); and
(b)Any comments regarding the administrative regulation's major economic
impact as submitted by agencies, local governments, or regulated entities.
(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 end of the public
comment period the statement of consideration relating to the administrative
regulation and, if applicable, the amended after comments version.
(b)If the administrative body has received a significant number of public
comments:
1. It may extend the time for filing the statement of consideration for an
ordinary administrative regulation and, if applicable, the amended after
comments version by notifying the regulations compiler in writing on or
before 12 noon, eastern time, on the fifteenth day of the calendar month
following the end of the public comment period; and
2. The administrative body shall file the statement of consideration for an
ordinary administrative regulation and, if applicable, the amended after
comments version, with the Commission on or before 12 noon, eastern
time, no later than the fifteenth day of the second calendar month
following the end of the public comment period.
(a)If the administrative regulation is amended as a result of the hearing or written
comments received, the administrative body shall file the items specified in
this paragraph with the regulations compiler by 12 noon, eastern time, on the
applicable deadline specified in subsection
(2)of this section:
1. The original and four
(4)copies of the administrative regulation
indicating any amendments resulting from comments received at the
public hearing and during the comment period. The amendments shall
be indicated in:
a. The original wording for an ordinary administrative regulation;
b. The original wording for an emergency administrative regulation;
or
c. The wording of an emergency administrative regulation as
amended, for an emergency administrative regulation that was
amended at a legislative committee meeting pursuant to KRS
13A.190(3);
2. The original and four
(4)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 if applicable, and fiscal note. These documents shall reflect
changes resulting from amendments made after the public hearing.
(b)1. Each original amended after comments version, the statement of
consideration, and the attachments required by paragraph (a)3. of this
subsection shall be single-sided and stapled in the top left corner.
2. One
(1)of the copies shall be single-sided and unstapled.
3. The other three
(3)copies shall be stapled in the top left corner and may
be double-sided.
(c)At the same time as, or prior to, filing the paper version, the administrative
body shall file an electronic version of the amended after comments version,
the statement of consideration, and the required attachments saved as a single
document for each amended after comments administrative regulation in an
electronic format approved by the regulations compiler.
(d)Within five
(5)working days after filing an amended after comments version,
an administrative body shall:
1. Prominently display on its website:
a. A notice that an amended after comments version has been filed
with the Commission;
b. A summary of the amended after comments version, including:
i. The number of the administrative regulation;
ii. The title of the administrative regulation; and
iii. A brief explanation of the changes made; and
c. Information on how to access the amended after comments version
on the Commission's website; and
2. Email the amended after comments version and statement of
consideration as filed, and all attachments required by paragraph (a)3. of
this subsection, to every person who has registered pursuant to KRS
13A.270(3)(a)2. and provided an email address as part of the registration
request.
(e)Material incorporated by reference that is amended after comments shall be
filed, and if applicable, displayed in the manner required by KRS 13A.2255.
(a)1. 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 four
(4)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.
2. Each original statement of consideration shall be single-sided and
stapled in the top left corner.
3. One
(1)of the copies shall be single-sided and unstapled.
4. The other three
(3)copies shall be stapled in the top left corner and may
be double-sided.
(b)If the statement of consideration covers multiple administrative regulations
that were not amended as a result of the public hearing or written comments
received, the administrative body shall file with the regulations compiler:
1. The original and four
(4)copies of the statement of consideration as
required by paragraph
(a)of this subsection; and
2. Two
(2)additional unstapled, single-sided copies of the statement of
consideration for each additional administrative regulation included in
the group of administrative regulations.
(c)At the same time as, or prior to, filing the paper version, the administrative
body shall file an electronic version of the statement of consideration saved as
a single document for each statement of consideration in an electronic format
approved by the regulations compiler.
(a)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.
(b)A filed administrative regulation that is deferred under this subsection due to
receipt of public comments 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.
(6)The format for the statement of consideration shall be as follows:
(a)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;
(b)The first page of the statement of consideration shall have a two
(2)inch top
margin;
(c)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," "Emergency Not Amended After Comments," "Amended
After Comments," or "Emergency Amended After Comments," whichever is
applicable;
(d)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;
(e)1. 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:
a. 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
b. Subsection
(b)shall be labeled "Response" and shall contain the
response to the comment by the promulgating administrative body.
2. If administrative regulations were considered as a group and a comment
relates to one
(1)or more of the administrative regulations, the summary
of the comment and response shall specify each administrative
regulation to which it applies;
(f)1. Following the summary of the comments and responses, the
promulgating administrative body shall summarize the statement of
consideration and the action taken by the administrative body as a result
of comments received at the public hearing and during the comment
period.
2. If administrative regulations were considered as a group, a separate
summary and action taken shall be provided for each administrative
regulation; and
(g)Emergency administrative regulations shall be in a separate statement of
consideration from ordinary administrative regulations.
(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.
(8)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.