{"data":{"id":"us-ky/krs-13a.270","jurisdiction":"us-ky","citation":"KRS 13A.270","heading":"Public hearing and comments -- Notice -- Communication by email","body":"regarding administrative regulations -- When notification of regulations\ncompiler required -- Effect of failure to timely notify regulations compiler.\n(1) (a) In addition t o the public comment period required by paragraph (c) of this\nsubsection, following publication in the Administrative Register of the text of\nan administrative regulation, the administrative body shall, unless authorized\nto cancel the hearing pursuant to subsection (7) of this section, hold a hearing,\nopen to the public, on the administrative regulation.\n(b) The public hearing for an:\n1. Ordinary administrative regulation shall not be held before the twenty -\nfirst day or after the last workday of the month f ollowing the month in\nwhich the administrative regulation is published in the Administrative\nRegister; or\n2. Emergency administrative regulation shall not be held before the\ntwenty-first day or after the last workday of the month in which the\nadministrative regulation is published in the Administrative Register.\nNothing in this paragraph shall preclude the administrative body from holding\nadditional public hearings in addition to the hearing mandated in\nsubparagraph 1. or 2. of this paragraph.\n(c) The admi nistrative body shall accept written comments regarding the\nadministrative regulation during the comment period. The comment period\nshall begin on the date the administrative regulation is filed with the\nregulations compiler and:\n1. For an ordinary adminis trative regulation, shall run until 11:59 p.m. on\nthe last day of the calendar month following the month in which the\nadministrative regulation was published in the Administrative Register;\nor\n2. For an emergency administrative regulation, shall run until 11:59 p.m.\non the last day of the calendar month in which the administrative\nregulation is published in the Administrative Register.\n(2) Each administrative regulation shall state:\n(a) The place, time, and date of the scheduled public hearing;\n(b) The manner in which interested persons shall submit their:\n1. Notification of attending the public hearing; and\n2. Written comments;\n(c) That notification of attending the public hearing shall b e transmitted to the\nadministrative body no later than five (5) workdays prior to the date of the\nscheduled public hearing;\n(d) The deadline for submitting written comments regarding the administrative\nregulation in accordance with subsection (1)(c) of this section; and\n(e) The name, position, mailing address, email address, and telephone and\nfacsimile numbers of the person to whom a notification and written comments\nshall be transmitted.\n(3) (a) A person who wishes to be notified that an administrative bod y has filed an\nadministrative regulation shall:\n1. Contact the administrative body by telephone or written letter to request\nthat the administrative body send the information required by paragraph\n(d) or (e) of this subsection to the person; or\n2. Complete an electronic registration form located on a centralized state\ngovernment website developed and maintained by the Commonwealth\nOffice of Technology pursuant to subsection (13) of this section.\n(b) A registration submitted pursuant to paragraph (a) of this subsection shall:\n1. Indicate whether the person wishes to receive notification regarding:\na. All administrative regulations promulgated by an administrative\nbody; or\nb. Each administrative regulation that relates to a specified subject\narea. The subject areas shall be provided by the administrative\nbodies and shall be listed on the centralized state government\nwebsite in alphabetical order;\n2. Include a request for the person to provide an email address in order to\nreceive regulatory information electronically;\n3. Be valid for a period of four (4) years from the date the registration is\nsubmitted, or until the person submits a written request to be removed\nfrom the notification list, whichever occurs first; and\n4. Be transmitted to the promulgating adminis trative body, if the\nregistration was made through the centralized state government website.\nThe collected email addresses shall be used solely for the purposes of\nthis subsection and shall not be sold, transferred, or otherwise made\navailable to third par ties, other than the promulgating administrative\nbody.\n(c) An administrative body that promulgates administrative regulations shall:\n1. Request that the Commonwealth Office of Technology add it to the\ncentralized state government website if the administrat ive body is not\nalready included;\n2. Maintain a list of registrations transmitted to the body pursuant to\nparagraph (b)4. of this subsection;\n3. Establish a method to transfer the registrations if there are personnel\nchanges or other disruptions; and\n4. Communicate updates to subject areas and contact persons to the\nCommonwealth Office of Technology as needed.\n(d) A copy of the administrative regulation as filed, and all attachments required\nby KRS 13A.230(1), shall be emailed by the administrative body:\n1. To every person who has:\na. Registered pursuant to paragraph (a) of this subsection; and\nb. Provided an email address as part of the registration request;\n2. Within five (5) working days after the date the administrative regulation\nis filed with the Commission; and\n3. With a request from the administrative body that affected individuals,\nbusinesses, or other entities submit written comments that identify the\nanticipated effects of the proposed administrative regulation.\n(e) Within five (5) working days after the date the administrative regulation is\nfiled with the Commission, the administrative body shall mail the following\ninformation to every person who has re gistered pursuant to paragraph (a) of\nthis subsection but did not provide an email address:\n1. A cover letter from the administrative body requesting that affected\nindividuals, businesses, or other entities submit written comments that\nidentify the anticipated effects of the proposed administrative regulation;\n2. A copy of the regulatory impact analysis required by KRS 13A.240\ncompleted in detail sufficient to put the individual on notice as to the\nspecific contents of the administrative regulation, includi ng all proposed\namendments to the administrative regulation; and\n3. A statement that a copy of the administrative regulation may be obtained\nfrom the Commission's website, which can be accessed online through\npublic libraries or any computer with internet access. The Commission's\nwebsite address shall be included in the statement.