KRS 13A.280: Statement of consideration -- Amendment -- Format -- Information

required -- Publication.

(1) Following the last day of the comment period, the administrative body shall give

consideration to all comments received at the public hearing and all written

comments received during the comment period, including:

(a) Any report filed by the Commission on Small Business Innovation and

Advocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local

government in accordance with KRS 11.202(1)(e) and 13A.270(5); and

(b) Any comments regarding the administrative regulation's major economic

impact as submitted by agencies, local governments, or regulated entities.

(2) (a) Except as provided in paragraph (b) of this subsection, the administr ative

body shall file with the Commission on or before 12 noon, eastern time, on

the fifteenth day of the calendar month following the end of the public

comment period the statement of consideration relating to the administrative

regulation and, if applicable, the amended after comments version.

(b) If the administrative body has received a significant number of public

comments:

1. It may extend the time for filing the statement of consideration for an

ordinary administrative regulation and, if applicable, the amended after

comments version by notifying the regulations compiler in writing on or

before 12 noon, eastern time, on the fifteenth day of the calendar month

following the end of the public comment period; and

2. The administrative body shall file the statement of consideration for an

ordinary administrative regulation and, if applicable, the amended after

comments version, with the Commission on or before 12 noon, eastern

time, no later than the fifteenth day of the second calendar month

following the end of the public comment period.

(3) (a) If the administrative regulation is amended as a result of the hearing or written

comments received, the administrative body shall file the items specified in

this paragraph with the regulations compiler by 12 noon, eastern time, on the

applicable deadline specified in subsection (2) of this section:

1. The original and four (4) copies of the administrative regulation

indicating any amendments resulting from comments received at the

public hearing and during the comment period. The amendments shall

be indicated in:

a. The original wording for an ordinary administrative regulation;

b. The original wording for an emergency administrative regulation;

or

c. The wording of an emergency administrative regulation as

amended, for an emergency administrative regulati on that was

amended at a legislative committee meeting pursuant to KRS

13A.190(3);

2. The original and four (4) copies of the statement of consideration as

required by subsection (2) of this section, attached to the back of the

original and each copy of the administrative regulation; and

3. The regulatory impact analysis, tiering statement, federal mandate

comparison if applicable, and fiscal note. These documents shall reflect

changes resulting from amendments made after the public hearing.

(b) 1. Each ori ginal amended after comments version, the statement of

consideration, and the attachments required by paragraph (a)3. of this

subsection shall be single-sided and stapled in the top left corner.

2. One (1) of the copies shall be single-sided and unstapled.

3. The other three (3) copies shall be stapled in the top left corner and may

be double-sided.

(c) At the same time as, or prior to, filing the paper version, the administrative

body shall file an electronic version of the amended after comments version,

the statement of consideration, and the required attachments saved as a single

document for each amended after comments administrative regulation in an

electronic format approved by the regulations compiler.

(d) Within five (5) working days after filing an amended after comments version,

an administrative body shall:

1. Prominently display on its website:

a. A notice that an amended after comments version has been filed

with the Commission;

b. A summary of the amended after comments version, including:

i. The number of the administrative regulation;

ii. The title of the administrative regulation; and

iii. A brief explanation of the changes made; and

c. Information on how to access the amended after comments version

on the Commission's website; and

2. Email the amended after comments version and statement of

consideration as filed, and all attachments required by paragraph (a)3. of

this subsection, to every person who has registered pursuant to KRS

13A.270(3)(a)2. and provided an email address as part of the registration

request.

(e) Material incorporated by reference that is amended after comments shall be

filed, and if applicable, displayed in the manner required by KRS 13A.2255.

(4) (a) 1. If the administrative regulation is not amended as a result of the public

hearing, or written comments received, the administrative body shall file

the original and four (4) copies of the statement of consideration with

the regulations compiler by 12 noon, eastern time, on the deadline

established in subsection (2) of this section.

2. Each original statement of consideration shall be single -sided and

stapled in the top left corner.

