KRS 13A.320: Amendment of administrative regulation during meeting of legislative

committee or public meeting -- Format.

(1) (a) An administrative body may amend a filed ordinary or emergency

administrative regulation at a legislative committee meetin g with the consent

of the legislative committee. A legislative committee may amend a filed

ordinary or emergency administrative regulation at a legislative committee

meeting with the consent of the administrative body.

(b) An administrative regulation shal l not be amended at a public meeting of a

legislative committee 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;

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 during the legislative committee meeting.

(c) Nothing in this chapter shall be construed to require the administrative

regulation's resubmission or refiling or other action. The administrative

regulation may be adopted as amended.

(d) Following approval of an amendment to an administrative regulation at a

legislative committee meeting, the administrativ e regulation as amended shall

be published in the Administrative Register, unless all amendments to the

administrative regulation that were made at the meeting of the legislative

committee:

1. Relate only to the formatting 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

legislative committee meet the exception 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

legislative committee meeting only to comply with the formatting and drafting

requirements of this chapter.

(2) If an administrative body intends to amend an administrative regulation at a

meeting of a legislative committee, the following requirements shall be met:

(a) An amendment offered by the administrative body prior to a legislative

committee meeting shall be approved by the head of the administrative body;

(b) The amendment shall be contained in a letter to the legislative committee. The

letter shall:

1. Identify the administrative body;

2. State the number and title of the administrative regulation;

3. Be dated; and

4. Be filed with the regulations compiler; and

(c) The amendment shall be made in one (1) of the following formats:

1. a. On separate lines, the amendment shall be identified by the

number of the:

i. Page;

ii. Section, subsection, paragraph, subparagraph, clause, or

subclause, as appropriate; and

iii. Line.

b. 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.

c. If new language is to be inserted, the amendment shall state tha t it

is to be inserted, and the new language shall be underlined.

d. 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.

e. 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; or

2. a. By substituting the complete text of the administrative regulation,

with the proposed changes made to the administrative regulation

typed in bold, italicized, and in the format prescribed by KRS

13A.222(2).

b. i. If the amendment is initiated by the administrative body, the

administrative body shall submit at the same time as, or prior

to, filing the paper version, an electronic version of the

amendment in a format approved by the regulations

compiler.

ii. If there are differences between the paper copy and the

electronic version of the amendment, the electronic version

shall be the controlling version.

(3) If the amendment is initiated by the administrative body, the amendment shall be:

(a) Filed at least three (3) working days prior to the meeting of the legislative

committee;

(b) Filed with an updated fiscal note as established by KRS 13A.250(4);

(c) Filed with a summary of the amendment and an explanation of its intent; and

(d) Emailed as soon as practicable 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.

(4) An amendment to an administrative regulation may be made orally at a legislative

committee meeting if the requirements of subsection (1)(a) of this section are met.

(5) Except for an amendment made orally pursuant to subsection (4) of this section:

(a) For a meeting of the Administrative Regulation Review Subcommittee, an

administrative body shall submit fifteen (15) 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 and, if applicable, in accordance wit h the

deadline established in subsection (3)(a) of this section; or

(b) For a meeting of a legislative committee other than the Administrative

Regulation Review Subcommittee, an administrative body shall contact the

regulations compiler prior to the legisl ative committee meeting at which the

amendment will be considered to find out the number of copies needed for

that specific legislative committee. The original amendment and the specified

number of copies shall be submitted to the regulations compiler prio r to the

legislative committee meeting at which the amendment will be considered

and, if applicable, in accordance with the deadline established in subsection

(3)(a) of this section.