Title 500 | Chapter 010 | Regulation 001
PREVIOUS VERSION
The previous document that this document is based upon is available.
500 KAR 10:001.Definitions for 500 KAR Chapter 10.
Section 1.
Definitions.(1)
"Administrator" means the person designated to manage the information involved with the grants awarded under KRS 196.710 and assist the Kentucky State Corrections Commission with its duties.(2)
"Board" means the community corrections board specified in KRS 196.725 or the alternate board described in KRS 196.710(3) approved by the commission to act in the place of a community corrections board.(3)
"Cabinet" is defined by KRS 196.010(1).(4)
"Commission" is defined by KRS 196.700(1).(5)
"Community corrections program plan" or "program plan" is defined by KRS 196.700(3).(6)
"Department" is defined by KRS 196.010(3).(7)
"Eligible applicant" means any local government agency or combination of agencies, private nonprofit, or charitable organization that has an established a community corrections board.(8)
"Fiscal report" means the report submitted on a quarterly basis within the electronic grants management system detailing the fiscal activity of a grant project.(9)
"Grant application" means required information that delineates the programmatic and fiscal proposal of the applicant for the project entered into an electronic grants management system provided by the cabinet.(10)
"Grant funds" means funds awarded by the commission in accordance with KRS 196.710 for implementing a community corrections program plan.(11)
"Grant period" means the period of time the project can incur programmatic and fiscal activity under grant funds.(12)
"Programmatic report" means the report submitted on a quarterly basis within the electronic grants management system detailing the program activity of a grant project.(13)
"Schedule" means an established listing of times and dates for which necessary grant paperwork is due to the commission or the administrator.(14)
"Suspension" means a temporary withholding of payment.(15)
"Termination" means the grant is ended early, and all outstanding funds are withheld.HISTORY: (19 Ky.R. 1020; Am. 1365; eff. 12-9-1992; 46 Ky.R. 2124, 2630; eff. 6-30-2020; 49 Ky.R. 890; eff. 4-4-2023.)
The Kentucky State Corrections Commission reviewed and approved this administrative regulation on August 25, 2022 prior to its filing by the Justice and Public Safety Cabinet as required by KRS 13A.120(3), 13A.220(6)(a), and 196.704(8).
KERRY HARVEY, Cabinet Secretary and Commission Chairperson
APPROVED BY AGENCY: September 14, 2022
FILED WITH LRC: September 15, 2022 at 11:15 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, 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 November 30, 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: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the definitions for 500 KAR Chap. 10.
(b) The necessity of this administrative regulation:
This administrative regulation is needed to establish uniform definitions for the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement to have administrative regulations and establishes definitions for the operations of the commission in its work.
(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:
The amendment adds new definitions.
(b) The necessity of the amendment to this administrative regulation:
The new definitions will provide clarification and assist with amendments to other administrative regulations in the chapter.
(c) How the amendment conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. The definitions apply to the administrative regulations in the chapter.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment adds definitions for better understanding within the chapter.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately thirty or more governments or organizations applying for or awarded grants by the commission. This affects the Department of Corrections administrative staff that assist the commission.
(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 entities applying for grants will have to understand the definitions and how they apply in the application requirements. Those awarded grants will have to understand the definitions and how they apply to handling money awarded and reporting requirements. Administrative staff will have to perform their work using the revised definitions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The definitions are not expected to involve any cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities and individuals will better understand the other administrative regulations in the chapter.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A funding source is not needed for establishing definitions.
(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:
Establishing definitions does not require fees or a funding increase.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased in this administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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 amendments to this administrative regulation impact the Department of Corrections and Justice and Public Safety Cabinet. This also impacts approximately thirty or more governments or organizations applying for or awarded grants by the commission.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 196.035, 196.700-735
(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?
Establishing definitions does not generate revenue.
(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?
Establishing definitions does not generate revenue.
(c) How much will it cost to administer this program for the first year?
No cost is anticipated by establishing definitions.
(d) How much will it cost to administer this program for subsequent years?
No cost is anticipated by establishing definitions.
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?
Establishing definitions does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Establishing definitions does not generate cost savings.
(c) How much will it cost the regulated entities for the first year?
No cost is anticipated by establishing definitions.
(d) How much will it cost the regulated entities for subsequent years?
No cost is anticipated by establishing definitions.
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)] This administrative regulation is not expected to have a major economic impact.
