{"data":{"id":"us-ky/krs-13a.280","jurisdiction":"us-ky","citation":"KRS 13A.280","heading":"Statement of consideration -- Amendment -- Format -- Information","body":"required -- Publication.\n(1) Following the last day of the comment period, the administrative body shall give\nconsideration to all comments received at the public hearing and all written\ncomments received during the comment period, including:\n(a) Any report filed by the Commission on Small Business Innovation and\nAdvocacy in accordance with KRS 11.202(1)(e) and 13A.270(4), or by a local\ngovernment in accordance with KRS 11.202(1)(e) and 13A.270(5); and\n(b) Any comments regarding the administrative regulation's major economic\nimpact as submitted by agencies, local governments, or regulated entities.\n(2) (a) Except as provided in paragraph (b) of this subsection, the administr ative\nbody shall file with the Commission on or before 12 noon, eastern time, on\nthe fifteenth day of the calendar month following the end of the public\ncomment period the statement of consideration relating to the administrative\nregulation and, if applicable, the amended after comments version.\n(b) If the administrative body has received a significant number of public\ncomments:\n1. It may extend the time for filing the statement of consideration for an\nordinary administrative regulation and, if applicable, the amended after\ncomments version by notifying the regulations compiler in writing on or\nbefore 12 noon, eastern time, on the fifteenth day of the calendar month\nfollowing the end of the public comment period; and\n2. The administrative body shall file the  statement of consideration for an\nordinary administrative regulation and, if applicable, the amended after\ncomments version, with the Commission on or before 12 noon, eastern\ntime, no later than the fifteenth day of the second calendar month\nfollowing the end of the public comment period.\n(3) (a) If the administrative regulation is amended as a result of the hearing or written\ncomments received, the administrative body shall file the items specified in\nthis paragraph with the regulations compiler by 12 noon, eastern time, on the\napplicable deadline specified in subsection (2) of this section:\n1. The original and four (4) copies of the administrative regulation\nindicating any amendments resulting from comments received at the\npublic hearing and during the comment period. The amendments shall\nbe indicated in:\na. The original wording for an ordinary administrative regulation;\nb. The original wording for an emergency administrative regulation;\nor\nc. The wording of an emergency administrative regulation as\namended, for an emergency administrative regulati on that was\namended at a legislative committee meeting pursuant to KRS\n13A.190(3);\n2. The original and four (4) copies of the statement of consideration as\nrequired by subsection (2) of this section, attached to the back of the\noriginal and each copy of the administrative regulation; and\n3. The regulatory impact analysis, tiering statement, federal mandate\ncomparison if applicable, and fiscal note. These documents shall reflect\nchanges resulting from amendments made after the public hearing.\n(b) 1. Each ori ginal amended after comments version, the statement of\nconsideration, and the attachments required by paragraph (a)3. of this\nsubsection shall be single-sided and 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.\n(c) At the same time as, or prior to, filing the paper version, the administrative\nbody shall file an electronic version of the amended after comments version,\nthe statement of consideration, and the required attachments saved as a single\ndocument for each amended after comments administrative regulation in an\nelectronic format approved by the regulations compiler.\n(d) Within five (5) working days after filing an  amended after comments version,\nan administrative body shall:\n1. Prominently display on its website:\na. A notice that an amended after comments version has been filed\nwith the Commission;\nb. A summary of the amended after comments version, including:\ni. The number of the administrative regulation;\nii. The title of the administrative regulation; and\niii. A brief explanation of the changes made; and\nc. Information on how to access the amended after comments version\non the Commission's website; and\n2. Email the amended after comments version and statement of\nconsideration as filed, and all attachments required by paragraph (a)3. of\nthis subsection, to every person who has registered pursuant to KRS\n13A.270(3)(a)2. and provided an email address as part of the registration\nrequest.\n(e) Material incorporated by reference that is amended after comments shall be\nfiled, and if applicable, displayed in the manner required by KRS 13A.2255.\n(4) (a) 1. If the administrative regulation is not amended as a result of the  public\nhearing, or written comments received, the administrative body shall file\nthe original and four (4) copies of the statement of consideration with\nthe regulations compiler by 12 noon, eastern time, on the deadline\nestablished in subsection (2) of this section.\n2. Each original statement of consideration shall be single -sided and\nstapled in the top left corner.\n3. One (1) of the copies shall be single-sided and unstapled.\n4. The other three (3) copies shall be stapled in the top left corner and may\nbe double-sided.