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13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or reg

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Page 1 of 1 13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state
administrative regulation and federal law or regulation governing a subject
matter. (1) (a) When promulgating administrative regulations and amending existing administrative regulations in response to a federal mandate, an administrative
body shall compare its proposed compliance standards with any minimum or
uniform standards suggested or contained in the federal mandate. (b) Such a comparison shall include, in detail, a written determination by the administrative body on whether the proposed state administrative regulation
will impose stricter requirements or other responsibilities on the regulated
entities than those required by the federal mandate. (c) If the administrative body determines that the proposed state administrative regulation imposes additional requirements or responsibilities on the regulated
entities than is required by the federal mandate, the administrative body shall
include in its comparison analysis a written statement justifying the imposition
of stricter standards, requirements, or responsibilities. (2) (a) Except as provided by paragraph (b) of this subsection, an administrative regulation shall conform to a federal law or regulation governing a subject
matter if an administrative body is:
1. Not required by federal law or regulation to promulgate an
administrative regulation to comply with a federal law or regulation
governing the subject matter; and 2. Required or authorized by state law to promulgate an administrative
regulation governing the subject matter. (b) If the administrative regulation is more stringent than or otherwise differs from the federal law or regulation governing the subject matter, the
administrative body shall state in detail in the "NECESSITY, FUNCTION,
AND CONFORMITY" paragraph of the administrative regulation the manner
in which it is more stringent than or otherwise differs from the federal law or
regulation, and the reasons therefor. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 330, sec. 2, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 89, sec. 8, effective July 15, 1986.

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