Title 739 | Chapter 001 | Regulation 060REG
PROPOSED
This document is not yet current.
KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Board of Regents
(New Administrative Regulation)
739 KAR 1:060.Management of capital construction projects.
Section 1.
Subject to the provisions of KRS 45.750 through 45.800 and 56.870 to 56.874, the Kentucky Community and Technical College System Board of Regents elects to adopt the management and administration procedures set forth in KRS 164A.580, Sections 1, 2, 3, 4, 5, 6, 7, and 8.DR. RYAN QUARLES, President
APPROVED BY AGENCY: July 12, 2024
FILED WITH LRC: July 15, 2024 at 10:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 23, 2024, at 11:00 a.m. at 300 North Main Street, Versailles, Kentucky 40383. 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 September 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: Katie George, Staff Attorney, 300 North Main Street, Versailles, Kentucky 40383, phone 859-256-3242, email katie.george@kctcs.edu.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Katie George
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements the provisions of KRS 164A.580 at the Kentucky Community and Technical College System.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectuate the provisions of KRS 164A.555-164A.630.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the authorizing statues by electing the management and administrative procedures set forth therein.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in administration by adopting the necessary procedures, set forth in the statute.
(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; existing language regulatory language is not being amended.
(b) The necessity of the amendment to this administrative regulation:
This regulation adopts the procedures as prescribed in the existing statute; thus, it is necessary to satisfy the existing law.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute specifically provides that relevant governing boards may issue regulations relating to financial management functions.
(d) How the amendment will assist in the effective administration of the statutes:
This regulation will provide guidance relating to the procedures that shall be followed in accordance with the law.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Kentucky Community and Technical College System, including the sixteen colleges within that system.
(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 system will adopt the management and administration procedures as set forth in the applicable law.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Nothing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The effected entities will benefit from the regulatory guidance pertaining to the necessary procedures that shall be followed.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Not applicable.
(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:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, this regulation does not establish any new fees; nor does it directly increase any existing fees.
(9) TIERING: Is tiering applied?
No. Tiering is not appropriate as the administrative regulation applies equally to all individuals or entities that it regulates.
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 164A.560
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Community and Technical College System
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Nothing.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Kentucky Community and Technical College System.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
None.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Not applicable.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
None.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation will not have a fiscal impact on the regulated entities.
(b) Methodology and resources used to determine the fiscal impact:
This regulation will not have a fiscal impact on the regulated entities.
(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.
(b) The methodology and resources used to reach this conclusion:
Not applicable.
KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Board of Regents
(New Administrative Regulation)
739 KAR 1:060.Management of capital construction projects.
Section 1.
Subject to the provisions of KRS 45.750 through 45.800 and 56.870 to 56.874, the Kentucky Community and Technical College System Board of Regents elects to adopt the management and administration procedures set forth in KRS 164A.580, Sections 1, 2, 3, 4, 5, 6, 7, and 8.DR. RYAN QUARLES, President
APPROVED BY AGENCY: July 12, 2024
FILED WITH LRC: July 15, 2024 at 10:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 23, 2024, at 11:00 a.m. at 300 North Main Street, Versailles, Kentucky 40383. 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 September 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: Katie George, Staff Attorney, 300 North Main Street, Versailles, Kentucky 40383, phone 859-256-3242, email katie.george@kctcs.edu.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Katie George
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements the provisions of KRS 164A.580 at the Kentucky Community and Technical College System.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectuate the provisions of KRS 164A.555-164A.630.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the authorizing statues by electing the management and administrative procedures set forth therein.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in administration by adopting the necessary procedures, set forth in the statute.
(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; existing language regulatory language is not being amended.
(b) The necessity of the amendment to this administrative regulation:
This regulation adopts the procedures as prescribed in the existing statute; thus, it is necessary to satisfy the existing law.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute specifically provides that relevant governing boards may issue regulations relating to financial management functions.
(d) How the amendment will assist in the effective administration of the statutes:
This regulation will provide guidance relating to the procedures that shall be followed in accordance with the law.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Kentucky Community and Technical College System, including the sixteen colleges within that system.
(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 system will adopt the management and administration procedures as set forth in the applicable law.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Nothing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The effected entities will benefit from the regulatory guidance pertaining to the necessary procedures that shall be followed.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Not applicable.
(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:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, this regulation does not establish any new fees; nor does it directly increase any existing fees.
(9) TIERING: Is tiering applied?
No. Tiering is not appropriate as the administrative regulation applies equally to all individuals or entities that it regulates.
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 164A.560
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Community and Technical College System
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Nothing.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Kentucky Community and Technical College System.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
None.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Not applicable.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
None.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation will not have a fiscal impact on the regulated entities.
(b) Methodology and resources used to determine the fiscal impact:
This regulation will not have a fiscal impact on the regulated entities.
(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.
(b) The methodology and resources used to reach this conclusion:
Not applicable.