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77.185 Public hearing to be held before enactment of orders, rules, or regulations -- Adoption of procedural rules for the promulgation of regulations.

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Page 1 of 1 77.185 Public hearing to be held before enactment of orders, rules, or regulations -- Adoption of procedural rules for the promulgation of regulations. (1) The air pollution control board shall not enact any order, rule, or regulation until it first holds a public hearing thereon. It shall give notice of the public hearing by <br>publication pursuant to KRS Chapter 424. (2) The air pollution control board shall, by regulation, adopt procedural rules for the promulgation of regulations. These rules shall provide the public with a fair and <br>reasonable opportunity for review of and comment on all proposed actions on <br>regulations and shall ensure that the board provides full consideration to all written <br>and oral comments prior to promulgating final regulations. The rules shall, at a <br>minimum, provide the public with: <br>(a) At least thirty (30) days' notice prior to a public hearing on proposed actions on regulations; (b) Copies of the proposed actions at the time of the notice; <br>(c) A written response to all comments submitted on the proposed actions; <br>(d) A written statement explaining the basis for any substantive amendments made to a proposed action on regulations after its initial proposal; and (e) An assessment of the regulatory impact on the regulated community and the public of each proposed action on regulations. The regulatory impact <br>assessment shall include the estimated costs and savings associated with the <br>action, the feasibility of all alternatives considered, and a comparison with any <br>minimum or uniform standards under the Clean Air Act of 1963 as amended <br>by the Clean Air Act Amendments of 1990 or any other federal requirement. <br>The board may rely on reasonably available information in assessing the <br>regulatory impact of its regulatory actions. The regulatory impact assessment <br>required by this subsection need not be developed when the proposed <br>regulatory action is substantively identical to federal standards or <br>requirements. Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 420, sec. 5, effective July 15, 1994. -- Amended 1966 Ky. Acts ch. 239, sec. 32. -- Created 1952 Ky. Acts ch. 53, sec. 45.