Through KRS Chapter 13A, state agencies propose and issue administrative regulations. There are two types of administrative regulations: ordinary and emergency. Emergency regulations are effective immediately upon filing with the Legislative Research Commission ("LRC") and remain in effect for 270 days. Ordinary regulations are effective following the standard public comment and legislative review process and remain in effect until amended or repealed by the promulgating state agency.
General Overview of Ordinary Administrative Regulation Process Cycle:
- Proposed regulation is filed by the agency.
- Proposed regulation is printed in the
Administrative Register of Kentucky, usually on the 1st day of the month.
- Agency hearing and public comment period (dates provided in regulation filing) begins.
- The hearing may be cancelled if no written request to attend is received.
- If written comments are received, the state agency will consider the written comments and may amend the regulation in light of the comment(s).
- If the hearing was held or written comments were received, the agency shall file a Statement of Consideration discussing the comments received with the Regulations Compiler.
- Proposed regulation is reviewed by committee(s) of the Kentucky General Assembly.
- Proposed regulation goes into effect
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How you can participate in the regulatory-making process
The public is invited to provide feedback on proposed administrative regulations by submitting written comments to the promulgating agency and/or attending the public hearing. The promulgating agency reviews all comments received and may amend the proposed regulations as a result of comments.
Information about the public hearing and comment period is included in the administrative regulation when it is filed with the LRC. Specifically, this information will include:
- The place, time, and date of the public hearing
- The manner in which a person may submit written comments or a notification to attend the hearing
- A statement specifying that unless a notification to attend the hearing is received no later than five (5) workdays prior to the hearing date, the hearing may be cancelled
- The deadline for submitting written comments
- The name, position, and contact information of the person to whom notifications and written comments shall be sent
You can also sign up for
RegWatch, which is a free service that allows you to receive notice of administrative regulation filings in Kentucky.
Tips for submitting a comment
Submit contact information. We can reach out to you for further clarification or communication regarding your comment.
Include the section number or specific language relevant to your comment. This helps us understand what you're commenting on.
Be specific. Tell us how the regulation affects or would affect you. Include data or examples, where relevant. Comment only on what's being proposed. An agency will only consider comments related to the proposed regulations.
Phrase it as a statement. Instead of posing a question, phrase your comment as a statement. For example, instead of "What does this mean?" say "The wording of this section is confusing, so I don't understand what it would require me to do."
Tell us what you like, too. Share which proposals you like, not just the ones you want to see changed.
Share a suggestion if you have one. Tell us what you would prefer and why you think it would be better. Sharing an alternative helps us consider how the regulation could be made better.
You only need to submit once. Your comment is registered once, no matter how many times you send it.
Don't include confidential or private information. Comments become part of the public record. Don't include information that you wouldn't want shared with others.
Submit your comment by the deadline. Make sure your comment is submitted before the end of the designated comment period, so it can be considered.
What happens to public comments
Public agencies address comments received in a document called the Statement of Consideration, which is filed with the LRC at the conclusion of the comment process. This document provides a list of received comments and explanations for the agency's decisions on whether or not to amend the proposed regulations in response to those comments.