Title 902 | Chapter 001 | Regulation 400REG
PROPOSED
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PREVIOUS VERSION
The previous document that this document is based upon is available.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Public Health Protection and Safety
(Amendment)
902 KAR 1:400.Administrative conferencehearings.
Section 1.
Notice of Enforcement.(1)
The Department for Public Health (DPH) shall provide the opportunity for an administrative conference to any regulated entity aggrieved by the issuance of a Notice of Enforcement (DFS-214).(2)
The Notice of Enforcement (DFS-214) shall be sent by:(a)
United States first-class mail to the registered permit holder or responsible party's last address on file;(b)
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; or(c)
Hand delivered or other means, as appropriate.(3)
The notice shall contain:(a)
A description of the proposed action or action taken;(b)
The reasons for the action;(c)
The statutory or regulatory authority for the action; and(d)
The timeline required to submit a Request for Administrative Conference (DFS-212).(4)
Upon receipt of a Notice of Enforcement (DFS-214), the permit holder or responsible party may submit a Request for Administrative Conference (DFS-212) within ten (10) business days to the local health department of jurisdiction.(5)
Upon receipt of a request for a conference, the local health department of jurisdiction shall schedule an administrative conference and send a Notice of Administrative Conference (DFS-213).(6)
The Notice of Administrative Conference (DFS-213) shall:(a)
Be sent to the permit holder or responsible party who requested a conference at least ten (10) business days prior to the conference; and(b)
Include the date, time, and location of the administrative conference.Section 2.
Notice of Enforcement for Food or Cosmetic Manufacturing Plant.(1)
The Department for Public Health shall provide the opportunity for an administrative conference to a food or cosmetic manufacturing plant aggrieved by the issuance of a Food or Cosmetic Plant Enforcement Notice (DFS-263), incorporated by reference in 902 KAR 45:160.(2)
The Food or Cosmetic Plant Enforcement Notice (DFS-263) shall be sent by:(a)
United States first-class mail to the registered permit holder or responsible party's last address on file;(b)
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; or(c)
Hand delivered or other means, as appropriate.(3)
The notice shall contain:(a)
A description of the proposed action or action taken;(b)
The reasons for the action;(c)
The statutory or regulatory authority for the action; and(d)
The timeline required to submit a Request for Conference (DFS-267), incorporated by reference in 902 KAR 45:160.(4)
Upon receipt of a Food or Cosmetic Plant Enforcement Notice (DFS-263), the permit holder or responsible party may submit a Request for Conference (DFS-267) within ten (10) business days to the Department for Public Health.(5)
Upon receipt of a request for a conference, the Department for Public Health shall schedule an administrative conference and send a Food or Cosmetic Plant Notice of Administrative Conference (DFS-268).(6)
The Food or Cosmetic Plant Notice of Administrative Conference (DFS-268) shall:(a)
Be sent to the permit holder or responsible party who requested a conference at least ten (10) business days prior to the conference; and(b)
Include the date, time, and location of the administrative conference.Section 3.
Administrative Conference.(1)
The administrative conference shall be conducted by a representative of the Department for Public Health.(2)
During the administrative conference, the permit holder or responsible party may:(a)
Be represented by counsel; and(b)
Present documentation in his or her favor.(3)
The purpose of the administrative conference is to:(a)
Clarify the position of the parties; and(b)
Attempt to resolve any dispute over the proposed action or action taken.Section 4.
Administrative Conference Decision.(1)
Within ten (10) working days of the conclusion of the administrative conference, the Department for Public Health representative shall:(a)
Send a written decision to the director of the local health department of jurisdiction; or(b)
Send a written decision to the permit holder or responsible party, with a copy to the appropriate program staff, when the notice of enforcement is issued directly by the Department for Public Health.(2)
The director of the local health department of jurisdiction or appropriate program staff shall forward a copy of the decision to the permit holder or responsible party within five (5) business days.(3)
The decision shall:(a)
Be sent by:1.
United States first-class mail to the registered permit holder or responsible party's last address on file; and2.
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; and(b)
Contain the:1.
Results of the administrative conference; and2.
Permit holder or responsible party's right to appeal pursuant to KRS Chapter 13B.Section 5.
Appeals. The permit holder or responsible party may request a hearing within ten (10) days of receipt of the administrative conference decision by:(1)
Mailing a request for a hearing to the Division of Public Health Protection and Safety, Department for Public Health, 275 E. Main Street, Mailstop HS1E-A, Frankfort, Kentucky 40621;(2)
Faxing a request for hearing to 502-564-9523; or(3)
Emailing a request for hearing to CHFS.Listens@ky.gov.(4)
Requests for a hearing shall be forwarded by the division to the Office of Administrative Hearings within the Department of Law in accordance with KRS 15.111(2)(g), within two (2) working days of receipt.Section 6.
