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13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or reg

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Page 1 of 1 13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state <br>administrative regulation and federal law or regulation governing a subject <br>matter. (1) (a) When promulgating administrative regulations and amending existing administrative regulations in response to a federal mandate, an administrative <br>body shall compare its proposed compliance standards with any minimum or <br>uniform standards suggested or contained in the federal mandate. (b) Such a comparison shall include, in detail, a written determination by the administrative body on whether the proposed state administrative regulation <br>will impose stricter requirements or other responsibilities on the regulated <br>entities than those required by the federal mandate. (c) If the administrative body determines that the proposed state administrative regulation imposes additional requirements or responsibilities on the regulated <br>entities than is required by the federal mandate, the administrative body shall <br>include in its comparison analysis a written statement justifying the imposition <br>of stricter standards, requirements, or responsibilities. (2) (a) Except as provided by paragraph (b) of this subsection, an administrative regulation shall conform to a federal law or regulation governing a subject <br>matter if an administrative body is: <br>1. Not required by federal law or regulation to promulgate an <br>administrative regulation to comply with a federal law or regulation <br>governing the subject matter; and 2. Required or authorized by state law to promulgate an administrative <br>regulation governing the subject matter. (b) If the administrative regulation is more stringent than or otherwise differs from the federal law or regulation governing the subject matter, the <br>administrative body shall state in detail in the &quot;NECESSITY, FUNCTION, <br>AND CONFORMITY&quot; paragraph of the administrative regulation the manner <br>in which it is more stringent than or otherwise differs from the federal law or <br>regulation, and the reasons therefor. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 330, sec. 2, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 89, sec. 8, effective July 15, 1986.