Title 302 | Chapter 002 | Regulation 010
SUPERSEDED
This document is no longer current.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Commissioner
(New Administrative Regulation)
302 KAR 2:010.Access to public records of the Kentucky Department of Agriculture.
Section 1.
The principal office location for the Kentucky Department of Agriculture is 105 Corporate Drive, Frankfort, Kentucky 40601. Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday, prevailing time in Frankfort, Kentucky.Section 2.
The title of the official custodian of the records of the Kentucky Department of Agriculture is the Commissioner of Agriculture whose address is 105 Corporate Drive, Frankfort, Kentucky 40601 and phone number 502-573-0282. The email address for the official custodian of records is ag.web@ky.gov.Section 3.
The procedure to be followed in requesting copies of public records shall be as follows:(1)
Requests for copies of public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using form OAG-01.(2)
Fees to be charged for copies of public records shall be ten (10) cents for each photocopy or page produced and sent electronically.(3)
Fees shall be paid prior to mailing the results of the request.Section 4.
The procedure to be followed in requesting inspection of public records shall be as follows:(1)
Requests for inspection of public records shall be made directly to the Commissioner of Agriculture or to the Commissioner's designee;(2)
Requests to inspect public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using form OAG-01;(3)
Records shall be inspected and copied in the presence of a member of the Kentucky Department of Agriculture to protect the records from damage or disorganization, to lessen disruption of office procedure, to provide timely assistance and information upon request to the person requesting inspection, and to provide full access to public records; and(4)
Suitable facilities shall be made available for inspection of public records.Section 5.
A copy of KRS 61.870 to 61.884 and this administrative regulation shall be displayed in the main reception room of the Kentucky Department of Agriculture at 105 Corporate Drive, Frankfort, Kentucky 40601.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference: "Request to Inspect Public Records OAG-01", June 2021.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Regulation and Inspection Division, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may also be obtained at www.kyagr.com.DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: November 14, 2023
FILED WITH LRC: November 15, 2023 at 11:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 23, 2024 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, 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 January 31, 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: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation satisfies the statutory requirements of KRS 61.876.
(b) The necessity of this administrative regulation:
This regulation satisfies the statutory requirements of KRS 61.876.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation satisfies the statutory requirements of KRS 61.876 by providing the required information required.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This filing makes clear for all entities the KDA open records process.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The KDA and any potential requester of information.
(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:
A person requesting inspection or copies of records will need to follow the steps in the filing to obtain the information requested.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Ten cents a page for copies for the requester. KDA costs would vary based on workload.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
A requester may obtain information in a timely manner.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA cannot estimate as it is contingent on requests.
(b) On a continuing basis:
The KDA cannot estimate as it is contingent on requests.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
KDA general fund.
(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:
A fee is established per page for copies made by the KDA.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
A fee is established directly.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
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?
The KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 61.876
(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?
The KDA cannot estimate revenue as it is based on possible future requests.
(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?
The KDA cannot estimate revenue as it is based on possible future requests.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is minimal based on historic request levels.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer this regulation is minimal based on historic request levels.
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:
(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 cost savings are anticipated for this filing.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No cost savings are anticipated for this filing.
(c) How much will it cost the regulated entities for the first year?
No changes in costs are anticipated.
(d) How much will it cost the regulated entities for subsequent years?
No changes in costs are anticipated.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
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)] Fees will not exceed the major economic impact threshold.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Commissioner
(New Administrative Regulation)
302 KAR 2:010.Access to public records of the Kentucky Department of Agriculture.
Section 1.
The principal office location for the Kentucky Department of Agriculture is 105 Corporate Drive, Frankfort, Kentucky 40601. Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday, prevailing time in Frankfort, Kentucky.Section 2.
The title of the official custodian of the records of the Kentucky Department of Agriculture is the Commissioner of Agriculture whose address is 105 Corporate Drive, Frankfort, Kentucky 40601 and phone number 502-573-0282. The email address for the official custodian of records is ag.web@ky.gov.Section 3.
The procedure to be followed in requesting copies of public records shall be as follows:(1)
Requests for copies of public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using form OAG-01.(2)
Fees to be charged for copies of public records shall be ten (10) cents for each photocopy or page produced and sent electronically.(3)
Fees shall be paid prior to mailing the results of the request.Section 4.
The procedure to be followed in requesting inspection of public records shall be as follows:(1)
Requests for inspection of public records shall be made directly to the Commissioner of Agriculture or to the Commissioner's designee;(2)
Requests to inspect public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using form OAG-01;(3)
Records shall be inspected and copied in the presence of a member of the Kentucky Department of Agriculture to protect the records from damage or disorganization, to lessen disruption of office procedure, to provide timely assistance and information upon request to the person requesting inspection, and to provide full access to public records; and(4)
Suitable facilities shall be made available for inspection of public records.Section 5.
A copy of KRS 61.870 to 61.884 and this administrative regulation shall be displayed in the main reception room of the Kentucky Department of Agriculture at 105 Corporate Drive, Frankfort, Kentucky 40601.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference: "Request to Inspect Public Records OAG-01", June 2021.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Regulation and Inspection Division, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may also be obtained at www.kyagr.com.DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: November 14, 2023
FILED WITH LRC: November 15, 2023 at 11:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 23, 2024 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, 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 January 31, 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: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation satisfies the statutory requirements of KRS 61.876.
(b) The necessity of this administrative regulation:
This regulation satisfies the statutory requirements of KRS 61.876.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation satisfies the statutory requirements of KRS 61.876 by providing the required information required.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This filing makes clear for all entities the KDA open records process.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The KDA and any potential requester of information.
(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:
A person requesting inspection or copies of records will need to follow the steps in the filing to obtain the information requested.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Ten cents a page for copies for the requester. KDA costs would vary based on workload.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
A requester may obtain information in a timely manner.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA cannot estimate as it is contingent on requests.
(b) On a continuing basis:
The KDA cannot estimate as it is contingent on requests.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
KDA general fund.
(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:
A fee is established per page for copies made by the KDA.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
A fee is established directly.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
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?
The KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 61.876
(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?
The KDA cannot estimate revenue as it is based on possible future requests.
(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?
The KDA cannot estimate revenue as it is based on possible future requests.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is minimal based on historic request levels.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer this regulation is minimal based on historic request levels.
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:
(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 cost savings are anticipated for this filing.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No cost savings are anticipated for this filing.
(c) How much will it cost the regulated entities for the first year?
No changes in costs are anticipated.
(d) How much will it cost the regulated entities for subsequent years?
No changes in costs are anticipated.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
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)] Fees will not exceed the major economic impact threshold.