Nothing in this administrative regulation shall be construed to prevent the Department for Public Health from taking emergency action to protect the public health and safety under the provisions of KRS 13B.125.Section 7.
Material Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"Request for Administrative Conference (DFS-212)", 4/2025 edition;(b)
"Notice of Administrative Conference (DFS-213)", 4/2025 edition;(c)
"Notice of Enforcement (DFS-214)", 4/2025 edition; and(d)
"Food or Cosmetic Plant Notice of Administrative Conference (DFS-268)", 4/2025 edition.(2)
This material may be inspected, copied or obtained at the Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621. Office hours are 8 a.m. to 4:30 p.m.(3)
This material is also available online. For forms listed in:(a)
Subsections (1)(a)-(c) of this section, see https://chfs.ky.gov/agencies/dph/dafm/Pages/lhddocuments.aspx; and(b)
Subsection (1)(d) of this section, see https://www.chfs.ky.gov/agencies/dph/dphps/fsb/Pages/foodmanufacturing.aspx.(1)
(2)
(a)
(b)
(c)
(d)
(e)
Section 2.
(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
Section 3.
(1)
(2)
Section 4.
(1)
(2)
(3)
(4)
(5)
(6)
Section 5.
Section 6.
(1)
(a)
(b)
(c)
(2)
JOHN R. LANGEFELD, MD, Commissioner
STEPHEN J. STACK, M.D., MBA, Secretary
APPROVED BY AGENCY: January 7, 2026
FILED WITH LRC: February 3, 2026 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on April 27, 2026, 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 April 20, 2026, 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 through April 30, 2026. 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: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
Subject Headings:
Administrative Hearings, Local Health Departments, Public Health
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation outlines the procedures for administrative conferences conducted by the Department for Public Health.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to provide all regulated entities a right to due process in response to an action initiated by the Department for Public Health staff or its duly authorized agents.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13B.170 allows an agency to provide administrative procedures through administrative regulation that supplement KRS Chapter 13B proceedings. KRS 211.025 authorizes the department to enforce all public health laws and regulations of the secretary.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation ensures all those permitted or licensed by the department are afforded an opportunity to an administrative conference before aversive action is taken against the permit or license and protects their right to due process proceedings.
(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 to this administrative regulation clarifies the notification requirements, updates the administrative conference procedures, ensures a conference decision is provided in a timely manner, and updates the material incorporated by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation is necessary to ensure all those who are issued a permit or license from the department are aware of the process to request an administrative conference should they receive an enforcement notice.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to this administrative regulation protects permit holders’ and licensees’ due process rights when the department or its duly authorized agent has discovered a violation of the applicable administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation ensures a consistent process is followed by all programs that issue permits or licenses.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment to this administrative regulation implements the requirements of 2023 Ky. Acts ch. 124, sec. 4.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation impacts all entities issued a permit or license by the department. This includes hotels, motels, youth camps, food service establishments, food manufacturing facilities, tattoo artist and studio owners, body piecers and studio owners, and swimming pool operators. It also impacts all local health departments and state staff who are responsible for inspection and enforcement procedures to determine compliance with the applicable administrative regulation.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
Local health department and state program staff will need to be aware of the revised forms and the timelines associated with the administrative conference procedures. Permit holders and licensees will need to be aware of the timelines required for requesting an administrative conference.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The amendment to this administrative regulation does not impact costs for the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Permit holders and licensees will be assured consistent administrative conference proceedings.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This is an ongoing process procedure, there will be no initial cost to implement these changes.
(b) On a continuing basis:
Continuing costs to implement this administrative regulation include costs associated with staff who conduct the administrative conference. This will be absorbed as part of their salary.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
State general fund dollars are the source of funding for the activities associated with implementing this administrative regulation.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not needed to implement the changes in this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(10) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to all regulated entities.
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 13B.170 and 211.025.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety, is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact expenditures for the promulgating agency.
Revenues:
This administrative regulation does not generate revenue for the promulgating agency.
Cost Savings:
This administrative regulation does not result in cost savings for the promulgating agency.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Affected local entities include local health departments.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact expenditures for the affected local entities.
Revenues:
This administrative regulation does not generate revenue for the affected local entities.
Cost Savings:
This administrative regulation does not result in cost savings for the affected local entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities include all entities issued a permit or a license from the Department for Public Health.
(a) Estimate the following for the first year:
Expenditures:
Additional regulated entities may incur minimal cost associated with submitting a request for an administrative conference.
Revenues:
This administrative regulation does not generate revenue for the additional regulated entities.
Cost Savings:
This administrative regulation does not result in cost savings for the additional regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, and cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The amendment to this administrative regulation will have minimal fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The costs to implement this administrative regulation will be absorbed in the salary of the program staff person responsible for overseeing the administrative conference. On average, the department participates in 100 administrative conferences per year. The conference meeting may last between two to six hours. Staff that preside over the conference are responsible for writing the conference report, which can take up to five (5) days to complete.
