198B.030 Department of Housing, Buildings and Construction -- Comments from advisory committee to be received before promulgating administrative regulations

198B.030 Department of Housing, Buildings and Construction -- Comments

from advisory committee to be received before promulgating

administrative regulations.

(1) There is hereby created the Kentucky Department of Housing, Buildings and

Construction within the Public Protection Cabinet. The Governor shall appoint a

commissioner to head the department. The commissioner shall receive for his

or her services such compensation as the Governor shall determine.

(2) The commissioner may employ sufficient staff to carry out the functions of the

commissioner's office. Neither the commissioner nor any member of his or her

staff shall be employed, either directly or indirectly, in any aspect of the building

industry as regulated by this chapter while employed by the Department of

Housing, Buildings and Construction.

(3) The department shall perform all budgeting, procurement, and other

administrative activities necessary for the statewide regulation and

enforcement of building, construction, and inspection standards and codes.

The department or commissioner shall submit any proposed administrative

regulation to the committee and shall not promulgate the administrative

regulation without giving the committee the opportunity to produce written

comments, as required by subsection (8) of this section. If the committee

chooses to produce written comments, the comments shall be attached to any

public submission of the administrative regulation, including any filing under

KRS Chapter 13A.

(4) The department may enter into contracts or agreements with the federal

government, its subdivisions and instrumentalities, other agencies of state

government or with its subdivisions and instrumentalities, or with private profit

or nonprofit organizations in order to effect the purposes of this chapter.

(5) The commissioner shall cooperate with the agencies of the United States and

with the governing bodies and housing authorities of counties, cities, and with

not for profit organizations and area development districts in relation to matters

set forth in this chapter, and in any reasonable manner that may be necessary

for the state to qualify for, and to receive grants or aid from these agencies.

The commissioner shall have the power to comply with each condition and

execute any agreement that may be necessary, convenient, or desirable.

(6) Nothing in this chapter shall preclude any other agency, board, or officer of the

state from being designated as the directing or allocating agency, board, or

officer for the distribution of federal grants and aid, or the performance of other

duties to the extent necessary to qualify for and to receive grants and aid for

programs under the administration of the department.

(7) The commissioner is authorized to receive, for and on behalf of the state and

the department from the United States and agencies thereof, and from any and

all other sources, grants and aid and gifts made for the purpose of providing, or

to assist in providing, any of the programs authorized by this chapter, including

expenses of administration. All funds received under this subsection shall be

paid into the state treasury and credited to a trust and agency fund to be used

by the department in carrying out the provisions of this chapter. No part of this

fund shall revert to the general fund of the Commonwealth.

(8) (a) If the department has proposed a new or amended administrative

regulation that directly and clearly relates to the work of a profession,

class of workers, or industry that is under the authority of the committee,

the department shall not promulgate the proposed administrative

regulation without first receiving comments from the committee, subject to

the restrictions of paragraph (b) of this subsection.

artment has proposed a new or amended administrative

regulation that directly and clearly relates to the work of a profession,

class of workers, or industry that is under the authority of the committee,

the department shall not promulgate the proposed administrative

regulation without first receiving comments from the committee, subject to

the restrictions of paragraph (b) of this subsection.

(b) 1. The committee shall be granted a maximum of thirty (30) days to

submit its comments on the proposed regulatory change. This

subparagraph does not apply to an administrative regulation that is a

new emergency administrative regulation.

2. The time limits in this paragraph shall begin from the day the

department submits the regulatory change and sets a date for a

proposed hearing for the comments of the committee. If the

committee is already scheduled to meet at a time that will give it an

adequate opportunity to review the administrative regulation and

respond, the hearing may be held at that meeting.

3. If the committee is not scheduled to meet or meets only at the call of

the department, the department shall arrange for the committee to

meet at a time that will allow the committee an adequate opportunity

to review and comment on the regulation within the time limit. If the

committee fails to comment within the time limit, the department may

proceed with the administrative changes at its discretion.

(c) To the extent that any other statute relating to the department's authority

to promulgate administrative regulations conflicts with this section, this

section shall take precedence.

(d) The department may issue advisory opinions and declaratory rulings

related to KRS Chapters 198B, 227, 227A, 236, and 318 and the

administrative regulations promulgated under those chapters.