3. One (1) of the copies shall be single-sided and unstapled.

4. The other three (3) copies shall be stapled in the top left corner and may

be double-sided.

(b) If the statement of consideration covers multiple administrative regulations

that were not amended as a result of the public hearing or written comments

received, the administrative body shall file with the regulations compiler:

1. The original and four (4) copies of the statement of consideration as

required by paragraph (a) of this subsection; and

2. Two (2) additional unstapled, single -sided copies of the stat ement of

consideration for each additional administrative regulation included in

the group of administrative regulations.

(c) At the same time as, or prior to, filing the paper version, the administrative

body shall file an electronic version of the statement of consideration saved as

a single document for each statement of consideration in an electronic format

approved by the regulations compiler.

(5) (a) If comments are received either at the public hearing or during the public

comment period, the adminis trative regulation shall be deferred to the next

regularly scheduled meeting of the subcommittee following the month in

which the statement of consideration is due.

(b) A filed administrative regulation that is deferred under this subsection due to

receipt of public comments may still be placed on the subcommittee's agenda

for informational review pursuant to KRS 13A.030(3) or (4).

(c) If a filed administrative regulation is placed on the agenda pursuant to

paragraph (b) of this subsection, the full review of the filed administrative

regulation shall still be deferred in accordance with this subsection.

(6) The format for the statement of consideration shall be as follows:

(a) The statement shall be typewritten on white paper, size eight and one -half (8-

1/2) by eleven (11) inches. Copies of the statement may be mechanically

reproduced;

(b) The first page of the statement of consideration shall have a two (2) inch top

margin;

(c) The heading of the statement shall consist of the words "STATEMENT OF

CONSIDERATION RELATING TO" followed by the number of the

administrative regulation that was the subject of the public hearing and

comment period and the name of the promulgating administrative body. The

heading shall be centered. This shall be followed by the words " Not Amended

After Comments," "Emergency Not Amended After Comments," "Amended

After Comments," or "Emergency Amended After Comments," whichever is

applicable;

(d) If a hearing has been held or written comments received, the heading is to be

followed by:

1. A statement setting out the date, time and place of the hearing, if the

hearing was held;

2. A list of those persons who attended the hearing or who submitted

comments and the organization, agency, or other entity represented, if

applicable; and

3. The na me and title of the representative of the promulgating

administrative body;

(e) 1. Following the general information, the promulgating administrative

body shall summarize the comments received at the public hearing and

during the comment period and the res ponse of the promulgating

administrative body. Each subject commented upon shall be

summarized in a separate numbered paragraph. Each numbered

paragraph shall contain two (2) subsections:

a. Subsection (a) shall be labeled "Comment," shall identify the name

of the person, and the organization represented if applicable, who

made the comment, and shall contain a summary of the comment;

and

b. Subsection (b) shall be labeled "Response" and shall contain the

response to the comment by the promulgating administrative body.

2. If administrative regulations were considered as a group and a comment

relates to one (1) or more of the administrative regulations, the summary

of the comment and response shall specify each administrative

regulation to which it applies;

(f) 1. Following the summary of the comments and responses, the

promulgating administrative body shall summarize the statement of

consideration and the action taken by the administrative body as a result

of comments received at the public hearing and during the comment

period.

2. If administrative regulations were considered as a group, a separate

summary and action taken shall be provided for each administrative

regulation; and

(g) Emergency administrative regulations shall be in a separate statement of

consideration from ordinary administrative regulations.

(7) If the administrative regulation is amended pursuant to subsection (3) of this

section, the full text of the administrative regulation shall be published in the

Administrative Register. The changes made to the administrative regulation shall be

typed in bold and made in the format prescribed by KRS 13A.222(2). The

administrative regulation shall be reviewed by the Administrative Regulation

Review Subcommittee after such publication.

(8) If requested, copies of the statement of consideration and, if applicable, the

amended after comments version of the administrative regulation shall be made

available by the promulgating administrative body to persons attending the hearing

or submitting comments or who specifically request a c opy from the administrative

body.