(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)
This administrative regulation does not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Public Health Protection and Safety
(Amendment)
902 KAR 1:400.Administrative conference.
Section 1.
Notice of Enforcement.(1)
The Department for Public Health (DPH) shall provide the opportunity for an administrative conference to any regulated entity aggrieved by the issuance of a Notice of Enforcement (DFS-214).(2)
The Notice of Enforcement (DFS-214) shall be sent by:(a)
United States first-class mail to the registered permit holder or responsible party's last address on file;(b)
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; or(c)
Hand delivered or other means, as appropriate.(3)
The notice shall contain:(a)
A description of the proposed action or action taken;(b)
The reasons for the action;(c)
The statutory or regulatory authority for the action; and(d)
The timeline required to submit a Request for Administrative Conference (DFS-212).(4)
Upon receipt of a Notice of Enforcement (DFS-214), the permit holder or responsible party may submit a Request for Administrative Conference (DFS-212) within ten (10) business days to the local health department of jurisdiction.(5)
Upon receipt of a request for a conference, the local health department of jurisdiction shall schedule an administrative conference and send a Notice of Administrative Conference (DFS-213).(6)
The Notice of Administrative Conference (DFS-213) shall:(a)
Be sent to the permit holder or responsible party who requested a conference at least ten (10) business days prior to the conference; and(b)
Include the date, time, and location of the administrative conference.Section 2.
Notice of Enforcement for Food or Cosmetic Manufacturing Plant.(1)
The Department for Public Health shall provide the opportunity for an administrative conference to a food or cosmetic manufacturing plant aggrieved by the issuance of a Food or Cosmetic Plant Enforcement Notice (DFS-263), incorporated by reference in 902 KAR 45:160.(2)
The Food or Cosmetic Plant Enforcement Notice (DFS-263) shall be sent by:(a)
United States first-class mail to the registered permit holder or responsible party's last address on file;(b)
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; or(c)
Hand delivered or other means, as appropriate.(3)
The notice shall contain:(a)
A description of the proposed action or action taken;(b)
The reasons for the action;(c)
The statutory or regulatory authority for the action; and(d)
The timeline required to submit a Request for Conference (DFS-267), incorporated by reference in 902 KAR 45:160.(4)
Upon receipt of a Food or Cosmetic Plant Enforcement Notice (DFS-263), the permit holder or responsible party may submit a Request for Conference (DFS-267) within ten (10) business days to the Department for Public Health.(5)
Upon receipt of a request for a conference, the Department for Public Health shall schedule an administrative conference and send a Food or Cosmetic Plant Notice of Administrative Conference (DFS-268).(6)
The Food or Cosmetic Plant Notice of Administrative Conference (DFS-268) shall:(a)
Be sent to the permit holder or responsible party who requested a conference at least ten (10) business days prior to the conference; and(b)
Include the date, time, and location of the administrative conference.Section 3.
Administrative Conference.(1)
The administrative conference shall be conducted by a representative of the Department for Public Health.(2)
During the administrative conference, the permit holder or responsible party may:(a)
Be represented by counsel; and(b)
Present documentation in his or her favor.(3)
The purpose of the administrative conference is to:(a)
Clarify the position of the parties; and(b)
Attempt to resolve any dispute over the proposed action or action taken.Section 4.
Administrative Conference Decision.(1)
Within ten (10) working days of the conclusion of the administrative conference, the Department for Public Health representative shall:(a)
Send a written decision to the director of the local health department of jurisdiction; or(b)
Send a written decision to the permit holder or responsible party, with a copy to the appropriate program staff, when the notice of enforcement is issued directly by the Department for Public Health.(2)
The director of the local health department of jurisdiction or appropriate program staff shall forward a copy of the decision to the permit holder or responsible party within five (5) business days.(3)
The decision shall:(a)
Be sent by:1.
United States first-class mail to the registered permit holder or responsible party's last address on file; and2.
Electronic mail to the registered permit holder or responsible party's last electronic mail address on file; and(b)
Contain the:1.
Results of the administrative conference; and2.
Permit holder or responsible party's right to appeal pursuant to KRS Chapter 13B.Section 5.
Appeals. The permit holder or responsible party may request a hearing within ten (10) days of receipt of the administrative conference decision by:(1)
Mailing a request for a hearing to the Division of Public Health Protection and Safety, Department for Public Health, 275 E. Main Street, Mailstop HS1E-A, Frankfort, Kentucky 40621;(2)
Faxing a request for hearing to 502-564-9523; or(3)
Emailing a request for hearing to CHFS.Listens@ky.gov.(4)
Requests for a hearing shall be forwarded by the division to the Office of Administrative Hearings within the Department of Law in accordance with KRS 15.111(2)(g), within two (2) working days of receipt.Section 6.
