Section 238.522 - [Effective 7/1/2025] Restriction on promulgating administrative regulations(1) The corporation shall promulgate all administrative regulations relating to charitable gaming. Any administrative regulation filing may be proposed by the office, but it shall only be approved and filed by the corporation. Authority over administrative regulations promulgated under this chapter shall be transferred to and vested in the corporation on and after July 1, 2025, as authorized by KRS 13A.312.(2)(a) If the office has proposed a new or amended administrative regulation that changes the manner in which a charitable organization conducts charitable gaming or is likely to cause a charitable organization to incur new or additional costs, the office shall not propose the proposed administrative regulation to the corporation without first receiving comments from the Charitable Gaming Advisory Council established in KRS 238.520, subject to the restrictions of paragraph (b) of this subsection.(b)1. If the proposed administrative regulation qualifies under paragraph (a) of this subsection, the office shall distribute the proposed administrative regulation to the advisory council.2. The advisory council shall be granted a maximum of sixty (60) days to submit its comments on the proposed regulatory change. If the administrative regulation is a new emergency regulation, the advisory council shall be granted a maximum of thirty (30) days to submit its comments on the proposed regulatory change.3. The time limits in this paragraph shall begin from the day the office submits the regulatory change and sets a date for a proposed hearing for the comments of the advisory council. If the advisory council 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.4. If the advisory council is not scheduled to meet, the office shall arrange for the advisory council to meet at a time that will provide the advisory council an adequate opportunity to review and comment on the administrative regulation within the time limit. If the advisory council fails to comment within the time limit, the office may proceed with the administrative changes at the discretion of the corporation.(c) To the extent that any other statute relating to the office's authority to propose administrative regulations conflicts with this section, this section shall take precedence.(d) If the advisory council chooses to produce written comments, these comments shall be attached to any public submission of the administrative regulation, including any filing under KRS Chapter 13A, and may include majority or minority comments or both.(3) Any power or limitation relating to administrative regulations proposed by the office that are subject to subsection (2) of this section shall also apply to administrative regulations proposed by the manager of the office.Amended by 2024 Ky. Acts ch. 171,§ 17, eff. 7/1/2025.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 537, effective7/15/2010. -- Created 2007, Ky. Acts ch. 120, sec. 4, effective 6/26/2007.This section is set out more than once due to postponed, multiple, or conflicting amendments.