{"data":{"id":"us-ky/krs-198b.030","jurisdiction":"us-ky","citation":"KRS 198B.030","heading":"Department of Housing, Buildings and Construction -- Comments from","body":"advisory committee to be received before promulgating administrative\nregulations.\n(1) There is hereby created the Kentucky Department of Housing, Buildings and\nConstruction withi n the Public Protection Cabinet. The Governor shall appoint a\ncommissioner, subject to Senate confirmation in accordance with KRS 11.160, to\nhead the department. The commissioner shall receive for his or her services such\ncompensation as the Governor shall determine.\n(2) The commissioner may employ sufficient staff to carry out the functions of the\ncommissioner's office. Neither the commissioner nor any member of his or her staff\nshall be employed, either directly or indirectly, in any aspect of the buildin g\nindustry as regulated by this chapter while employed by the Department of\nHousing, Buildings and Construction.\n(3) The department shall perform all budgeting, procurement, and other administrative\nactivities necessary for the statewide regulation and enf orcement of building,\nconstruction, and inspection standards and codes. The department or commissioner\nshall submit any proposed administrative regulation to the committee and shall not\npromulgate the administrative regulation without giving the committee the\nopportunity to produce written comments, as required by subsection (8) of this\nsection. If the committee chooses to produce written comments, the comments shall\nbe attached to any public submission of the administrative regulation, including any\nfiling under KRS Chapter 13A.\n(4) The department may enter into contracts or agreements with the federal\ngovernment, its subdivisions and instrumentalities, other agencies of state\ngovernment or with its subdivisions and instrumentalities, or with private profit  or\nnonprofit organizations in order to effect the purposes of this chapter.\n(5) The commissioner shall cooperate with the agencies of the United States and with\nthe governing bodies and housing authorities of counties, cities, and with not for\nprofit organizations and area development districts in relation to matters set forth in\nthis chapter, and in any reasonable manner that may be necessary for the state to\nqualify for, and to receive grants or aid from these agencies. The commissioner\nshall have the power to comply with each condition and execute any agreement that\nmay be necessary, convenient, or desirable.\n(6) Nothing in this chapter shall preclude any other agency, board, or officer of the\nstate from being designated as the directing or allocating ag ency, board, or officer\nfor the distribution of federal grants and aid, or the performance of other duties to\nthe extent necessary to qualify for and to receive grants and aid for programs under\nthe administration of the department.\n(7) The commissioner is  authorized to receive, for and on behalf of the state and the\ndepartment from the United States and agencies thereof, and from any and all other\nsources, grants and aid and gifts made for the purpose of providing, or to assist in\nproviding, any of the pro grams authorized by this chapter, including expenses of\nadministration. All funds received under this subsection shall be paid into the state\ntreasury and credited to a trust and agency fund to be used by the department in\ncarrying out the provisions of th is chapter. No part of this fund shall revert to the\ngeneral fund of the Commonwealth.\n(8) (a) If the department has proposed a new or amended administrative regulation\nthat directly and clearly relates to the work of a profession, class of workers,\nor industry that is under the authority of the committee, the department shall\nnot promulgate the proposed administrative regulation without first receiving\ncomments from the committee, subject to the restrictions of paragraph (b) of\nthis subsection.\n(b) 1. The committee shall be granted a maximum of thirty (30) days to submit\nits comments on the proposed regulatory change. This subparagraph\ndoes not apply to an administrative regulation that is a new emergency\nadministrative regulation.\n2. The time limits in this paragraph shall begin from the day the\ndepartment submits the regulatory change and sets a date for a proposed\nhearing for the comments of the committee. If the committee is already\nscheduled to meet at a time that will give it an a dequate opportunity to\nreview the administrative regulation and respond, the hearing may be\nheld at that meeting.\n3. If the committee is not scheduled to meet or meets only at the call of the\ndepartment, the department shall arrange for the committee to me et at a\ntime that will allow the committee an adequate opportunity to review\nand comment on the regulation within the time limit. If the committee\nfails to comment within the time limit, the department may proceed with\nthe administrative changes at its discretion.\n(c) To the extent that any other statute relating to the department's authority to\npromulgate administrative regulations conflicts with this section, this section\nshall take precedence.\n(d) The department may issue advisory opinions and declaratory rulings related to\nKRS Chapters 198B, 227, 227A, 236, and 318 and the administrative\nregulations promulgated under those chapters.","path":["KRS Chapter 198B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57109","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:51Z","sha256":"d961231692aed0fe725f82d2dbd71b284871351265de260921ea7bd2f20a1f48","source_id":"us-ky","stale":false,"prev":"us-ky/krs-198b.020","next":"us-ky/krs-198b.032"},"notice":"GroundRules: Original legal text. Not legal advice."}