Title 900 | Chapter 001 | Regulation 050
900 KAR 1:050.Child and adult protection employees subject to state and national criminal background checks.
Section 1.
Definitions.(1)
"Cabinet" is defined by KRS 194A.005(1).(2)
"Disqualifying offense" means a conviction, plea of guilty, Alford plea, or plea of nolo contendere to any felony, misdemeanor during the preceding seven (7) years, or offense, the nature of which indicates that the employee constitutes an unreasonable and immediate risk to the health or safety of vulnerable children or adults, as determined by the cabinet.(3)
"Front-line staff" is defined by KRS 194A.065(1).(4)
"Rap back service" means a notification program in which the cabinet or responsible agency, upon approval to participate in the program, will be informed if an individual who has undergone a fingerprint-based criminal background check in accordance with the requirements of this administrative regulation, and whose fingerprints are retained by the Department of Kentucky State Police or the Federal Bureau of Investigation, is subsequently arrested.(5)
"Responsible agency" means an office or department within the cabinet, or an entity under contract with the cabinet, that employs or offers a job to an individual for a front-line staff position.Section 2.
Requirement for Criminal Background Checks.(1)
As a condition of initial application for employment or continued employment either directly or by contract in a position that is equivalent to being front-line staff, the cabinet or responsible agency shall require a prospective or current front-line staff employee, including contract staff, to submit to a fingerprint-based state and national criminal background check:(a)
After the individual is offered a job but before he or she begins working; and(b)
At least one (1) time during each ten (10) year period for a current employee or contract staff.(2)
The responsible agency that requests a fingerprint-based state and national criminal background check on behalf of a prospective or current employee shall incur all fees included in the actual cost of each background check requested, including the rap back service.(3)
The cabinet or responsible agency shall not employ directly or by contract an individual for a front-line staff position if the individual:(a)
Refuses to consent to a fingerprint-based state and national criminal background check; or(b)
Is found to have a disqualifying offense.(4)
The cabinet or responsible agency shall notify each prospective or current employee determined to have a disqualifying offense.Section 3.
Disqualification for Other Criminal Offenses or Factors. The cabinet or responsible agency shall not be obligated to employ or offer employment to an individual with a criminal offense not specifically listed in Section 1(2) of this administrative regulation or other factor that bears upon the fitness of the individual to work in a front-line staff position.Section 4.
Challenges to Criminal History Record Information. An individual subject to a criminal background check required by KRS 194A.062(2) and this administrative regulation shall have the right to request and inspect his or her criminal history record and to request correction of any inaccurate information.Section 5.
Rehabilitation Review.(1)
A prospective or current cabinet employee found to have a disqualifying offense upon completion of the criminal background check shall be eligible for consideration of rehabilitation under an independent review process.(2)
A prospective or current cabinet employee may submit a written request for a rehabilitation review to the Office of Human Resource Management no later than fourteen (14) calendar days from the date of notice of a disqualifying offense issued pursuant to Section 2(4) of this administrative regulation.(3)
A current cabinet employee who requests a rehabilitation review may be retained on staff if the employee is assigned duties that do not include unsupervised contact with a child or vulnerable adult.(4)
The request for a rehabilitation review shall include the following information:(a)
A written explanation of each disqualifying offense, including:1.
A description of the events related to the disqualifying offense;2.
The number of years since the occurrence of the disqualifying offense;3.
The age of the offender at the time of the disqualifying offense;4.
Evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense; and5.
Any other circumstances surrounding the offense;(b)
Official documentation showing that all fines, including court-imposed fines or restitution, have been paid or documentation showing adherence to a payment schedule, if applicable;(c)
The date probation or parole was satisfactorily completed, if applicable; and(d)
Employment and character references, including any other evidence demonstrating the ability of the individual to perform the employment responsibilities and duties competently and safely.(5)
A rehabilitation review shall be conducted by a committee of three (3) employees of the Office of Human Resource Management.(6)
The committee shall consider the information required under subsection (4) of this section, and shall also consider mitigating circumstances including:(a)
The amount of time that has elapsed since the disqualifying offense;(b)
The lack of a relationship between the disqualifying offense and the:1.
Position for which the prospective employee has applied; or2.
