13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with compiler -- Format.
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13A.220 Compliance with KRS 13A.222 and 13A.224 required -- Filing with
compiler -- Format.
All administrative regulations shall comply with the provisions of KRS 13A.222 and <br>13A.224. <br>(1) An administrative body shall file with the regulations compiler:
(a) The original and five (5) copies of an administrative regulation; and <br>(b) At the same time the original and five (5) copies are filed, an electronic
version, if available, of the administrative regulation and required attachments <br>on a diskette or by e-mail in an electronic format approved by the regulations <br>compiler.
(2) The original and each copy of each administrative regulation shall be stapled in the
top left corner. The original and the five (5) copies of each administrative regulation <br>shall be grouped together.
(3) An amendment to an administrative regulation shall not be made on a copy of the
administrative regulation reproduced from the Kentucky Administrative <br>Regulations Service or the Administrative Register. It shall be a typed original in <br>the format specified in subsection (4) of this section.
(4) The format of an administrative regulation shall be as follows:
(a) An administrative regulation shall be typewritten on white paper, size eight
and one-half (8-1/2) by eleven (11) inches and shall be double-spaced through <br>the last line of the body of the administrative regulation. The first page shall <br>have a two (2) inch top margin. The administrative regulation shall be typed in <br>a twelve (12) point font approved by the regulations compiler. The lines on <br>each page shall be numbered, with each page starting with line number one <br>(1). Pages of an administrative regulation and documents attached to the <br>administrative regulation shall be numbered sequentially. Page numbers shall <br>be centered in the bottom margin of each page. Copies of the administrative <br>regulation may be mechanically reproduced;
(b) The regulations compiler shall place a stamp indicating the date and time of
receipt of the administrative regulation in the two (2) inch margin on the first <br>page;
(c) The cabinet, department, and division of the administrative body shall be
listed on separate double-spaced lines two (2) inches from the top in the upper <br>left hand corner of the first page. This shall be followed on the next double-<br>spaced line by "(New Administrative Regulation)," "(Amendment)," <br>"(Amended
After
Comments),"
"(Repealer),"
"(New
Emergency
Administrative Regulation)," "(Emergency Amendment)," or "(Emergency <br>Repealer)," whichever is applicable;
(d) The notation shall be followed by the number and title of the administrative
regulation on the next double-spaced line. The promulgating administrative <br>body shall contact the regulations compiler prior to filing to obtain an <br>administrative regulation number for a new administrative regulation;
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(e) On the next double-spaced line following the number and title of an
administrative regulation, after the words "RELATES TO:," the <br>administrative body shall list all statutes and other enactments, including any <br>branch budget bills or executive orders, to which the administrative regulation <br>relates or which shall be affected by the administrative regulation. After the <br>words "STATUTORY AUTHORITY:" the administrative body shall list the <br>specific statutes and other enactments, where applicable, authorizing the <br>promulgation of the administrative regulation. Federal statutes and regulations <br>shall be cited in the "RELATES TO:" and "STATUTORY AUTHORITY:" <br>sections as provided by KRS 13A.2261; and
(f) Following the citations provided for in paragraph (e) of this subsection, and
following the words "NECESSITY, FUNCTION, AND CONFORMITY:" the <br>administrative body shall include a brief statement setting forth the necessity <br>for promulgating the administrative regulation, a summary of the functions <br>intended to be implemented by the administrative regulation, and, if <br>applicable, the statement required by KRS 13A.245(2)(b).
(5) The numbering within the body of an administrative regulation shall be the
responsibility of the promulgating body, subject to the authority of the regulations <br>compiler to divide or renumber an administrative regulation. The following format <br>shall be used by the administrative body in the numbering of each administrative <br>regulation. Each section shall begin with the word "Section" followed by an Arabic <br>number, and titles of sections shall be initially capitalized. Subsections shall be <br>designated by an Arabic number in parentheses. Paragraphs shall be designated by <br>lower case letters of the alphabet in parentheses (e.g., (a), (b), (c), etc.). <br>Subparagraphs shall be designated by an Arabic number followed by a period (e.g., <br>1., 2., etc.). Clauses shall be designated by lower case letters of the alphabet <br>followed by a period (e.g., a., b., c., etc.). Subclauses shall be designated by lower <br>case Roman numerals in parentheses (e.g., (i), (ii), (iii), etc.).
(6) After the complete text of an administrative regulation, on the following page, the
administrative body shall include the following information: <br>(a) If the provisions of KRS 13A.120(3) are applicable, a statement that the
official or the head of the administrative body has reviewed or approved the <br>administrative regulation; the signature of such official or head; and the date <br>on which such review or approval occurred;
(b) The authorizing signature of the administrative body promulgating the
administrative regulation, and the date on which the administrative body <br>approved the promulgation;
(c) Information relating to public hearings as required by KRS 13A.160 and
13A.270 and the public comment period required by KRS 13A.270; and
(d) The name, position, address, telephone number, and facsimile number of the
contact person of the administrative body. The contact person shall be the <br>person authorized by the head of an administrative body to: <br>1.
Receive information relating to issues raised by the public or by a <br>subcommittee prior to a public meeting of the subcommittee;
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2.
Negotiate changes in language with a subcommittee in order to resolve <br>such issues; and
3.
Answer questions relating to the administrative regulation.
(7) The format for signatures required by paragraphs (a) and (b) of subsection (6) of
this section shall be as follows: <br>(a) The signature shall be placed on a signature line; and <br>(b) The name and title of the person signing shall be typed immediately beneath
the signature line.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 6, effective June 20, 2005. -- Amended
2003 Ky. Acts ch. 89, sec. 10, effective June 24, 2003. -- Amended 2000 Ky. Acts <br>ch. 406, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 38, sec. 4, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 8, effective July 15, <br>1996; and ch. 330, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts <br>ch. 387, sec. 13, effective July 15, 1994; and ch. 410, sec. 12, effective July 15, <br>1994. -- Amended 1990 Ky. Acts ch. 516, sec. 22, effective July 15, 1990. -- <br>Amended 1988 Ky. Acts ch. 425, sec. 7, effective July 15, 1988. -- Created 1984 Ky. <br>Acts ch. 417, sec. 22, effective April 13, 1984.
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