601 KAR 15:030reg. Repeal of 601 KAR 15:010 and 601 KAR 15:020

      Section 1. The following administrative regulations are hereby repealed:

      (1) 601 KAR 15:010, Disciplinary actions relating to commissioned employees; and

      (2) 601 KAR 15:020, Employment requirements for safety-sensitive employees of the Department of Vehicle Regulation.

 

GREG THOMAS, Acting Secretary

RODNEY KUHL, Commissioner

D. ANN DANGELO, Office of Legal Services

      APPROVED BY AGENCY: April 4, 2016

      FILED WITH LRC: April 7, 2016 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 27, 2016 tentatively at 1:00 p.m. local time at the Transportation Cabinet, Transportation Cabinet Building, Hearing Room C121, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing. This request does not have to be in writing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. 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. Written comments shall be accepted until the end of the day on May 31, 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: D. Ann Dangelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Ann DAngelo

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 601 KAR 15:010 and 601 KAR 15:020.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to repeal and remove two (2) obsolete administrative regulations.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 174.080 authorizes the secretary of the Transportation Cabinet to promulgate administrative regulations related to the operations of the cabinet.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This repealer administrative regulation will remove two (2) administrative regulations belonging to a division that no longer exists at the cabinet.

      (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 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: The Transportation Cabinet will be positively affected by removing two (2) obsolete administrative regulations from its books.

      (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 involved.

      (a) Initially: There are no costs.

      (b) On a continuing basis: There are no costs.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: N/A

      (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: There are no fees involved.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: These are repealer administrative regulations and there are no associated costs.

      (9) TIERING: Is tiering applied? No, this is a repealer of two (2) obsolete administrative regulations.

 

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 Transportation Cabinet is positively impacted because these obsolete administrative regulations will no longer be on the books.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 13A.310 authorizes the cabinet to repeal an administrative regulation.

      (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 affect expenditures or revenues.

      (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? This administrative regulation will not generate revenue.

      (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? This administrative regulation will not generate revenue.

      (c) How much will it cost to administer this program for the first year? There are no costs involved in this repealer regulation.

      (d) How much will it cost to administer this program for subsequent years? There are no costs involved in this repealer regulation.

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

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

Notation

      RELATES TO: KRS Chapter 18A, 189.227, 281.765, 281.771, 281.772, 281.773

      STATUTORY AUTHORITY: KRS Chapter 18A, 189.227, Executive Order 2008-707

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.080 authorizes the secretary to promulgate administrative regulations related to the operations of the Transportation Cabinet. This administrative regulation repeals 601 KAR 15:010 and 601 KAR 15:020. These administrative regulations relate to the Division of Vehicle Enforcement, which is no longer associated with the Transportation Cabinet. In 2008, the Division of Vehicle Enforcement became a part of the Kentucky State Police pursuant to Executive Order 2008-707.