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KAR Notice

​​​​​​​The following administrative regulations have been filed with the Legislative Research Commission. A summary of the changes is described below. Each administrative regulation can be examined in detail at https://apps.legislature.ky.gov/law/kar/TITLE725.HTM. The time for public comment is from September 21-30, 2021. A public hearing for 725 KAR 1:010-060 shall be held at 10:00 am ET and a public hearing for 725 KAR 2:015 and 2:080 at 1:00 pm ET on September 21, 2021 at the Kentucky Department for Libraries and Archives Hearing Room, 300 Coffee Tree Road, Frankfort, KY. Individuals interested in being heard at these hearings shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. Written comments shall be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearings or written comments on the proposed administrative regulations to Terry Manuel (terry.manuel@ky.gov) or Beth Milburn (beth.milburn@ky.gov) at PO Box 537, 300 Coffee Tree Road, Frankfort, KY 40602-0537.

725 KAR 1:010. Records officers; duties.

The proposed amendment to this administrative regulation updates the nature of the duties of records officers and the name of the Archives and Records Management Division. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute facilitates cooperation between agencies and the Department for Libraries and Archives. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

725 KAR 1:020. Recording and reproducing public records.

The proposed amendment to this administrative regulation updates agency names, document titles, and retention decisions. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute requires the department to establish standards and procedures for recording, managing, and preserving public records and for the reproduction of public records by photographic or microphotographic process. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

Materials Incorporated by Reference

"Microfilming and Digital Imaging of Public Records:  A Procedural Guide", January 2010 https://kdla.ky.gov/records/recmgmtguidance/Documents/MicrofilmingandDigitalImagingofPublicRecords-012616.pdf and https://kdla.ky.gov/archivists/microfilming/Pages/defaultold.aspx

"Policy  Memorandum  on  the  Storage  of  Public  Records  as  Scanned  Images,  PM  2010-01", January  2010 https://kdla.ky.gov/records/recmgmtguidance/Documents/PM2010-01.PDF and https://kdla.ky.gov/records/recmgmtguidance/Pages/elecrecmgmt.aspx

"Ensuring  the  Long-term  Accessibility  and  Usability  of  Records  Stored  as  Digital  Images: Guidelines for State  and  Local Government  Officials",  January  2010 https://kdla.ky.gov/records/recmgmtguidance/Documents/Imaging%20guidelines-012010.PDF and https://kdla.ky.gov/records/recmgmtguidance/Pages/elecrecmgmt.aspx


725 KAR 1:025. Transfer of public records.

The proposed amendment to this administrative regulation updates the name of the division, changing it from Public Records Division to Archives and Records Management Division. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute requires the department to promulgate administrative regulations governing the transfer of public records. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

Materials Incorporated by Reference

"Transfer of Public Records:  A Procedural Guide", January 2010 https://kdla.ky.gov/records/Documents/Records%20Transfer%20Procedures,January,%202010.PDF and https://kdla.ky.gov/records/recmgmtguidance/Pages/rectransfer.aspx


725 KAR 1:030. Scheduling public records for retention and disposal; procedures.

The proposed amendment to this administrative regulation clarifies language and updates the agency’s name from Public Records Division to Archives and Records Management Division. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute requires that retention schedules be created for public agency records. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

Materials Incorporated by Reference

"Records Retention Scheduling:  A Procedural Guide", July 2008 and "Destruction of Public Records: A Procedural Guide", July 2008 https://kdla.ky.gov/records/Documents/Retention_Scheduling_Guidelines-March-2016.pdf and https://kdla.ky.gov/records/Pages/default.aspx


725 KAR 1:040. Collection and distribution of reports and publications.

The proposed amendment to this administrative regulation updates the name of the division and brings requirements into line with current practice. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute requires that reports and publications be transferred, and that the Department for Libraries and Archives promulgate regulations establishing transfer procedures. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

725 KAR 1:050. Records management program.

The proposed amendment to this administrative regulation updates the responsibilities of the department in the administration of records management programs and the administration of grant money. It updates the name of the Archives and Records Management Division. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute facilitates the establishment of records management programs by the department and the administration of grant money. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

725 KAR 1:061. Records retention schedules; authorized schedules.

The proposed amendment to this administrative regulation updates agency names, document titles, and retention decisions. This amendment is necessary to ensure the regulation is current and up-to-date. The authorizing statute requires the schedules be created for public agency records. The amendment of the regulation will ensure that agencies have the most complete information in carrying out their records management programs.

