{"data":{"id":"us-ky/krs-13a.190","jurisdiction":"us-ky","citation":"KRS 13A.190","heading":"Emergency administrative regulations.","body":"(1) An emergency administrative regulation is an administrative regulation that:\n(a) An administrative body can clearly demonstrate, through documentary\nevidence submitted with the filing of the emergency administrative regulation,\nmust be placed into effect immediately in order to:\n1. Meet an imminent threat to public health, safety, welfare, or the\nenvironment;\n2. Prevent an imminent loss of federal or state funds;\n3. Meet an imminent deadline for the promulgation of an administrative\nregulation that is established by state statute or federal law; or\n4. Comply with an executive order issued under KRS Chapter 39A; and\n(b) 1. Is temporary in nature and will expire as provided in this section; or\n2. Is temporary in nature and will be replaced by an ordinary\nadministrative regulation as provided in this section.\nFor the purposes of this section, \"imminent\" means within two hundred seventy\n(270) days of the filing of the emergency administrative regulation.\n(2) An agency's finding of an emergency pursuant to this section shall not be based on\nthe agency's failure to timely process and file administrative regulations through the\nordinary administrative regulation process.\n(3) An emergency administrative regulation:\n(a) Shall become effective and shall be considered as adopted upon filing;\n(b) Shall be published in th e Administrative Register in accordance with the\npublication deadline established in KRS 13A.050(3);\n(c) Shall be subject to the public comment provisions established in KRS\n13A.270 and 13A.280;\n(d) 1. May be reviewed at a subsequent meeting of a legislati ve committee\nafter the filing of the emergency administrative regulation; and\n2. May, by a vote of the majority of the legislative committee's\nmembership as established by KRS 13A.020(4) and 13A.290(9), be\nfound to be deficient, and the deficiency shall be  reported to the\nGovernor pursuant to KRS 13A.330(2); and\n(e) May be amended:\n1. By the promulgating administrative body after receiving public\ncomments as established in KRS 13A.280. The amended after\ncomments version shall:\na. Become effective upon filing; and\nb. Not require a statement of emergency; or\n2. At a legislative committee meeting as established in KRS 13A.320. The\namendment shall be approved as established by KRS 13A.020(4) or\nKRS 13A.290(9). The amended version shall become effective upon\nadjournment of the meeting following the procedures established in\nKRS 13A.020(4) or 13A.331(1) and (2).\n(4) (a) Except as provided by paragraph (b) of this subsection, emergency\nadministrative regulations shall expire two hundred seventy (270) days after\nthe date of filing or when the same matter filed as an ordinary administrative\nregulation filed for review is adopted, whichever occurs first.\n(b) If an administrative body extends the time for filing a statement of\nconsideration for an ordinary administrative  regulation as provided by KRS\n13A.280(2)(b), an emergency administrative regulation shall remain in effect\nfor two hundred seventy (270) days after the date of filing plus the number of\ndays extended under the provisions of KRS 13A.280(2)(b) or when the s ame\nmatter filed as an ordinary administrative regulation filed for review is\nadopted, whichever occurs first.\n(c) Filing an emergency amended after comments administrative regulation shall\nnot affect the expiration of an emergency regulation as establishe d in\nparagraphs (a) and (b) of this subsection.\n(5) Except as established in subsection (6) of this section, an emergency administrative\nregulation with the same number or title or governing the same subject matter shall\nnot be filed for a period of two hundred seventy (270) days after it has been initially\nfiled.\n(6) If an emergency administrative regulation with the same number or title or\ngoverning the same subject matter as an emergency administrative regulation filed\nwithin the previous two hundred sev enty (270) days is filed, it shall contain a\ndetailed explanation of the manner in which it differs from the previously filed\nemergency administrative regulation. The detailed explanation shall be included in\nthe statement of emergency required by subsection (7) of this section.\n(7) Each emergency administrative regulation shall contain a statement of:\n(a) The nature of the emergency;\n(b) The reasons why an ordinary administrative regulation is not sufficient;\n(c) Whether or not the emergency administrative  regulation will be replaced by\nan ordinary administrative regulation;\n(d) If the emergency administrative regulation will be replaced by an ordinary\nadministrative regulation, the following statement: \"The ordinary\nadministrative regulation (is or is not)  identical to this emergency\nadministrative regulation.