Cabinet employee's current position; and(c)
Evidence that the prospective or current cabinet employee has pursued or achieved rehabilitation with regard to the disqualifying offense.(7)
No later than thirty (30) calendar days from receipt of the written request for the rehabilitation review, the Office of Human Resource Management shall send the committee's determination on the rehabilitation waiver to the prospective or current employee.(8)
The prospective or current employee may appeal the results of a rehabilitation review to the Personnel Board in accordance with KRS 18A.095.Section 6.
Pardons and Expungement. An applicant or current employee who has received a pardon for a disqualifying offense or has had the record expunged may be employed in a front-line staff position.HISTORY: (48 Ky.R. 3139; eff. 2-16-2023.)
TRESA STRAW, Executive Director
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: April 25, 2022
FILED WITH LRC: April 26, 2022 at 12:25 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 25, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by July 18, 2022, five (5) 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 attends virtually 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 this proposed administrative regulation until July 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin or Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for fingerprint-based state and national criminal background checks for prospective and current cabinet employees who are front-line staff, as defined by KRS 194A.065(1).
(b) The necessity of this administrative regulation:
Senate Bill 40 from the 2020 Regular Session of the General Assembly amended KRS 194A.062 to require that front-line staff, as defined by KRS 194A.065, shall submit to national and state fingerprint-supported criminal background checks and amended relevant statutes relating to private child-caring and child-placing to also require background checks of individuals meeting the statutory definition of “staff members.” The utilization and implementation of additional fingerprint-based background checks was delayed during the COVID-19 pandemic and Kentucky operated under a federal waiver in which name-based background checks were completed temporarily. However, utilization of the National Background Check Program has resumed and capacity has been increased to include these additional checks.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing requirements for fingerprint-based state and national criminal background checks for prospective and current front-line staff.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing requirements for fingerprint-based state and national criminal background checks for prospective and current front-line staff.
(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 Department for Community Based Services and the Office of Human Resource Management in the Cabinet for Health and Family Services are the only agencies affected by this administrative regulation. Approximately 1,800 front-line staff are expected to be impacted by this administrative regulation.
(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 prospective or current front-line staff employee, including contract staff, will be required to submit to a fingerprint-based state and national criminal background check after an individual is offered a job but before he or she begins working and at least one time during each ten year period of employment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Staff will not have to pay for these background checks. The initial cost to the cabinet is estimated to be approximately $115,000 and the ongoing cost is estimated to be approximately $25,000 per year due to high staff turnover rates experienced recently. As turnover decreases, this cost will also decrease.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The processes contained in this administrative regulation will ensure that staff who are working closely with families and children across the commonwealth have undergone a thorough check of state and national registries and records and no disqualifying offenses against them were found. This administrative regulation also ensures the cabinet’s compliance with statute.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Approximately $115,000.
(b) On a continuing basis:
Approximately $25,000 per year due to high staff turnover rates experienced recently and less when turnover decreases and staffing numbers stabilize.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General funds.
(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 is not an increase in fees, but this administrative regulation does include a new fee paid by the cabinet. The cabinet will absorb costs associated with these required background checks.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does include a new fee paid by the cabinet. The cabinet will absorb costs associated with these required background checks.
(9) TIERING: Is tiering applied?
Tiering is not applicable as this administrative regulation applies equally to all individuals meeting the statutory definition of “front-line staff” established by KRS 194A.065(1).
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 Department for Community Based Services and the Office of Human Resource Management in the Cabinet for Health and Family Services are affected by this administrative regulation. Approximately 1,800 front-line staff are expected to be impacted by this administrative regulation. These checks are administered through the Kentucky State Police.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.062(2), (5).
(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?
This administrative regulation will generate no revenue. Fees collected by the Kentucky State Police for the purpose of conducting the background check do not exceed the actual cost of performing the check.
(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?
This administrative regulation will generate no revenue. Fees collected by the Kentucky State Police for the purpose of conducting the background check do not exceed the actual cost of performing the check.
(c) How much will it cost to administer this program for the first year?
$115,000.
(d) How much will it cost to administer this program for subsequent years?
Approximately $25,000 per year due to high staff turnover rates experienced recently. As staff turnover decreases, this cost will also decrease.
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?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
This will cost the cabinet approximately $115,000 to implement.
(d) How much will it cost the regulated entities for subsequent years?
This will cost the cabinet approximately $25,000 per year in subsequent years.
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)] No, this administrative regulation is not anticipated to have an economic impact of $500,000 or more.
