Kentucky Statutes 13A.339 – Unenforceability of certain administrative regulations that became effective notwithstanding finding of deficiency
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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 April 15, 2020, and before January 5, 2021, and were found deficient pursuant to KRS § 13A.336 including:
(a) 803 KAR 2:180, Labor Cabinet, Department of Workplace Standards, Recordkeeping, reporting, statistics;
(b) 921 KAR 3:025, Cabinet for Health and Family Services, Department for
Community Based Services, Technical requirements; and
(c) 921 KAR 3:025E, Cabinet for Health and Family Services, Department for
Community Based Services, Technical requirements, emergency.
(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 June 29, 2021.
(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 30, 2021, and concluding on June 1, 2022.
(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: June 29, 2021
History: Created 2021 Ky. Acts ch. 165, sec. 1, effective June 29, 2021.
(a) 803 KAR 2:180, Labor Cabinet, Department of Workplace Standards, Recordkeeping, reporting, statistics;
Terms Used In Kentucky Statutes 13A.339
- 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
(b) 921 KAR 3:025, Cabinet for Health and Family Services, Department for
Community Based Services, Technical requirements; and
(c) 921 KAR 3:025E, Cabinet for Health and Family Services, Department for
Community Based Services, Technical requirements, emergency.
(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 June 29, 2021.
(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 30, 2021, and concluding on June 1, 2022.
(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: June 29, 2021
History: Created 2021 Ky. Acts ch. 165, sec. 1, effective June 29, 2021.