KRS 13A.210: Tiering of administrative regulations.

(1) When promulgating administrative regulations and reviewing existing ones,

administrative bodies shall, whenever possible, tier their administrative regulations

to reduce disproportionate impacts on certain classes of regulated entities, including

government or small business, or both, and to avoid regulating entities that do not

contribute significantly to the problem the administrative regulation was designed to

address. The tiers, however, shall be based upon reasonable criteria and uniformly

applied to a n entire class. Administrative bodies shall use any number of tiers that

will solve most efficiently and effectively the problem the administrative regulation

addresses. A written statement shall be submitted to the Legislative Research

Commission explaining why tiering was or was not used.

(2) Administrative bodies may use, but shall not be limited to, the following methods of

tiering administrative regulations:

(a) Reduce or modify substantive regulatory requirements;

(b) Eliminate some requirements entirely;

(c) Simplify and reduce reporting and recordkeeping requirements;

(d) Provide exemptions from reporting and recordkeeping requirements;

(e) Reduce the frequency of inspections;

(f) Provide exemptions from inspections and other compliance activities;

(g) Delay compliance timetables;

(h) Reduce, modify, or waive fines or other penalties for noncompliance; and

(i) Address and alleviate special problems of individuals and small businesses in

complying with an administrative regulation.

(3) When tiering regulatory requirements, administrative bodies may use, but shall not

be limited to, size and nonsize variables. Size variables include number of citizens,

number of employees, level of operating revenues, level of assets, and market

shares. Nonsize variables include degree of risk posed to humans, technological and

economic ability to comply, geographic locations, and level of federal funding.

(4) When modifying tiers, administrative bodies shall monitor, but shall not be limited

to, the following variables:

(a) Changing demographic characteristics;

(b) Changes in the composition of the workforce;

(c) Changes in the inflation rate requiring revisions of dollar-denominated tiers;

(d) Changes in market concentration and segmentation;

(e) Advances in technology; and

(f) Changes in legislation.