Title 101 | Chapter 001 | Regulation 396REG
PROPOSED
This document is not yet current.
GENERAL GOVERNMENT CABINET
Personnel Board
(New Administrative Regulation)
101 KAR 1:396.Repeal of 101 KAR 1:395.
Section 1.
101 KAR 1:395, Restoration from military duty, is hereby repealed.GORDON A. ROWE, Jr., Executive Director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:
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 61.371 to 61.377.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A, 61.377 directs the Board to adopt guidelines for restoration rights for employees returning from military duty.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide employees returning form military duty restoration rights.
(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 repeal is strictly to be following KRS Chapter 18A.
(b) The necessity of the amendment to this administrative regulation:
The repeal is necessary to be in compliance with KRS Chapter 18A.
(c) How the amendment conforms to the content of the authorizing statutes:
This repeal conforms with KRS Chapter 18A. and KRS 61.377 by providing updates.
(d) How the amendment will assist in the effective administration of the statutes:
This repeal provides clarity by correction.
(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 agencies and prior military state employees returning from duty and their right to restoration.
(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 are no actions required to be taken by the entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will not be any cost by complying with the repeal of this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
By complying with the regulation, military state employees returning from duty have the right to be restored to their prior position.
(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 repeal.
(b) On a continuing basis:
There will be no ongoing cost by the repeal of this regulation.
(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 repeal.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees will be established as a result of repealing this regulation.
(9) TIERING: Is tiering applied?
No. This regulation repeals 101 KAR 001:395 which never had tiering because all military state employees were treated 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 13A. and KRS 61.371 to 61.377.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Personnel Board and all other state government agencies and military state employees.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact to the repeal of this regulation.
(b) Methodology and resources used to determine the fiscal impact:
(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)
There is no negative or adverse economic impact as a result of the repeal of this regulation.
(b) The methodology and resources used to reach this conclusion:
GENERAL GOVERNMENT CABINET
Personnel Board
(New Administrative Regulation)
101 KAR 1:396.Repeal of 101 KAR 1:395.
Section 1.
101 KAR 1:395, Restoration from military duty, is hereby repealed.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:
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 61.371 to 61.377.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A, 61.377 directs the Board to adopt guidelines for restoration rights for employees returning from military duty.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide employees returning form military duty restoration rights.
(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 repeal is strictly to be following KRS Chapter 18A.
(b) The necessity of the amendment to this administrative regulation:
The repeal is necessary to be in compliance with KRS Chapter 18A.
(c) How the amendment conforms to the content of the authorizing statutes:
This repeal conforms with KRS Chapter 18A. and KRS 61.377 by providing updates.
(d) How the amendment will assist in the effective administration of the statutes:
This repeal provides clarity by correction.
(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 agencies and prior military state employees returning from duty and their right to restoration.
(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 are no actions required to be taken by the entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will not be any cost by complying with the repeal of this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
By complying with the regulation, military state employees returning from duty have the right to be restored to their prior position.
(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 repeal.
(b) On a continuing basis:
There will be no ongoing cost by the repeal of this regulation.
(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 repeal.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees will be established as a result of repealing this regulation.
(9) TIERING: Is tiering applied?
No. This regulation repeals 101 KAR 001:395 which never had tiering because all military state employees were treated 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 13A. and KRS 61.371 to 61.377.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Personnel Board and all other state government agencies and military state employees.
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A
(a) Estimate the following for the first year:
Expenditures:
No expenditures will be generated.
Revenues:
No revenues will be generated.
Cost Savings:
No cost savings will be generated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact to the repeal of this regulation.
(b) Methodology and resources used to determine the fiscal impact:
(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)
There is no negative or adverse economic impact as a result of the repeal of this regulation.
(b) The methodology and resources used to reach this conclusion: