77.185 Public hearing to be held before enactment of orders, rules, or regulations -- Adoption of procedural rules for the promulgation of regulations.
<br><br> <br>Page 1 of 1 <br>77.185 Public hearing to be held before enactment of orders, rules, or regulations -- <br>Adoption of procedural rules for the promulgation of regulations. <br>(1) The air pollution control board shall not enact any order, rule, or regulation until it <br>first holds a public hearing thereon. It shall give notice of the public hearing by <br>publication pursuant to KRS Chapter 424. <br>(2) The air pollution control board shall, by regulation, adopt procedural rules for the <br>promulgation of regulations. These rules shall provide the public with a fair and <br>reasonable opportunity for review of and comment on all proposed actions on <br>regulations and shall ensure that the board provides full consideration to all written <br>and oral comments prior to promulgating final regulations. The rules shall, at a <br>minimum, provide the public with: <br>(a) At least thirty (30) days' notice prior to a public hearing on proposed actions <br>on regulations; <br>(b) Copies of the proposed actions at the time of the notice; <br>(c) A written response to all comments submitted on the proposed actions; <br>(d) A written statement explaining the basis for any substantive amendments <br>made to a proposed action on regulations after its initial proposal; and <br>(e) An assessment of the regulatory impact on the regulated community and the <br>public of each proposed action on regulations. The regulatory impact <br>assessment shall include the estimated costs and savings associated with the <br>action, the feasibility of all alternatives considered, and a comparison with any <br>minimum or uniform standards under the Clean Air Act of 1963 as amended <br>by the Clean Air Act Amendments of 1990 or any other federal requirement. <br>The board may rely on reasonably available information in assessing the <br>regulatory impact of its regulatory actions. The regulatory impact assessment <br>required by this subsection need not be developed when the proposed <br>regulatory action is substantively identical to federal standards or <br>requirements. <br>Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 420, sec. 5, effective July 15, 1994. -- Amended <br>1966 Ky. Acts ch. 239, sec. 32. -- Created 1952 Ky. Acts ch. 53, sec. 45. <br><br>