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Administrative Procedures Act – Kentucky

In Kentucky, Administrative Regulations are found in Title III, Chapter 13A and 13B of Kentucky Revised Statutes.  As per KRS § 13A.020, a permanent subcommittee of the legislative research commission called administrative regulation review subcommittee is created. KRS § 13A.030 provides that the administrative regulation review subcommittee should:

  • conduct a continuous study as to whether additional legislation or changes in legislation are needed.
  • review and comment upon administrative regulations submitted to it by the legislative research commission.
  • make recommendations for changes in statutes, new statutes, repeal of statutes affecting administrative regulations.
  • conduct such other studies relating to administrative regulations assigned by the legislative research commission.

As per KRS § 13A.040, the director of the legislative research commission should appoint an administrative regulations compiler.  The administrative regulations compiler should receive administrative regulations and should maintain a file of administrative regulations for public inspection.

KRS § 13A.050 provides that the legislative research commission should compile, publish, and distribute the administrative regulations filed by administrative bodies.  The compilation of regulations known as Kentucky administrative regulations service constitutes the official state publication of administrative regulations.

According to KRS § 13A.160, when a statute requires that a hearing should be held prior to filing administrative regulation, an administrative body should notify the administrative regulations compiler of the time, date, place, and subject of the hearing.  The administrative regulations compiler should place the notice in the Administrative Register.

KRS § 13A.170 provides for three methods of promulgating administrative regulations, they are:

  • an ordinary administrative regulation,
  • an emergency administrative regulation, and
  • an administrative regulation in contemplation of a statute.

According to KRS § 13A.180, an ordinary administrative regulation is one that is promulgated in the normal manner by an administrative body which does not require to be placed in effect immediately.

As per KRS § 13A.190, an emergency administrative regulation is one that which must be placed into effect immediately or is temporary in nature.  An emergency administrative regulation remains in effect for 180 days after the date of filing.  An emergency regulation is promulgated to:

  • Meet an imminent threat to public health, safety, or welfare;
  • Prevent a loss of federal or state funds;
  • Meet a deadline for the promulgation of an administrative regulation that is established by state law, or federal law or regulation; or
  • Protect human health and the environment.

According to KRS § 13A.200, an administrative regulation in contemplation of a statute means, an administrative regulation that an administrative body promulgate and file following the enactment of a statute authorizing or directing its promulgation by the General Assembly and its approval by the Governor.

KRS § 13A.210 provides that when promulgating administrative regulations, administrative bodies should tier their administrative regulations to reduce disproportionate impacts on certain classes of regulated entities, including government or small business.

As per KRS § 13A.220, an administrative body should file the administrative regulations with the regulations compiler.  KRS § 13A.230 provides that along with the regulations, the administrative body should attach:

  • regulatory impact analysis,
  • tiering statement,
  • fiscal note, and
  • federal mandate comparison.

KRS § 13A.270 provides for an administrative hearing, open to public, on the administrative regulation.  The administrative body should also accept written comments regarding the administrative regulation after the administrative regulation is published in the Administrative Register.

KRS § 13A.280 requires that an administrative body should give consideration to all comments received at the public hearing and during the comment period, including any report filed by the Commission on Small Business Advocacy.

KRS § 13A.290 provides that after review by the administrative regulation review subcommittee, the commission should assign the administrative regulation for review to a subcommittee of appropriate jurisdiction over the subject matter of the administrative regulation or the House of Representatives and Senate standing committees of appropriate jurisdiction over the subject matter of the administrative regulation.

According to KRS § 13A.330, an administrative regulation that has not been found deficient by a legislative subcommittee is considered as adopted and becomes effective.  Similarly, as per KRS § 13A.331, an administrative regulation that has not been found deficient by both standing committees is considered as adopted and becomes effective.  Further, KRS § 13A.337 provides that the Legislative Research Commission may file an action in the Franklin Circuit Court for judicial review to determine if any administrative regulation is lawfully promulgated in accordance with the laws and Constitution of the Commonwealth of Kentucky.

KRS § 13B.080 contains the provisions regarding hearing.  A hearing officer should preside over the conduct of an administrative hearing and should regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing.  The hearing officer should give all parties full opportunity to file pleadings, motions, objections, and offers of settlement.  The hearing officer should also give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed recommended or final orders.  Further, the hearing officer may issue subpoenas and discovery orders when requested by a party or on his own volition.  To the extent necessary for the full disclosure of all relevant facts and issues, the hearing officer should afford all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence.  Any party to an administrative hearing may participate in person or be represented by counsel.

As per KRS § 13B.120, the final order in an administrative hearing should be in writing and stated in the record.  If the final order differs from the recommended order, it should include separate statements of findings of fact and conclusions of law.  The final order should also include the effective date of the order and a statement advising parties of available appeal rights.

KRS § 13B.140 provides that all final orders of an agency is subject to judicial review.  A party should institute an appeal by filing a petition in the Circuit Court of venue provided in the agency’s enabling statutes, within thirty days after the final order of the agency is delivered.  If venue for appeal is not stated in the enabling statutes, a party may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides or operates a place of business.  According to KRS § 13B.160, any aggrieved party may appeal any final judgment of the Circuit Court to the Court of Appeals in accordance with the Kentucky Rules of Civil Procedure.

Inside Administrative Procedures Act – Kentucky