Kentucky Statutes 13A.338 – Legislative finding — Certain administrative regulations void — Prohibition against promulgating substantially similar regulations within specified time
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(1) The General Assembly finds that certain administrative regulations as evidenced by the records of the Legislative Research Commission, including but not limited to the Kentucky Administrative Regulations Service and the Administrative Register of Kentucky, were found deficient but became effective notwithstanding the finding of deficiency, pursuant to KRS § 13A.330, on or after March 27, 2002, and before March 16, 2004.
(2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, each administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 16, 2004.
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, any of the administrative regulations referenced in subsection (1) of this section for a period beginning on March 16, 2004, and concluding on June 1, 2005.
(4) A list of the administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission’s regulations compiler.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 21, effective February 2, 2021. — Created 2004 Ky. Acts ch. 11, sec. 1, effective March 16, 2004.
(2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, each administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of March 16, 2004.
Terms Used In Kentucky Statutes 13A.338
- Administrative body: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity, except the General Assembly and the Court of Justice, authorized by law to promulgate administrative regulations. See Kentucky Statutes 13A.010
- Administrative regulation: means each 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. See Kentucky Statutes 13A.010
- Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, any of the administrative regulations referenced in subsection (1) of this section for a period beginning on March 16, 2004, and concluding on June 1, 2005.
(4) A list of the administrative regulations referenced in subsection (1) of this section shall be available to the public, in the office of the Legislative Research Commission’s regulations compiler.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 21, effective February 2, 2021. — Created 2004 Ky. Acts ch. 11, sec. 1, effective March 16, 2004.