200 KAR 30:051reg. Repeal of 200 KAR 30:050 and 200 KAR 30:060

      Section 1. The following administrative regulations are hereby repealed:

      (1) 200 KAR 30:050, Reinstatement; and

      (2) 200 KAR 30:060, Annual contact report.

 

WILLIAM L. BROWN, Executive Director

JOHN MARCUS JONES, Assistant Attorney General

      APPROVED BY AGENCY: May 12, 2016

      FILED WITH LRC: May 13, 2016 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, June 29, 2016 at 9:00 a.m., local time, at the Kentucky Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received in writing five (5) workdays prior to the hearing date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made in writing five (5) workdays prior to the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of day Thursday, June 30, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: John Marcus Jones, Board Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601. phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: John Marcus Jones

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 200 KAR 30:050, Reinstatement; and 200 KAR 30:060, Annual contact report. These administrative regulations are obsolete due to the repeal of KRS 164.697(3) by the Kentucky General Assembly eliminating reinstatements for registrations and the requirement for the filing of an annual contact report.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to remove the regulations requiring reinstatement and annual contact reports now that the Kentucky General Assembly has removed the requirements from statutes.

      (c) How does this administrative regulation conform to the content of the authorizing statutes? KRS 164.6905(3) authorizes the Office to promulgate regulations necessary to carry out the provisions of KRS 164.6901 to 164.6935.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the efficient operation of the registration of athlete agents by removing regulations and requirements that are no longer supported in the provisions of KRS 164.6901 to 164.6935.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation repeals two (2) administrative regulations that are no longer supported by the provisions of KRS 164.6901 to 164.6935.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: N/A

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): N/A

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): N/A

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: There are no costs to repealing regulations 201 KAR 30:050 and 201 KAR 30:060.

      (a) Initially: The budget for the Office is $38,000 annual. It will not cost the administrative body any additional funds to implement the repeal of these administrative regulations.

      (b) On a continuing basis: The budget for the Office is estimated to continue to have a budget of $38,000 annual. It will not cost the administrative body any additional funds to implement the repeal of these administrative regulations.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The office’s operation is funded by fees paid by the registered athlete agents and applicants for new registrations.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding is necessary to implement this repeal of administrative regulations.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees. The fees assessed to applicants for registration and renewals are established in KRS 164.6915.

      (9) Tiering: Is tiering applied? No. This is a repealer of two (2) regulations that are no longer supported by the provisions of KRS 164.6901 to 164.6935.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Office of Occupations and Professions is the administrative body regulating the Uniform Athlete Agents Act pursuant to KRS 164.6905.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 164.6905 authorizes the Office of Occupations and Professions to repeal administrative regulations relating to the provisions of KRS 164.6901 to 164.6935.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This administrative regulation will not have any effect on the expenditures and revenues of state and local government.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The revenue generated will depend on the number of applicants for registration for the year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The revenue will depend on the number of applicants for registration for the subsequent years.

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-): N/A

      Other Explanation: N/A

Notation

      RELATES TO: KRS Chapter 164

      STATUTORY AUTHORITY: KRS 164.6905(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6905 authorizes the Office of Occupations and Professions to promulgate administrative regulations that are necessary to carry out the provisions of KRS 164.6901 to 164.6935. This administrative regulation repeals 200 KAR 30:050 and 200 KAR 30:060. These administrative regulations are being repealed because the authorizing statute, KRS 164.687(3), was repealed by the Kentucky General Assembly in 2003. These administrative regulations are therefore obsolete.