13A.320 Amendment of administrative regulation during meeting of legislative
991 words·~5 min read·
/ky/13a-320A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
committee or public meeting -- Format.
(a)An administrative body may amend a filed ordinary or emergency
administrative regulation at a legislative committee meeting with the consent
of the legislative committee. A legislative committee may amend a filed
ordinary or emergency administrative regulation at a legislative committee
meeting with the consent of the administrative body.
(b)An administrative regulation shall not be amended at a public meeting of a
legislative committee unless the amendment concerns an issue that was
related to the administrative regulation filed with the Legislative Research
Commission and was:
1. Considered at the public hearing;
2. Raised pursuant to a comment received by the administrative body at the
public hearing or during the public comment period pursuant to KRS
13A.280(1); or
3. Raised during the legislative committee meeting.
(c)Nothing in this chapter shall be construed to require the administrative
regulation's resubmission or refiling or other action. The administrative
regulation may be adopted as amended.
(d)Following approval of an amendment to an administrative regulation at a
legislative committee meeting, the administrative regulation as amended shall
be published in the Administrative Register, unless all amendments to the
administrative regulation that were made at the meeting of the legislative
committee:
1. Relate only to the formatting and drafting requirements of KRS
13A.220(5) and 13A.222(4)(b), (c), (i), (j), and (l); and
2. Do not alter the intent, meaning, conditions, standards, or other
requirements of the administrative regulation.
(e)If the amendments to an administrative regulation made at a meeting of a
legislative committee meet the exception requirements of paragraph
(d)of this
subsection, the regulations compiler shall publish a notice in the
Administrative Register that the administrative regulation was amended at a
legislative committee meeting only to comply with the formatting and drafting
requirements of this chapter.
(2)If an administrative body intends to amend an administrative regulation at a
meeting of a legislative committee, the following requirements shall be met:
(a)An amendment offered by the administrative body prior to a legislative
committee meeting shall be approved by the head of the administrative body;
(b)The amendment shall be contained in a letter to the legislative committee. The
letter shall:
1. Identify the administrative body;
2. State the number and title of the administrative regulation;
3. Be dated; and
4. Be filed with the regulations compiler; and
(c)The amendment shall be made in one
(1)of the following formats:
1. a. On separate lines, the amendment shall be identified by the
number of the:
i. Page;
ii. Section, subsection, paragraph, subparagraph, clause, or
subclause, as appropriate; and
iii. Line.
b. If a word or phrase, whether or not underlined, is to be deleted, the
amendment shall identify the word or phrase to be deleted and
state that it is to be deleted. If a word or phrase is to be replaced by
another word or phrase, the amendment shall specify the word or
phrase that is to be deleted and shall specify the word or phrase
that is to be inserted in lieu thereof.
c. If new language is to be inserted, the amendment shall state that it
is to be inserted, and the new language shall be underlined.
d. If the amendment consists of no more than four
(4)words, the
words shall be placed between quotation marks. If the amendment
consists of more than four
(4)words, the amendment shall be
indented and not placed between quotation marks.
e. If a section, subsection, paragraph, subparagraph, clause, or
subclause is to be deleted in its entirety, the amendment shall
identify it and state that it is deleted in its entirety, whether or not
it contains underlined or bracketed language; or
2. a. By substituting the complete text of the administrative regulation,
with the proposed changes made to the administrative regulation
typed in bold, italicized, and in the format prescribed by KRS
13A.222(2).
b. i. If the amendment is initiated by the administrative body, the
administrative body shall submit at the same time as, or prior
to, filing the paper version, an electronic version of the
amendment in a format approved by the regulations
compiler.
ii. If there are differences between the paper copy and the
electronic version of the amendment, the electronic version
shall be the controlling version.
(3)If the amendment is initiated by the administrative body, the amendment shall be:
(a)Filed at least three
(3)working days prior to the meeting of the legislative
committee;
(b)Filed with an updated fiscal note as established by KRS 13A.250(4);
(c)Filed with a summary of the amendment and an explanation of its intent; and
(d)Emailed as soon as practicable 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.
(4)An amendment to an administrative regulation may be made orally at a legislative
committee meeting if the requirements of subsection (1)(a) of this section are met.
(5)Except for an amendment made orally pursuant to subsection
(4)of this section:
(a)For a meeting of the Administrative Regulation Review Subcommittee, an
administrative body shall submit fifteen
(15)copies of an amendment to an
administrative regulation to the regulations compiler prior to the
Administrative Regulation Review Subcommittee meeting at which the
amendment will be considered and, if applicable, in accordance with the
deadline established in subsection (3)(a) of this section; or
(b)For a meeting of a legislative committee other than the Administrative
Regulation Review Subcommittee, an administrative body shall contact the
regulations compiler prior to the legislative committee meeting at which the
amendment will be considered to find out the number of copies needed for
that specific legislative committee. The original amendment and the specified
number of copies shall be submitted to the regulations compiler prior to the
legislative committee meeting at which the amendment will be considered
and, if applicable, in accordance with the deadline established in subsection
(3)(a) of this section.