Title 101 | Chapter 001 | Regulation 345REG
PROPOSED
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GENERAL GOVERNMENT CABINET
Personnel Board
(Amendment)
101 KAR 1:345.Disciplinary actions.
Section 1.
General Provision. Appointing authorities may discipline employees for lack of good behavior or the unsatisfactory performance of duties.Section 2.
Dismissal.(1)
The notice required by KRS 18A.095(6) and (7) may be combined if all requirements of this administrative regulation(2)
When the employee is notified, copies of the notice of intent to dismiss and the notice of dismissalSection 3.
Demotion. When the employee is notified, copies of the notice of demotion shall be forwarded to the Personnel Cabinet Secretary.Section 4.
Suspension.(1)
A suspension shall not exceed thirty (30) working days.(2)
An employee on initial probation may also be suspended for a period not to exceed thirty (30) days and shall be entitled to the same provisions of notice contained in KRS 18A.095(8) with the exception of the right of appeal.(3)
When the employee is notified, copies of the notice of suspension shall be forwarded to the Personnel Cabinet Secretary.Section 5.
(1)
(2)
(3)
(4)
GORDON A. ROWE, Jr., Executive Director
APPROVED BY AGENCY: April 15, 2024
FILED WITH LRC: April 15, 2024 at 9:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 28, 2024, at 9:30 a.m., ET., at 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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 through June 30, 2024. 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: Gordon A. Rowe, Jr., Executive Director, Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 695-5799, email personnelboard@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Gordon A. Rowe, Jr.
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation defines conditions for instituting disciplinary measures and the manner of notification.
(b) The necessity of this administrative regulation:
This regulation is necessary to set the requirements of processing disciplinary actions.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
18A.075, 18A.005 to 18A.200 specifies that the Board adopt a regulation describing conditions for properly instituting disciplinary measures and notification to the employee.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide effective administration of the statutes by its requirements to process disciplinary actions.
(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:
This amendment removes Chapter 13A from the Statutory Authority and adds 29 U.S.C. 201 as it relates to this regulation regarding a disciplinary fine.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide uniformity with the requirements of the Fair Labor Standards Act.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment verifies conformity with KRS 18A.075 and KRS 18A.0751 by fully describing the procedures for instituting a disciplinary action.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarity and consistently required for effectively processing disciplinary actions.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects all state government agencies.
(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:
There will not be any new actions required of the entities identified in question (3) to comply with the amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional cost to the entities to comply with this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Continued compliance of this regulation will provide uniformity among all entities identified in question 3.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement this amendment.
(b) On a continuing basis:
There will be no ongoing cost to implement this amendment.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no need for a source of funding to implement and enforce this regulation.
(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 will not be an increase in fees or a necessity in funding to implement this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted employees the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.075 and 18A.0751.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Personnel Board, Personnel Cabinet, and all other State Government Agencies required to administer disciplinary actions.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because there is no cost to implementing this regulation.
Revenues:
No revenue will be generated because there will be no revenue as a result of this regulation.
Cost Savings:
No cost savings will be generated because there will be no expenditures there will be no cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will not be expenditures, revenues, or cost savings in subsequent years as the regulation is written.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no local entities affected by this regulation because it doesn’t regard them.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because the regulation doesn’t affect them.
Revenues:
No revenue will be generated because the regulation doesn’t affect them.
Cost Savings:
No cost savings will be generated, because the regulation doesn’t affect them.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities affected by this regulation.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because the regulation doesn’t affect any other entities.
Revenues:
No revenue will be generated because the regulation doesn’t affect any other entities.
Cost Savings:
No cost savings will be generated because the regulation doesn’t affect any other entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be none because there is no expenditures, revenues, or cost savings now as the regulation is written.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There will be no fiscal impact to administer the amendments to this regulation because no disciplinary fines have been collected in decades. There is no need for disciplinary fines.
(b) Methodology and resources used to determine the fiscal impact:
Facts, History of this regulation and data reports proved that the idea of disciplinary fines was not reality. They were inconsistent across state government. There could be an appeal filed. Since the action of disciplinary fines are removed from KRS Chapter 18A by the passage of SB 153, there will never be fines assessed.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
No negative or adverse economic impact will result because fines have not been issued in many years.
(b) The methodology and resources used to reach this conclusion:
Facts, history, and data reports.