900 KAR 1:050.Child and adult protection employees subject to state and national criminal background checks.
Section 1.
Definitions.(1)
"Cabinet" is defined by KRS 194A.005(1).(2)
"Disqualifying offense" means a conviction, plea of guilty, Alford plea, or plea of nolo contendere to any felony, misdemeanor during the preceding seven (7) years, or offense, the nature of which indicates that the employee constitutes an unreasonable and immediate risk to the health or safety of vulnerable children or adults, as determined by the cabinet.(3)
"Front-line staff" is defined by KRS 194A.065(1).(4)
"Rap back service" means a notification program in which the cabinet or responsible agency, upon approval to participate in the program, will be informed if an individual who has undergone a fingerprint-based criminal background check in accordance with the requirements of this administrative regulation, and whose fingerprints are retained by the Department of Kentucky State Police or the Federal Bureau of Investigation, is subsequently arrested.(5)
"Responsible agency" means an office or department within the cabinet, or an entity under contract with the cabinet, that employs or offers a job to an individual for a front-line staff position.Section 2.
Requirement for Criminal Background Checks.(1)
As a condition of initial application for employment or continued employment either directly or by contract in a position that is equivalent to being front-line staff, the cabinet or responsible agency shall require a prospective or current front-line staff employee, including contract staff, to submit to a fingerprint-based state and national criminal background check:(a)
After the individual is offered a job but before he or she begins working; and(b)
At least one (1) time during each ten (10) year period for a current employee or contract staff.(2)
The responsible agency that requests a fingerprint-based state and national criminal background check on behalf of a prospective or current employee shall incur all fees included in the actual cost of each background check requested, including the rap back service.(3)
The cabinet or responsible agency shall not employ directly or by contract an individual for a front-line staff position if the individual:(a)
Refuses to consent to a fingerprint-based state and national criminal background check; or(b)
Is found to have a disqualifying offense.(4)
The cabinet or responsible agency shall notify each prospective or current employee determined to have a disqualifying offense.Section 3.
Disqualification for Other Criminal Offenses or Factors. The cabinet or responsible agency shall not be obligated to employ or offer employment to an individual with a criminal offense not specifically listed in Section 1(2) of this administrative regulation or other factor that bears upon the fitness of the individual to work in a front-line staff position.Section 4.
Challenges to Criminal History Record Information. An individual subject to a criminal background check required by KRS 194A.062(2) and this administrative regulation shall have the right to request and inspect his or her criminal history record and to request correction of any inaccurate information.Section 5.
Rehabilitation Review.(1)
A prospective or current cabinet employee found to have a disqualifying offense upon completion of the criminal background check shall be eligible for consideration of rehabilitation under an independent review process.(2)
A prospective or current cabinet employee may submit a written request for a rehabilitation review to the Office of Human Resource Management no later than fourteen (14) calendar days from the date of notice of a disqualifying offense issued pursuant to Section 2(4) of this administrative regulation.(3)
A current cabinet employee who requests a rehabilitation review may be retained on staff if the employee is assigned duties that do not include unsupervised contact with a child or vulnerable adult.(4)
The request for a rehabilitation review shall include the following information:(a)
A written explanation of each disqualifying offense, including:1.
A description of the events related to the disqualifying offense;2.
The number of years since the occurrence of the disqualifying offense;3.
The age of the offender at the time of the disqualifying offense;4.
Evidence that the individual has pursued or achieved rehabilitation with regard to the disqualifying offense; and5.
Any other circumstances surrounding the offense;(b)
Official documentation showing that all fines, including court-imposed fines or restitution, have been paid or documentation showing adherence to a payment schedule, if applicable;(c)
The date probation or parole was satisfactorily completed, if applicable; and(d)
Employment and character references, including any other evidence demonstrating the ability of the individual to perform the employment responsibilities and duties competently and safely.(5)
A rehabilitation review shall be conducted by a committee of three (3) employees of the Office of Human Resource Management.(6)
The committee shall consider the information required under subsection (4) of this section, and shall also consider mitigating circumstances including:(a)
The amount of time that has elapsed since the disqualifying offense;(b)
The lack of a relationship between the disqualifying offense and the:1.
Position for which the prospective employee has applied; or2.
