13A.010 Definitions for chapter.
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/ky/chapter-13a/13a-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context otherwise requires:
(1)"Administrative body" means each state board, bureau, cabinet, commission,
department, authority, officer, or other entity, except the General Assembly and the
Court of Justice, authorized by law to promulgate administrative regulations;
(2)"Administrative regulation" means each statement of general applicability
promulgated by an administrative body that implements, interprets, or prescribes
law or policy, or describes the organization, procedure, or practice requirements of
any administrative body. The term includes an existing administrative regulation, a
new administrative regulation, an emergency administrative regulation, an
administrative regulation in contemplation of a statute, and the amendment or
repeal of an existing administrative regulation, but does not include:
(a)Statements concerning only the internal management of an administrative
body and not affecting private rights or procedures available to the public;
(b)Declaratory rulings;
(c)Intradepartmental memoranda not in conflict with KRS 13A.130;
(d)Statements relating to acquisition of property for highway purposes and
statements relating to the construction or maintenance of highways; or
(e)Rules, regulations, and policies of the governing boards of institutions that
make up the postsecondary education system defined in KRS 164.001
pertaining to students attending or applicants to the institutions, to faculty and
staff of the respective institutions, or to the control and maintenance of land
and buildings occupied by the respective institutions;
(3)"Adopted" means that an administrative regulation has become effective in
accordance with the provisions of this chapter;
(4)"Authorizing signature" means the signature of the head of the administrative body
authorized by statute to promulgate administrative regulations;
(5)"Commission" means the Legislative Research Commission;
(6)"Effective" means an administrative regulation that has completed the legislative
committee review established by KRS 13A.290, 13A.330, and 13A.331;
(7)"Federal mandate" means any federal constitutional, legislative, or executive law or
order that requires or permits any administrative body to engage in regulatory
activities that impose compliance standards, reporting requirements, recordkeeping,
or similar responsibilities upon entities in the Commonwealth;
(8)"Federal mandate comparison" means a written statement containing the
information required by KRS 13A.245;
(9)"Filed" or "promulgated" means that an administrative regulation, or other
document required to be filed by this chapter, has been submitted to the
Commission in accordance with this chapter;
(10)"Full review" means that a filed administrative regulation is on an agenda for:
(a)The subcommittee as the last step required by this chapter prior to assignment
in accordance with KRS 13A.290(6);
(b)A legislative committee as the last step required by this chapter for an
ordinary administrative regulation before becoming effective upon
adjournment in accordance with KRS 13A.331(1) and (2); or
(c)A legislative committee as an emergency administrative regulation being
reviewed after assignment in accordance with KRS 13A.290(6) and (7);
(11)"Last effective date" means the latter of:
(a)The most recent date an ordinary administrative regulation became effective,
without including the date a technical amendment was made pursuant to KRS
13A.040(10), 13A.2255(2), or 13A.312; or
(b)The date a certification letter was filed with the regulations compiler for that
administrative regulation pursuant to KRS 13A.3104(4), if the letter stated
that the administrative regulation shall remain in effect without amendment;
(12)"Legislative committee" means an interim joint committee, a House or Senate
standing committee, a statutory committee, or a subcommittee of the Legislative
Research Commission;
(13)"Local government" means and includes a city, county, urban-county, charter
county, consolidated local government, special district, or a quasi-governmental
body authorized by the Kentucky Revised Statutes or a local ordinance;
(14)"Major economic impact" means the combined implementation and compliance
costs of an administrative regulation are at least five hundred thousand dollars
($500,000) over any two
(2)year period;
(15)"Proposed administrative regulation" means an administrative regulation that:
(a)Has been filed by an administrative body; and
(b)Has not become effective or been withdrawn;
(16)"Regulatory impact analysis" means a written statement containing the provisions
required by KRS 13A.240;
(17)"Signature" means the application of letters or numbers that signify the intent to
sign, are uniquely linked to the signer, and are:
(a)Produced by manual or handwritten means;
(b)An image of the manual or handwritten signature produced under paragraph
(a)of this subsection; or
(c)Produced by using a digital signature scheme or electronic confirmation
method that allows for verification of authenticity;
(18)"Small business" means a business entity, including its affiliates, that:
(a)Is independently owned and operated; and
(b)1. Employs fewer than one hundred fifty
(150)full-time employees or their
equivalent; or
2. Has gross annual sales of less than six million dollars ($6,000,000);
(19)"Statement of consideration" means the document required by KRS 13A.280 in
which the administrative body summarizes the comments received, its responses to
those comments, and the action taken, if any, as a result of those comments and
responses;
(20)"Subcommittee" means the Administrative Regulation Review Subcommittee of the