\n(b) If the statement of consideration covers multiple administrative regulations\nthat were not amended as a result of the public hearing or written comments\nreceived, the administrative body shall file with the regulations compiler:\n1. The original and four (4) copies of the statement of consideration as\nrequired by paragraph (a) of this subsection; and\n2. Two (2) additional unstapled, single -sided copies of the stat ement of\nconsideration for each additional administrative regulation included in\nthe group of administrative regulations.\n(c) At the same time as, or prior to, filing the paper version, the administrative\nbody shall file an electronic version of the statement of consideration saved as\na single document for each statement of consideration in an electronic format\napproved by the regulations compiler.\n(5) (a) If comments are received either at the public hearing or during the public\ncomment period, the adminis trative regulation shall be deferred to the next\nregularly scheduled meeting of the subcommittee following the month in\nwhich the statement of consideration is due.\n(b) A filed administrative regulation that is deferred under this subsection due to\nreceipt of public comments may still be placed on the subcommittee's agenda\nfor informational review pursuant to KRS 13A.030(3) or (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(6) The format for the statement of consideration shall be as follows:\n(a) The statement shall be typewritten on white paper, size eight and one -half (8-\n1/2) by eleven (11) inches. Copies of the statement may be mechanically\nreproduced;\n(b) The first page of the statement of consideration shall have a two (2) inch top\nmargin;\n(c) The heading of the statement shall consist of the words \"STATEMENT OF\nCONSIDERATION RELATING TO\" followed by the number of the\nadministrative regulation that was the subject of the public hearing and\ncomment period and the name of the promulgating administrative body. The\nheading shall be centered. This shall be followed by the words \" Not Amended\nAfter Comments,\" \"Emergency Not Amended After Comments,\" \"Amended\nAfter Comments,\" or \"Emergency Amended After Comments,\" whichever is\napplicable;\n(d) If a hearing has been held or written comments received, the heading is to be\nfollowed by:\n1. A statement setting out the date, time and place of the hearing, if the\nhearing was held;\n2. A list of those persons who attended the hearing or who submitted\ncomments and the organization, agency, or other entity represented, if\napplicable; and\n3. The na me and title of the representative of the promulgating\nadministrative body;\n(e) 1. Following the general information, the promulgating administrative\nbody shall summarize the comments received at the public hearing and\nduring the comment period and the res ponse of the promulgating\nadministrative body. Each subject commented upon shall be\nsummarized in a separate numbered paragraph. Each numbered\nparagraph shall contain two (2) subsections:\na. Subsection (a) shall be labeled \"Comment,\" shall identify the name\nof the person, and the organization represented if applicable, who\nmade the comment, and shall contain a summary of the comment;\nand\nb. Subsection (b) shall be labeled \"Response\" and shall contain the\nresponse to the comment by the promulgating administrative body.\n2. If administrative regulations were considered as a group and a comment\nrelates to one (1) or more of the administrative regulations, the summary\nof the comment and response shall specify each administrative\nregulation to which it applies;\n(f) 1. Following the summary of the comments and responses, the\npromulgating administrative body shall summarize the statement of\nconsideration and the action taken by the administrative body as a result\nof comments received at the public hearing and during the comment\nperiod.\n2. If administrative regulations were considered as a group, a separate\nsummary and action taken shall be provided for each administrative\nregulation; and\n(g) Emergency administrative regulations shall be in a separate statement of\nconsideration from ordinary administrative regulations.\n(7) If the administrative regulation is amended pursuant to subsection (3) of this\nsection, the full text of the administrative regulation shall be published in the\nAdministrative Register. The changes made to the administrative regulation shall be\ntyped in bold and made in the format prescribed by KRS 13A.222(2). The\nadministrative regulation shall be reviewed by the Administrative Regulation\nReview Subcommittee after such publication.\n(8) If requested, copies of the statement of consideration and, if applicable, the\namended after comments version of the administrative regulation shall be made\navailable by the promulgating administrative body to persons attending the hearing\nor submitting comments or who specifically request a c opy from the administrative\nbody.","path":["KRS Chapter 13A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56296","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:30Z","sha256":"5bbb0943316a650258a61601b76ce7ceb11c5a8c1056032d3d7bae0863039f63","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13a.270","next":"us-ky/krs-13a.290"},"notice":"GroundRules: Original legal text. Not legal advice."}