Cabinet employee's current position; and(c)
Evidence that the prospective or current cabinet employee has pursued or achieved rehabilitation with regard to the disqualifying offense.(7)
No later than thirty (30) calendar days from receipt of the written request for the rehabilitation review, the Office of Human Resource Management shall send the committee's determination on the rehabilitation waiver to the prospective or current employee.(8)
The prospective or current employee may appeal the results of a rehabilitation review to the Personnel Board in accordance with KRS 18A.095.Section 6.
Pardons and Expungement. An applicant or current employee who has received a pardon for a disqualifying offense or has had the record expunged may be employed in a front-line staff position.HISTORY: (48 Ky.R. 3139; eff. 2-16-2023.)
TRESA STRAW, Executive Director
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: April 25, 2022
FILED WITH LRC: April 26, 2022 at 12:25 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 25, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by July 18, 2022, five (5) 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 attends virtually 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 this proposed administrative regulation until July 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin or Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for fingerprint-based state and national criminal background checks for prospective and current cabinet employees who are front-line staff, as defined by KRS 194A.065(1).
(b) The necessity of this administrative regulation:
Senate Bill 40 from the 2020 Regular Session of the General Assembly amended KRS 194A.062 to require that front-line staff, as defined by KRS 194A.065, shall submit to national and state fingerprint-supported criminal background checks and amended relevant statutes relating to private child-caring and child-placing to also require background checks of individuals meeting the statutory definition of “staff members.” The utilization and implementation of additional fingerprint-based background checks was delayed during the COVID-19 pandemic and Kentucky operated under a federal waiver in which name-based background checks were completed temporarily. However, utilization of the National Background Check Program has resumed and capacity has been increased to include these additional checks.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing requirements for fingerprint-based state and national criminal background checks for prospective and current front-line staff.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing requirements for fingerprint-based state and national criminal background checks for prospective and current front-line staff.
(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 Department for Community Based Services and the Office of Human Resource Management in the Cabinet for Health and Family Services are the only agencies affected by this administrative regulation. Approximately 1,800 front-line staff are expected to be impacted by this administrative regulation.
(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 prospective or current front-line staff employee, including contract staff, will be required to submit to a fingerprint-based state and national criminal background check after an individual is offered a job but before he or she begins working and at least one time during each ten year period of employment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Staff will not have to pay for these background checks. The initial cost to the cabinet is estimated to be approximately $115,000 and the ongoing cost is estimated to be approximately $25,000 per year due to high staff turnover rates experienced recently. As turnover decreases, this cost will also decrease.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The processes contained in this administrative regulation will ensure that staff who are working closely with families and children across the commonwealth have undergone a thorough check of state and national registries and records and no disqualifying offenses against them were found. This administrative regulation also ensures the cabinet’s compliance with statute.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Approximately $115,000.
(b) On a continuing basis:
Approximately $25,000 per year due to high staff turnover rates experienced recently and less when turnover decreases and staffing numbers stabilize.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
General funds.
(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 is not an increase in fees, but this administrative regulation does include a new fee paid by the cabinet. The cabinet will absorb costs associated with these required background checks.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does include a new fee paid by the cabinet. The cabinet will absorb costs associated with these required background checks.
(9) TIERING: Is tiering applied?
Tiering is not applicable as this administrative regulation applies equally to all individuals meeting the statutory definition of “front-line staff” established by KRS 194A.065(1).
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 Department for Community Based Services and the Office of Human Resource Management in the Cabinet for Health and Family Services are affected by this administrative regulation. Approximately 1,800 front-line staff are expected to be impacted by this administrative regulation. These checks are administered through the Kentucky State Police.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.062(2), (5).
(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?
This administrative regulation will generate no revenue. Fees collected by the Kentucky State Police for the purpose of conducting the background check do not exceed the actual cost of performing the check.
(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?
This administrative regulation will generate no revenue. Fees collected by the Kentucky State Police for the purpose of conducting the background check do not exceed the actual cost of performing the check.
(c) How much will it cost to administer this program for the first year?
$115,000.
(d) How much will it cost to administer this program for subsequent years?
Approximately $25,000 per year due to high staff turnover rates experienced recently. As staff turnover decreases, this cost will also decrease.
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?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
This will cost the cabinet approximately $115,000 to implement.
(d) How much will it cost the regulated entities for subsequent years?
This will cost the cabinet approximately $25,000 per year in subsequent years.
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)] No, this administrative regulation is not anticipated to have an economic impact of $500,000 or more.