Nothing in this administrative regulation shall be construed to prevent the Department for Public Health from taking emergency action to protect the public health and safety under the provisions of KRS 13B.125.Section 7.
Material Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"Request for Administrative Conference (DFS-212)", 4/2025 edition;(b)
"Notice of Administrative Conference (DFS-213)", 4/2025 edition;(c)
"Notice of Enforcement (DFS-214)", 4/2025 edition; and(d)
"Food or Cosmetic Plant Notice of Administrative Conference (DFS-268)", 4/2025 edition.(2)
This material may be inspected, copied or obtained at the Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621. Office hours are 8 a.m. to 4:30 p.m.(3)
This material is also available online. For forms listed in:(a)
Subsections (1)(a)-(c) of this section, see https://chfs.ky.gov/agencies/dph/dafm/Pages/lhddocuments.aspx; and(b)
Subsection (1)(d) of this section, see https://www.chfs.ky.gov/agencies/dph/dphps/fsb/Pages/foodmanufacturing.aspx.JOHN R. LANGEFELD, MD, Commissioner
STEPHEN J. STACK, M.D., MBA, Secretary
APPROVED BY AGENCY: January 7, 2026
FILED WITH LRC: February 3, 2026 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on April 27, 2026, 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 April 20, 2026, 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 through April 30, 2026. 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: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
Subject Headings:
Administrative Hearings, Local Health Departments, Public Health
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation outlines the procedures for administrative conferences conducted by the Department for Public Health.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to provide all regulated entities a right to due process in response to an action initiated by the Department for Public Health staff or its duly authorized agents.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13B.170 allows an agency to provide administrative procedures through administrative regulation that supplement KRS Chapter 13B proceedings. KRS 211.025 authorizes the department to enforce all public health laws and regulations of the secretary.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation ensures all those permitted or licensed by the department are afforded an opportunity to an administrative conference before aversive action is taken against the permit or license and protects their right to due process proceedings.
(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 to this administrative regulation clarifies the notification requirements, updates the administrative conference procedures, ensures a conference decision is provided in a timely manner, and updates the material incorporated by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation is necessary to ensure all those who are issued a permit or license from the department are aware of the process to request an administrative conference should they receive an enforcement notice.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to this administrative regulation protects permit holders’ and licensees’ due process rights when the department or its duly authorized agent has discovered a violation of the applicable administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation ensures a consistent process is followed by all programs that issue permits or licenses.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment to this administrative regulation implements the requirements of 2023 Ky. Acts ch. 124, sec. 4.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation impacts all entities issued a permit or license by the department. This includes hotels, motels, youth camps, food service establishments, food manufacturing facilities, tattoo artist and studio owners, body piecers and studio owners, and swimming pool operators. It also impacts all local health departments and state staff who are responsible for inspection and enforcement procedures to determine compliance with the applicable administrative regulation.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
Local health department and state program staff will need to be aware of the revised forms and the timelines associated with the administrative conference procedures. Permit holders and licensees will need to be aware of the timelines required for requesting an administrative conference.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The amendment to this administrative regulation does not impact costs for the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Permit holders and licensees will be assured consistent administrative conference proceedings.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This is an ongoing process procedure, there will be no initial cost to implement these changes.
(b) On a continuing basis:
Continuing costs to implement this administrative regulation include costs associated with staff who conduct the administrative conference. This will be absorbed as part of their salary.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
State general fund dollars are the source of funding for the activities associated with implementing this administrative regulation.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not needed to implement the changes in this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(10) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to all regulated entities.
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 13B.170 and 211.025.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety, is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact expenditures for the promulgating agency.
Revenues:
This administrative regulation does not generate revenue for the promulgating agency.
Cost Savings:
This administrative regulation does not result in cost savings for the promulgating agency.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Affected local entities include local health departments.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact expenditures for the affected local entities.
Revenues:
This administrative regulation does not generate revenue for the affected local entities.
Cost Savings:
This administrative regulation does not result in cost savings for the affected local entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities include all entities issued a permit or a license from the Department for Public Health.
(a) Estimate the following for the first year:
Expenditures:
Additional regulated entities may incur minimal cost associated with submitting a request for an administrative conference.
Revenues:
This administrative regulation does not generate revenue for the additional regulated entities.
Cost Savings:
This administrative regulation does not result in cost savings for the additional regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, and cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The amendment to this administrative regulation will have minimal fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The costs to implement this administrative regulation will be absorbed in the salary of the program staff person responsible for overseeing the administrative conference. On average, the department participates in 100 administrative conferences per year. The conference meeting may last between two to six hours. Staff that preside over the conference are responsible for writing the conference report, which can take up to five (5) days to complete.
(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)
This administrative regulation does not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.