13A.320 Amendment of administrative regulation during meeting of subcommittee or public meeting.
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13A.320 Amendment of administrative regulation during meeting of subcommittee
or public meeting.
(1) (a) An administrative body may amend an administrative regulation at a
subcommittee meeting with the consent of the subcommittee. A subcommittee <br>may amend an administrative regulation at a subcommittee meeting with the <br>consent of the administrative body.
(b) An administrative regulation shall not be amended at a public meeting of a
subcommittee unless the amendment concerns an issue that was related to the <br>administrative regulation filed with the Legislative Research Commission and <br>was: <br>1.
Considered at the public hearing; or
2.
Raised pursuant to a comment received by the administrative body at the <br>public hearing or during the public comment period pursuant to KRS <br>13A.280(1); or
3.
Raised by the subcommittee.
(c) Nothing in this chapter shall be construed to require its resubmission or
refiling or other action. The administrative regulation may be adopted as <br>amended.
(d) Subsequent to its adoption, the administrative regulation shall be published in
the Administrative Register, unless all amendments to the administrative <br>regulation that were made at a meeting of a subcommittee: <br>1.
Relate only to the format and drafting requirements of KRS 13A.220(5) <br>and 13A.222(4)(b), (c), (i), (j), and (l); and
2.
Do not alter the intent, meaning, conditions, standards, or other <br>requirements of the administrative regulation.
(e) If the amendments to an administrative regulation made at a meeting of a
subcommittee meet the requirements of paragraph (d) of this subsection, the <br>regulations compiler shall publish a notice in the Administrative Register that <br>the administrative regulation was amended at a subcommittee meeting only to <br>comply with the format and drafting requirements of this chapter.
(2) When an administrative body intends to amend an administrative regulation at a
meeting of the subcommittee, the following requirements shall be met: <br>(a) Amendments offered by the administrative body prior to a subcommittee
meeting shall be approved by the head of the administrative body.
(b) Amendments shall be contained in a letter to the subcommittee. The letter
shall: <br>1.
Identify the administrative body;
2.
State the number and title of the administrative regulation;
3.
Be dated;
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4.
Be filed with the regulations compiler at least five (5) workdays prior to <br>the meeting of the subcommittee if the amendments are initiated by the <br>administrative body; and
5.
Comply with the format requirements in paragraphs (c) and (d) of this <br>subsection.
(c) On separate lines, the amendment shall be identified by the number of the:
1.
Page;
2.
Section, subsection, paragraph, subparagraph, clause, or subclause, as <br>appropriate; and
3.
Line.
(d) 1.
If a word or phrase, whether or not underlined, is to be deleted, the <br>amendment shall identify the word or phrase to be deleted and state that <br>it is to be deleted. If a word or phrase is to be replaced by another word <br>or phrase, the amendment shall specify the word or phrase that is to be <br>deleted and shall specify the word or phrase that is to be inserted in lieu <br>thereof.
2.
If new language is to be inserted, the amendment shall state that it is to <br>be inserted, and the new language shall be underlined.
3.
If the amendment consists of no more than four (4) words, the words <br>shall be placed between quotation marks. If the amendment consists of <br>more than four (4) words, the amendment shall be indented and not <br>placed between quotation marks.
4.
If a section, subsection, paragraph, subparagraph, clause, or subclause is <br>to be deleted in its entirety, the amendment shall identify it and state that <br>it is deleted in its entirety, whether or not it contains underlined or <br>bracketed language.
(3) An administrative body shall submit twenty (20) copies of an amendment to an
administrative regulation to the regulations compiler prior to the Administrative <br>Regulation Review Subcommittee meeting at which the amendment will be <br>considered.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 21, effective June 20, 2005. -- Amended
2003 Ky. Acts ch. 89, sec. 17, effective June 24, 2003. -- Amended 1998 Ky. Acts <br>ch. 38, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 16, <br>effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 25, effective July <br>15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 30, effective July 13, 1990. -- <br>Amended 1988 Ky. Acts ch. 71, sec. 5, effective July 15, 1988; and ch. 415, sec. 12, <br>effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 32, effective April 13, <br>1984.
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