Title 106 | Chapter 001 | Regulation 241REG


PROPOSED
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DEPARTMENT OF MILITARY AFFAIRS
Division of Emergency Management
(New Administrative Regulation)

106 KAR 1:241.Local emergency management director appointment process.

Section 1.

Definitions.

(1)

"Candidate" means the individual proposed to be appointed pursuant to KRS 39B.020.

(2)

"Local appointing authority" means a county judge/executive, mayor, or chief executive officer of a local government entity.

Section 2.

Appointment Process.

(1)

To appoint a local emergency management director, a local appointing authority shall submit:

(a)

A completed "Commonwealth of Kentucky Application for Employment;"

(b)

A completed KYEM Form 15, "Appointment of Local Emergency Management Director;" and

(c)

Written authorization consistent with KRS 39B.020(3)(d)(1) or (2) or (3) or (4).

(2)

If a fiscal court, city commission, or other local governing body has adopted administrative procedures that formally establish a personnel merit system, a local appointing authority shall submit a local employment application in lieu of the document specified in subsection (2)(a) of this section. A local employment application shall not be submitted for review by the Personnel Cabinet.

(3)

A local appointing authority shall submit the documents, specified in subsections (1) and (2) of this section, to the area manager for transmittal through the Division of Kentucky Emergency Management, Emergency Management Performance Grant ("EMPG") Section Chief, to the Director of the Division of Emergency Management, within the time specified in KRS 39B.020(1).

Section 3.

Approval Process.

(1)

Within thirty (30) calendar days of receiving materials specified in Section 2 of this administrative regulation, the Director of the Division of Emergency Management shall:

(a)

Request the human resources officer of the Department of Military Affairs evaluate the candidate's qualifications for the position of local director; and

(b)

Determine the jurisdiction's eligibility for supplementary state funds to support the operations and activities of a local emergency management agency.

(2)

Funding shall be suspended when it is determined that a candidate does not meet the qualification required for the position of a local director.

Section 4.

Reappointment Process. To reappoint a local director pursuant to KRS 39B.020(3), a local appointing authority shall execute the actions established in Section 2(1)(b) and (c) of this administrative regulation.

Section 5.

Incorporation by Reference.

(1)

The following materials are incorporated by reference:

(a)

"Commonwealth of Kentucky Application for Employment;" and

(b)

KYEM Form 15, "Appointment of local Emergency Management Director."

(2)

This material may be inspected, copied, or obtained subject to applicable copyright law, at the Division of Emergency Management, Emergency Operations Center, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday through Friday, 8 a.m. to 4:30 p.m.

This is to certify that The Adjutant General (TAG) has reviewed and approved this administrative regulation prior to its adoption, as required by KRS 39A.070(3).
HALDANE B. LAMBERTON, Major General, KYNG, Adjutant General
JEREMY C. SLINKER, Director
CHARLES T. JONES, Brigadier General US Army (Ret), Executive Director
APPROVED BY AGENCY: June 7, 2022
FILED WITH LRC: June 15, 2022 at 10:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, August 24, 2022, at 11:00 a.m. Eastern Time at 100 Minuteman Parkway, Bldg. 100, Room 202 (EOC 2nd Floor Conference Room) 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 is received by that 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. 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 August 31, 2022. 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: Corey Ann Howard Jackson, Legislative Liaison and Policy Specialist, Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601, phone (502) 330-3323, fax (502) 607-1240, email corey.a.jackson23.nfg@army.mil.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Corey Ann Howard Jackson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the process to be followed for the chief executive officer of a local government entity to appoint or reappoint a local emergency management director.
(b) The necessity of this administrative regulation:
The chief executive officer of a local government entity is required by statute to appoint or reappoint a local emergency management director and this regulation establishes the requirements for compliance.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 39A.050 authorizes the Division of Emergency Management to coordinate the development, implementation, and maintenance of comprehensive emergency management programs by local emergency management agencies in a city, county, charter county or urban-county government. KRS 39A.050(2)(m) and 39A. 070(3) allow the Division of Emergency Management to promulgate administrative regulations to carry out the provisions of KRS Chapter 39A to 39F. KRS 39B.020 requires the chief executive officer of a local government entity appoint or reappoint a local emergency management director. This administrative regulation instructs on compliance with that statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes the requirements to be met by the chief executive officer of a local government entity to appoint or reappoint a local emergency management director.
(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 will affect the Department of Military Affairs, Division of Emergency Management, and the chief executive officer of a local government entity.
(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:
the chief executive officer of a local government entity will be required to comply with 106 KAR 1:241.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to these entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance is required. In addition, compliance is required for funding which decreases the local entities’ obligations and expenses while allowing an increase in their ability to plan, train, operate, mitigate and respond to local disasters.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
N/A
(b) On a continuing basis:
N/A
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State and federal funding including grants and cooperative agreements. These include: the Chemical Stockpile Emergency Preparedness Program Fund established in 50 U.S.C. 1521; The Federal Disaster and Emergency Assistance Fund granted to the division by the Federal Emergency Management Agency (FEMA), under 42 U.S.C. 5170(c), 5172, and 5173; The Federal Emergency Management Assistance Fund granted to the division by FEMA, under 42 U.S.C. 5196 and the Supplementary State Fund established in KRS 39C.010 and 39C.020.
(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:
An increase in fees or funding will not be necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or relate to fees.
(9) TIERING: Is tiering applied?
Tiering was not used. The regulation will not reduce or modify substantive regulatory requirements, eliminate some requirements entirely, simplify and reduce reporting and recordkeeping requirements, reduce the frequency of inspections, provide exemptions from inspections and other compliance activities, or delay compliance timetables.

FISCAL NOTE
(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?
Cities, Counties, urban-counties, or charter county governments
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.050(2)(m), 39A.070(3)
(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.
(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?
No additional revenue will be generated.
(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?
No additional revenue will be generated.
(c) How much will it cost to administer this program for the first year?
No additional cost will be incurred.
(d) How much will it cost to administer this program for subsequent years?
No additional cost will be incurred.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
No additional revenue will be generated by the regulations.
Expenditures (+/-):
No additional expenditures will be incurred.
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No additional cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No additional cost savings.
(c) How much will it cost the regulated entities for the first year?
No additional cost will be incurred
(d) How much will it cost the regulated entities for subsequent years?
No additional cost will be incurred.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
No additional cost savings will be realized.
Expenditures (+/-):
No additional costs will be incurred.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The administrative regulation will have no economic impact.

Last Updated: 6/23/2022


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