KRS 13A.2255: Amendment of material previously incorporated by reference.

(1) When an administrative body amends material that had been previously

incorporated by reference, the amendment shall be accomplished by submission of:

(a) An amendment to the administrative regulation with a new edition date for the

material incorporated by reference. The amendment shall be filed in

accordance with:

1. KRS 13A.220 to initiate a change in an existing administrative

regulation;

2. KRS 13A.280 to amend a proposed administrative regulation as a result

of the hearing or written comments received; or

3. KRS 13A.320 to amend a proposed administrative regulation at a

legislative committee meeting;

(b) An entire new document in which the amendments have been made but ar e

not reflected in the manner specified in KRS 13A.222(2), and:

1. If the new document has been developed by the promulgating

administrative body, the entire document shall be displayed prominently

on the administrative body's website and the Uniform Resou rce Locator

(URL) of the address where the material may be directly viewed on the

agency's website shall be included in the body of the administrative

regulation; or

2. If any materials incorporated by reference are subject to a valid

copyright owned by a third party not controlled by the promulgating

administrative body, the material shall be referenced by providing

sufficient information to assist in locating the material from the third

party, including the ISBN if available;

(c) A summary of the amended material. This summary shall:

1. Include the name and edition date of each item incorporated by

reference, an explanation of each item's changes and their effect, and the

total number of pages incorporated by reference; and

2. Be attached to the back of the administrative regulation or, if part of an

amendment pursuant to KRS 13A.320, to the amendment submitted for

the legislative committee meeting; and

(d) The page or pages of any document developed by the promulgating

administrative body in which changes have been made, with the changes

accomplished in the manner specified in KRS 13A.222(2). Notwithstanding

KRS 13A.040(6), the regulations compiler shall not be required to keep these

marked copies once the administrative regulation has been adopted or

withdrawn.

(2) (a) If the changes to the material incorporated by reference are technical in nature

and authorized by KRS 13A.040(10) or 13A.312, the administrative body

may submit to the regulations compiler a copy of the revised mater ial

incorporated by reference and a detailed letter explaining what changes are

made and the reason for the changes.

(b) If the regulations compiler determines that the requested change does not

affect the substance of the material incorporated by referenc e and that the

change is authorized by KRS 13A.040(10) or 13A.312, the edition date stated

in the administrative regulation shall be changed to match the edition date on

the revised material and the history line of that administrative regulation shall

note that a technical amendment was made.

(c) If the requested change affects the substance of the material incorporated by

reference or is not authorized by KRS 13A.040(10) or 13A.312, the

administrative body shall comply with subsection (1) of this section.