KRS 198B.030: Department of Housing, Buildings and Construction -- Comments from

advisory committee to be received before promulgating administrative

regulations.

(1) There is hereby created the Kentucky Department of Housing, Buildings and

Construction withi n the Public Protection Cabinet. The Governor shall appoint a

commissioner, subject to Senate confirmation in accordance with KRS 11.160, to

head the department. The commissioner shall receive for his or her services such

compensation as the Governor shall determine.

(2) The commissioner may employ sufficient staff to carry out the functions of the

commissioner's office. Neither the commissioner nor any member of his or her staff

shall be employed, either directly or indirectly, in any aspect of the buildin g

industry as regulated by this chapter while employed by the Department of

Housing, Buildings and Construction.

(3) The department shall perform all budgeting, procurement, and other administrative

activities necessary for the statewide regulation and enf orcement of building,

construction, and inspection standards and codes. The department or commissioner

shall submit any proposed administrative regulation to the committee and shall not

promulgate the administrative regulation without giving the committee the

opportunity to produce written comments, as required by subsection (8) of this

section. If the committee chooses to produce written comments, the comments shall

be attached to any public submission of the administrative regulation, including any

filing under KRS Chapter 13A.

(4) The department may enter into contracts or agreements with the federal

government, its subdivisions and instrumentalities, other agencies of state

government or with its subdivisions and instrumentalities, or with private profit or

nonprofit organizations in order to effect the purposes of this chapter.

(5) The commissioner shall cooperate with the agencies of the United States and with

the governing bodies and housing authorities of counties, cities, and with not for

profit organizations and area development districts in relation to matters set forth in

this chapter, and in any reasonable manner that may be necessary for the state to

qualify for, and to receive grants or aid from these agencies. The commissioner

shall have the power to comply with each condition and execute any agreement that

may be necessary, convenient, or desirable.

(6) Nothing in this chapter shall preclude any other agency, board, or officer of the

state from being designated as the directing or allocating ag ency, board, or officer

for the distribution of federal grants and aid, or the performance of other duties to

the extent necessary to qualify for and to receive grants and aid for programs under

the administration of the department.

(7) The commissioner is authorized to receive, for and on behalf of the state and the

department from the United States and agencies thereof, and from any and all other

sources, grants and aid and gifts made for the purpose of providing, or to assist in

providing, any of the pro grams authorized by this chapter, including expenses of

administration. All funds received under this subsection shall be paid into the state

treasury and credited to a trust and agency fund to be used by the department in

carrying out the provisions of th is chapter. No part of this fund shall revert to the

general fund of the Commonwealth.

(8) (a) If the department has proposed a new or amended administrative regulation

that directly and clearly relates to the work of a profession, class of workers,

or industry that is under the authority of the committee, the department shall

not promulgate the proposed administrative regulation without first receiving

comments from the committee, subject to the restrictions of paragraph (b) of

this subsection.

(b) 1. The committee shall be granted a maximum of thirty (30) days to submit

its comments on the proposed regulatory change. This subparagraph

does not apply to an administrative regulation that is a new emergency

administrative regulation.

2. The time limits in this paragraph shall begin from the day the

department submits the regulatory change and sets a date for a proposed

hearing for the comments of the committee. If the committee is already

scheduled to meet at a time that will give it an a dequate opportunity to

review the administrative regulation and respond, the hearing may be

held at that meeting.

3. If the committee is not scheduled to meet or meets only at the call of the

department, the department shall arrange for the committee to me et at a

time that will allow the committee an adequate opportunity to review

and comment on the regulation within the time limit. If the committee

fails to comment within the time limit, the department may proceed with

the administrative changes at its discretion.

(c) To the extent that any other statute relating to the department's authority to

promulgate administrative regulations conflicts with this section, this section

shall take precedence.

(d) The department may issue advisory opinions and declaratory rulings related to

KRS Chapters 198B, 227, 227A, 236, and 318 and the administrative

regulations promulgated under those chapters.