\n(4) (a) If small business may be impacted by an administrative regulation, the\nadministrative body shall email a copy of the administrative regulation as\nfiled, and all attachments required by KRS 13A.230(1), to the chief executive\nofficer of the Commission on Small Business Innovation and Advocacy\nwithin five (5) working days after the date the administrative regulation is\nfiled with the Commission.\n(b) The email shall include a r equest from the administrative body that the\nCommission on Small Business Innovation and Advocacy review the\nadministrative regulation in accordance with KRS 11.202(1)(e) and submit its\nreport or comments in accordance with the deadline established in subs ection\n(1)(c) of this section. A copy of the report shall be filed with the regulations\ncompiler.\n(c) An administrative body shall not be required to send a copy of an\nadministrative regulation that was amended after comments in accordance\nwith KRS 13A.280  to the Commission on Small Business Innovation and\nAdvocacy, unless its chief executive officer requested a copy pursuant to KRS\n13A.280(8).\n(5) (a) If a local government may be impacted by an administrative regulation, the\nadministrative body shall send, by email if the local government has an email\naddress, a copy of the administrative regulation as filed and all attachments\nrequired by KRS 13A.230(1) to each impacted local government in the state\nwithin five (5) working days after the date the administr ative regulation is\nfiled with the Commission. If the local government does not have an email\naddress, the material shall not be sent.\n(b) The email shall include a request from the administrative body that the local\ngovernment review the administrative regulation in the same manner as would\nthe Commission on Small Business Innovation and Advocacy under KRS\n11.202(1)(e), and submit its report or comments in accordance with the\ndeadline established in subsection (1)(c) of this section. A copy of the report\nor comments shall be filed with the regulations compiler.\n(c) An administrative body shall not be required to send a copy of an\nadministrative regulation that was amended after comments in accordance\nwith KRS 13A.280 to a local government, unless its contac t person requested\na copy pursuant to KRS 13A.280(8).\n(6) Persons desiring to be heard at the hearing shall notify the administrative body in\nwriting as to their desire to appear and testify at the hearing not less than five (5)\nworkdays before the scheduled date of the hearing.\n(7) The administrative body shall immediately notify the regulations compiler by letter\nif:\n(a) No written notice of intent to attend the public hearing is received by the\nadministrative body at least five (5) workdays before the sc heduled hearing,\nand it chooses to cancel the public hearing; and\n(b) No written comments have been received by the close of the last day of the\npublic comment period.\n(8) (a) 1. Upon receipt from interested persons of their intent to attend a public\nhearing, the administrative body shall notify the regulations compiler by\nletter that the public hearing shall be held.\n2. If the public hearing is held but no comments are received during the\nhearing, the administrative body shall notify the regulations compil er by\nletter that the public hearing was held and that no comments were\nreceived.\n(b) Upon receipt of written comments, the administrative body shall notify the\nregulations compiler by letter that written comments have been received.\n(9) (a) If the notific ations required by subsections (7) and (8) of this section are not\nreceived by the regulations compiler by close of business on the second\nworkday of the calendar month following the end of the public comment\nperiod, the administrative regulation shall be deferred to the next regularly\nscheduled meeting of the subcommittee.\n(b) A filed administrative regulation that is deferred under this subsection due to\nfailure to timely notify the regulations compiler may still be placed on the\nsubcommittee's agenda for informational review pursuant to KRS 13A.030(3)\nor (4).\n(c) If a filed administrative regulation is placed on the agenda pursuant to\nparagraph (b) of this subsection, the full review of the filed administrative\nregulation shall still be deferred in accordance with this subsection.\n(10) The notifications required by  subsections (7) and (8) of this section shall be made\nby letter. The letter may be sent by email if the administrative body uses an\nelectronic signature and letterhead for the emailed document.\n(11) Every hearing shall be conducted in such a manner as to guarantee each person who\nwishes to offer comment a fair and reasonable opportunity to do so, whether or not\nsuch person has given the notice contemplated by subsection (6) of this section. No\ntranscript need be taken of the hearing, unless a written reque st for a transcript is\nmade, in which case the person requesting the transcript shall have the\nresponsibility of paying for same. A recording may be made in lieu of a transcript\nunder the same terms and conditions as a transcript. This section shall not pr eclude\nan administrative body from making a transcript or making a recording if it so\ndesires.\n(12) Nothing in this section shall be construed as requiring a separate hearing on each\nadministrative regulation. Administrative regulations may be grouped at t he\nconvenience of the administrative body for purposes of hearings required by this\nsection.\n(13) The centralized state government website that provides for the notification of the\nfiling of administrative regulations and amendments to existing administrat ive\nregulations shall provide:\n(a) The electronic registration notification form required by subsection (3)(a) of\nthis section;\n(b) Up-to-date contact information and subject areas for promulgating\nadministrative bodies; and\n(c) A form or contact information for an administrative body to:\n1. Request to be added to the website if not already included; and\n2. Add or change its subject areas and contact persons published on the\nwebsite.","path":["KRS Chapter 13A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56295","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:30Z","sha256":"edb0560ecdceb93744cc5eef72d37a4fb730105a9e613355461f952218038bb3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13a.260","next":"us-ky/krs-13a.280"},"notice":"GroundRules: Original legal text. Not legal advice."}