GENERAL GOVERNMENT CABINET
Personnel Board
(Amendment)
101 KAR 1:345.Disciplinary actions.
Section 1.
General Provision. Appointing authorities may discipline employees for lack of good behavior or the unsatisfactory performance of duties.Section 2.
Dismissal.(1)
The notice required by KRS 18A.095(6) and (7) may be combined if all requirements of this administrative regulation are satisfied.(2)
When the employee is notified, copies of the notice of intent to dismiss and the notice of dismissal shall be forwarded to the Personnel Cabinet Secretary.Section 3.
Demotion. When the employee is notified, copies of the notice of demotion shall be forwarded to the Personnel Cabinet Secretary.Section 4.
Suspension.(1)
A suspension shall not exceed thirty (30) working days.(2)
An employee on initial probation may also be suspended for a period not to exceed thirty (30) days and shall be entitled to the same provisions of notice contained in KRS 18A.095(8) with the exception of the right of appeal.(3)
When the employee is notified, copies of the notice of suspension shall be forwarded to the Personnel Cabinet Secretary.GORDON A. ROWE, Jr., Executive Director
APPROVED BY AGENCY: April 15, 2024
FILED WITH LRC: April 15, 2024 at 9:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 28, 2024, at 9:30 a.m., ET., at 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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 through June 30, 2024. 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: Gordon A. Rowe, Jr., Executive Director, Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 695-5799, email personnelboard@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Gordon A. Rowe, Jr.
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation defines conditions for instituting disciplinary measures and the manner of notification.
(b) The necessity of this administrative regulation:
This regulation is necessary to set the requirements of processing disciplinary actions.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
18A.075, 18A.005 to 18A.200 specifies that the Board adopt a regulation describing conditions for properly instituting disciplinary measures and notification to the employee.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide effective administration of the statutes by its requirements to process disciplinary actions.
(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:
This amendment removes Chapter 13A from the Statutory Authority and adds 29 U.S.C. 201 as it relates to this regulation regarding a disciplinary fine.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide uniformity with the requirements of the Fair Labor Standards Act.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment verifies conformity with KRS 18A.075 and KRS 18A.0751 by fully describing the procedures for instituting a disciplinary action.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarity and consistently required for effectively processing disciplinary actions.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects all state government agencies.
(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:
There will not be any new actions required of the entities identified in question (3) to comply with the amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional cost to the entities to comply with this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Continued compliance of this regulation will provide uniformity among all entities identified in question 3.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement this amendment.
(b) On a continuing basis:
There will be no ongoing cost to implement this amendment.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no need for a source of funding to implement and enforce this regulation.
(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 will not be an increase in fees or a necessity in funding to implement this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted employees the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.075 and 18A.0751.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Personnel Board, Personnel Cabinet, and all other State Government Agencies required to administer disciplinary actions.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because there is no cost to implementing this regulation.
Revenues:
No revenue will be generated because there will be no revenue as a result of this regulation.
Cost Savings:
No cost savings will be generated because there will be no expenditures there will be no cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will not be expenditures, revenues, or cost savings in subsequent years as the regulation is written.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no local entities affected by this regulation because it doesn’t regard them.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because the regulation doesn’t affect them.
Revenues:
No revenue will be generated because the regulation doesn’t affect them.
Cost Savings:
No cost savings will be generated, because the regulation doesn’t affect them.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities affected by this regulation.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated because the regulation doesn’t affect any other entities.
Revenues:
No revenue will be generated because the regulation doesn’t affect any other entities.
Cost Savings:
No cost savings will be generated because the regulation doesn’t affect any other entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be none because there is no expenditures, revenues, or cost savings now as the regulation is written.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There will be no fiscal impact to administer the amendments to this regulation because no disciplinary fines have been collected in decades. There is no need for disciplinary fines.
(b) Methodology and resources used to determine the fiscal impact:
Facts, History of this regulation and data reports proved that the idea of disciplinary fines was not reality. They were inconsistent across state government. There could be an appeal filed. Since the action of disciplinary fines are removed from KRS Chapter 18A by the passage of SB 153, there will never be fines assessed.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
No negative or adverse economic impact will result because fines have not been issued in many years.
(b) The methodology and resources used to reach this conclusion:
Facts, history, and data reports.