\";\n(e) If the emergency administrative regulation will not be replaced by an ordinary\nadministrative regulation, the reasons therefor; and\n(f) If applicable, the explanation required by subsection (6) of this section.\n(8) (a) An administrative body shall attach the:\n1. Statement of emergency required by subsection (7) of this section to the\nfront of the original and each copy of a proposed emergency\nadministrative regulation;\n2. Public hearing and public comment period information required by KRS\n13A.270(2), regulatory impact analysis, tiering statement, federal\nmandate comparison, fiscal note, summary of material incorporated by\nreference if applicable, and other form s or documents required by the\nprovisions of this chapter to the back of the emergency administrative\nregulation; and\n3. Documentary evidence submitted justifying the finding of an emergency\nin accordance with subsection (1) of this section to the back of the\nemergency regulation if it is:\na. No more than ten (10) pages in length; and\nb. Typewritten on white paper, size eight and one -half (8 -1/2) by\neleven (11) inches, and single-sided.\nLarger volumes of documentary evidence shall be filed in a separate\nbinder, on a CD -ROM or DVD disc, or in a different electronic format\napproved by the regulations compiler.\n(b) An administrative body shall file with the regulations compiler:\n1. The original and four (4) copies of the emergency administrative\nregulation; and\n2. At the same time as, or prior to, filing the paper version, an electronic\nversion of the emergency administrative regulation and the attachments\nrequired by paragraph (a) of this subsection saved as a single document\nfor each emergency administrative regulation in an electronic format\napproved by the regulations compiler.\n(c) 1. Each original emergency administrative regulation shall be single -sided\nand stapled in the top left corner.\n2. One (1) of the copies shall be single-sided and unstapled.\n3. The other three (3) copies shall be stapled in the top left corner and may\nbe double-sided.\n4. The original and the four (4) copies of each emergency administrative\nregulation shall be grouped together.\n(9) The statement of emergency shall have a two (2) inch  top margin. The number of\nthe emergency administrative regulation shall be typed directly below the heading\n\"Statement of Emergency.\" The number of the emergency administrative regulation\nshall be the same number as the ordinary administrative regulation followed by an\n\"E.\"\n(10) Each executive department emergency administrative regulation shall be signed by\nthe head of the administrative body and countersigned by the Governor prior to\nfiling with the Commission. These signatures shall be on the statement of\nemergency attached to the front of the emergency administrative regulation.\n(11) If an emergency administrative regulation will be replaced by an ordinary\nadministrative regulation, the ordinary administrative regulation shall be filed at the\nsame time as the emergency administrative regulation that it will replace.\n(12) If an ordinary administrative regulation that was filed to replace an emergency\nadministrative regulation:\n(a) Is withdrawn:\n1. The emergency administrative regulation shall expire on th e date the\nordinary administrative regulation is withdrawn; and\n2. The administrative body shall inform the regulations compiler of the\nreasons for withdrawal in writing; or\n(b) Expires, the emergency administrative regulation shall expire on the date the\nordinary administrative regulation expires pursuant to KRS 13A.315(1).\n(13) (a) If an emergency administrative regulation that was intended to be replaced by\nan ordinary administrative regulation is withdrawn, the emergency\nadministrative regulation shall expire on the date it is withdrawn.\n(b) If an emergency administrative regulation has been withdrawn, the ordinary\nadministrative regulation that was filed with it shall not expire unless the\nadministrative body informs the regulations compiler that the ordinary\nadministrative regulation is also withdrawn.\n(c) If an emergency administrative regulation is withdrawn, the administrative\nbody shall inform the regulations compiler of the reasons for withdrawal in\nwriting.\n(14) The administrative regulations compiler shall notify all legislative commit tees of\nthe number, title, and subject matter of all emergency administrative regulations\nand shall forward any additional information filed about the emergency\nadministrative regulation requested by a legislative committee.","path":["KRS Chapter 13A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56288","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:30Z","sha256":"6c24444f19f792d21aedf0b22f7d38d312ace4ac3738de066f6fde433391d6b4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13a.180","next":"us-ky/krs-13a.200"},"notice":"GroundRules: Original legal text. Not legal advice."}