13A.320 Amendment of administrative regulation during meeting of subcommittee or public meeting. - Kentucky Statutes

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Page 1 of 2 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
may amend an administrative regulation at a subcommittee meeting with the
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
administrative regulation filed with the Legislative Research Commission and
was:
1. Considered at the public hearing; or 2. Raised pursuant to a comment received by the administrative body at the
public hearing or during the public comment period pursuant to KRS
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
amended. (d) Subsequent to its adoption, the administrative regulation shall be published in the Administrative Register, unless all amendments to the administrative
regulation that were made at a meeting of a subcommittee:
1. Relate only to the format and drafting requirements of KRS 13A.220(5)
and 13A.222(4)(b), (c), (i), (j), and (l); and 2. Do not alter the intent, meaning, conditions, standards, or other
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
regulations compiler shall publish a notice in the Administrative Register that
the administrative regulation was amended at a subcommittee meeting only to
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:
(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:
1. Identify the administrative body; 2. State the number and title of the administrative regulation; 3. Be dated; Page 2 of 2 4. Be filed with the regulations compiler at least five (5) workdays prior to
the meeting of the subcommittee if the amendments are initiated by the
administrative body; and 5. Comply with the format requirements in paragraphs (c) and (d) of this
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
appropriate; and 3. Line. (d) 1. If a word or phrase, whether or not underlined, is to be deleted, the
amendment shall identify the word or phrase to be deleted and state that
it is to be deleted. If a word or phrase is to be replaced by another word
or phrase, the amendment shall specify the word or phrase that is to be
deleted and shall specify the word or phrase that is to be inserted in lieu
thereof. 2. If new language is to be inserted, the amendment shall state that it is to
be inserted, and the new language shall be underlined. 3. If the amendment consists of no more than four (4) words, the words
shall be placed between quotation marks. If the amendment consists of
more than four (4) words, the amendment shall be indented and not
placed between quotation marks. 4. If a section, subsection, paragraph, subparagraph, clause, or subclause is
to be deleted in its entirety, the amendment shall identify it and state that
it is deleted in its entirety, whether or not it contains underlined or
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
Regulation Review Subcommittee meeting at which the amendment will be
considered. Effective: June 20, 2005
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
ch. 38, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 16,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 25, effective July
15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 30, effective July 13, 1990. --
Amended 1988 Ky. Acts ch. 71, sec. 5, effective July 15, 1988; and ch. 415, sec. 12,
effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 32, effective April 13,
1984.