Materials Incorporated by Reference

State agency retention schedules found here: https://kdla.ky.gov/records/recretentionschedules/Pages/stateschedules.aspx

Local agency retention schedules found here: https://kdla.ky.gov/records/recretentionschedules/Pages/LocalRecordsSchedules.aspx

"Records Retention Schedule, General Schedule for State Agencies", 2014;

"Records Retention Schedule, General Schedule for Electronic and Related Records", 2014;

"Records Retention Schedule, Department of Agriculture", 2014;

"Records Retention Schedule, Auditor of Public Accounts", 2014;

"Records Retention Schedule, Economic Development Cabinet", 2014;

"Records Retention Schedule, Education and Workforce Development Cabinet", 2014;

"Records Retention Schedule, Energy and Environment Cabinet", 2014; 

"Records Retention Schedule, Finance and Administration Cabinet", 2014; 

"Records Retention Schedule, General Government", 2014; 

"Records Retention Schedule, Office of the Governor", 2014; 

"Records Retention Schedule, Cabinet for Health and Family Services", 2014

"Records Retention Schedule, Justice and Public Safety Cabinet", 2014

"Records Retention Schedule, Department of Law", 2014

"Records Retention Schedule, Labor Cabinet", 2014

"Records Retention Schedule, Legislative Branch", 2014

"Records Retention Schedule, Office of the Lieutenant Governor", 2014

"Records Retention Schedule, Personnel Cabinet", 2014

"Records Retention Schedule, Public Protection Cabinet", 2014

"Records Retention Schedule, Office of the Secretary of State", 2014

"Records Retention Schedule, Tourism, Arts and Heritage Cabinet", 2014 

"Records Retention Schedule, Transportation Cabinet", 2014

"Records Retention Schedule, Department of the Treasury", 2014 

"Records Retention Schedule, State University Model", 2014

"Records Retention Schedule, Local Government General Records", 2014

"Records Retention Schedule, Area Development District", 2014

"Records Retention Schedule, County Attorney", 2014

"Records Retention Schedule, County Clerk", 2014

"Records Retention Schedule, County Coroner", 2014 

"Records Retention Schedule, County Judge Executive", 2014 

"Records Retention Schedule, County Sheriff", 2014

"Records Retention Schedule, County Treasurer", 2014

"Records Retention Schedule, County Jailer", 2014

"Records Retention Schedule, Lexington Fayette Urban County Government", 2014

"Records Retention Schedule, Public Library and Library Board", 2014

"Records Retention Schedule, Local Health Department", 2014

​"Records Retention Schedule, Louisville Metro Government", 2014

"Records Retention Schedule, Municipal Government", 2014

"Records Retention Schedule, Public School District (K-12/Central Office)", 2014

​"Records Retention Schedule, Kenton County Airport Board", 2014.​


725 KAR 2:015. Public library facilities construction.

The proposed amendment defines a written building program. It requires a prescribed local match. This amendment outlines how the state librarian renders decision for an appeal.  It also updates the name of the Division of Library Services. The amended regulation will help ensure equity and transparency in the grant process in so far as local participation and recipient selection, clearing ambiguities that exist in current regulation. The authorizing statute requires the department to promulgate regulations relating to the application process; the criteria and method for selection projects for assistance; the level of local participation and the process to be followed in the construction or renovation of local public library facilities. The amendment will provide essential guidance for the grant selection committee and ensure that all applicants and proposed projects are treated fairly and equitably. Clarity gained in the regulation should also speed the grant review process.

Material Incorporated by Reference

Memorandum of Agreement

Notice of Intent to Apply for State Fiscal Year

Public Library Facility Construction (PLFC) Fund Application for Fiscal Year ____ Construction Grants


725 KAR 2:080. Interstate Library Compact.

The proposed amendment updates the times that the Department for Libraries and Archives is open to the public to allow for the viewing of the material incorporated by reference which is the Interstate Library Compact. The amended regulation will help ensure accurate accessibility information to all. The amended regulation reflects the actual times that the facility is open to the public. This provides transparency, improves public service, and allows staff time to perform non-public duties.

Material Incorporated by Reference

Interstate Library Compact