500 KAR 10:001.Definitions for 500 KAR Chapter 10.
Section 1.
Definitions.(1)
"Administrator" means the person designated to manage the information involved with the grants awarded under KRS 196.710 and assist the Kentucky State Corrections Commission with its duties.(2)
"Board" means the community corrections board specified in KRS 196.725 or the alternate board described in KRS 196.710(3) approved by the commission to act in the place of a community corrections board.(3)
"Cabinet" is defined by KRS 196.010(1).(4)
"Commission" is defined by KRS 196.700(1).(5)
"Community corrections program plan" or "program plan" is defined by KRS 196.700(3).(6)
"Department" is defined by KRS 196.010(3).(7)
"Eligible applicant" means any local government agency or combination of agencies, private nonprofit, or charitable organization that has an established a community corrections board.(8)
"Fiscal report" means the report submitted on a quarterly basis within the electronic grants management system detailing the fiscal activity of a grant project.(9)
"Grant application" means required information that delineates the programmatic and fiscal proposal of the applicant for the project entered into an electronic grants management system provided by the cabinet.(10)
"Grant funds" means funds awarded by the commission in accordance with KRS 196.710 for implementing a community corrections program plan.(11)
"Grant period" means the period of time the project can incur programmatic and fiscal activity under grant funds.(12)
"Programmatic report" means the report submitted on a quarterly basis within the electronic grants management system detailing the program activity of a grant project.(13)
"Schedule" means an established listing of times and dates for which necessary grant paperwork is due to the commission or the administrator.(14)
"Suspension" means a temporary withholding of payment.(15)
"Termination" means the grant is ended early, and all outstanding funds are withheld.HISTORY: (19 Ky.R. 1020; Am. 1365; eff. 12-9-1992; 46 Ky.R. 2124, 2630; eff. 6-30-2020; 49 Ky.R. 890; eff. 4-4-2023.)
The Kentucky State Corrections Commission reviewed and approved this administrative regulation on August 25, 2022 prior to its filing by the Justice and Public Safety Cabinet as required by KRS 13A.120(3), 13A.220(6)(a), and 196.704(8).
KERRY HARVEY, Cabinet Secretary and Commission Chairperson
APPROVED BY AGENCY: September 14, 2022
FILED WITH LRC: September 15, 2022 at 11:15 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, 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 November 30, 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: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the definitions for 500 KAR Chap. 10.
(b) The necessity of this administrative regulation:
This administrative regulation is needed to establish uniform definitions for the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement to have administrative regulations and establishes definitions for the operations of the commission in its work.
(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:
The amendment adds new definitions.
(b) The necessity of the amendment to this administrative regulation:
The new definitions will provide clarification and assist with amendments to other administrative regulations in the chapter.
(c) How the amendment conforms to the content of the authorizing statutes:
The commission is required to award grants for the implementation and operation of community corrections programs pursuant to 196.710. KRS 15A.160 and 196.035 authorize the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. The definitions apply to the administrative regulations in the chapter.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment adds definitions for better understanding within the chapter.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately thirty or more governments or organizations applying for or awarded grants by the commission. This affects the Department of Corrections administrative staff that assist the commission.
(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 entities applying for grants will have to understand the definitions and how they apply in the application requirements. Those awarded grants will have to understand the definitions and how they apply to handling money awarded and reporting requirements. Administrative staff will have to perform their work using the revised definitions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The definitions are not expected to involve any cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities and individuals will better understand the other administrative regulations in the chapter.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A funding source is not needed for establishing definitions.
(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:
Establishing definitions does not require fees or a funding increase.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased in this administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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 amendments to this administrative regulation impact the Department of Corrections and Justice and Public Safety Cabinet. This also impacts approximately thirty or more governments or organizations applying for or awarded grants by the commission.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 196.035, 196.700-735
(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?
Establishing definitions does not generate revenue.
(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?
Establishing definitions does not generate revenue.
(c) How much will it cost to administer this program for the first year?
No cost is anticipated by establishing definitions.
(d) How much will it cost to administer this program for subsequent years?
No cost is anticipated by establishing definitions.
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?
Establishing definitions does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Establishing definitions does not generate cost savings.
(c) How much will it cost the regulated entities for the first year?
No cost is anticipated by establishing definitions.
(d) How much will it cost the regulated entities for subsequent years?
No cost is anticipated by establishing definitions.
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)] This administrative regulation is not expected to have a major economic impact.