Administrative regulation is defined in Kentucky Revised Statute (KRS) 13A.010 as "a statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body . . ."
The term "administrative body" includes the Environmental and Public Protection Cabinet, of which the Division of Waste Management is a part, as well as other organizational units of the Executive Branch that report to Kentucky's governor.
Regulations set forth the standards by which people and groups are governed. Regulations have the full force of a law and establish obligatory requirements applicable to such groups. Regulations cannot be ignored or disregarded by an administrative body, regardless of the rationale. Regulations cannot be set aside, except by a court of law.
Regulations differ from statutes in many ways. The primary difference is that:
Regulations are promulgated by the Executive Branch of state government (the various cabinets, offices and departments) and reviewed by the Legislative Branch.
Statutes are enacted by the Legislative Branch -- the Kentucky General Assembly -- subject to final review by the governor.
An additional difference between regulations and statutes is that, typically, statutes are more general in nature and establish the broad framework for a given program. Regulations provide the details and the administrative procedures to implement this broad framework and achieve the goals set forth by the legislature.
A complete description of the regulation promulgation process is available online.
Administrative Register
The Administrative Register of Kentucky is a compilation of regulations proposed by administrative agencies of the commonwealth and serves as public notice of such proposed regulations. It is published each month. You can access the Register online by scrolling to the bottom of http://lrc.ky.gov/KAR/frntpage.htm
