Kentucky Statutes 13A.335 – Reasons administrative regulation found deficient shall not be considered deficient — Notice
Current as of: 2024 | Check for updates
|
Other versions
(1) (a) A filed administrative regulation found deficient by a legislative committee shall not be considered deficient if:
1. A subsequent amendment of that administrative regulation is filed with the Commission by the administrative body;
2. The legislative committee that found the administrative regulation deficient approves a motion that the subsequent amendment corrects the deficiency; and
3. Any legislative committee that reviews the administrative regulation under the provisions of KRS Chapter 13A finds that the administrative regulation is not deficient.
(b) A filed administrative regulation found deficient by the Administrative
Regulation Review Subcommittee shall not be considered deficient if:
1. The administrative regulation is amended to correct the deficiency at a meeting of the legislative committee to which it was assigned by the Commission;
2. That legislative committee does not determine that the administrative regulation is deficient for any other reason; and
3. The Administrative Regulation Review Subcommittee approves a motion that the deficiency has been corrected and that the administrative regulation should not be considered deficient.
(c) A filed administrative regulation found deficient by a legislative committee with subject matter jurisdiction shall not be considered deficient if the legislative committee:
1. Reconsiders the administrative regulation and its finding of deficiency; and
2. Approves a motion that the administrative regulation is not deficient. (d) If an amendment to an effective administrative regulation is going through
the KRS Chapter 13A promulgation process and is found deficient by a
legislative committee, the administrative regulation shall not be considered deficient if the:
1. Administrative regulation was found deficient due to the amendment;
2. Promulgating administrative body has withdrawn the proposed amendment of the existing administrative regulation; and
3. Regulations compiler has not received the Governor’s determination pursuant to KRS § 13A.330.
(2) If an effective administrative regulation is found deficient by a legislative committee, the administrative regulation shall not be considered deficient if the legislative committee:
(a) Reconsiders the administrative regulation and its finding of deficiency;
and
(b) Approves a motion that the administrative regulation is not deficient.
(3) (a) If an administrative regulation has been found deficient by a legislative committee, the regulations compiler shall add the following notice to the administrative regulation: “This administrative regulation was found deficient by the name of legislative committee on date.” This notice shall be the last section of the administrative regulation.
(b) If an administrative regulation has been found deficient by a legislative committee, subsequent amendments of that administrative regulation filed with the Commission shall contain the notice provided in paragraph (a) of this subsection.
(c) If an administrative regulation that has been found deficient by a legislative committee has subsequently been determined not to be deficient under the provisions of this section, the regulations compiler shall delete the notice required by paragraph (a) of this subsection.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 19, effective February 2, 2021. — Amended 2019 Ky. Acts ch. 192, sec. 15, effective June 27, 2019. — Amended
2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. — Amended 1998 Ky. Acts ch.
350, sec. 3, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 180, sec. 19, effective July 15, 1996. — Created 1990 Ky. Acts ch. 516, sec. 5, effective July
13, 1990.
1. A subsequent amendment of that administrative regulation is filed with the Commission by the administrative body;
Terms Used In Kentucky Statutes 13A.335
- 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
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commission: means the Legislative Research Commission. See Kentucky Statutes 13A.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legislative committee: means an interim joint committee, a House or Senate standing committee, a statutory committee, or a subcommittee of the Legislative Research Commission. See Kentucky Statutes 13A.010
- Subcommittee: means the Administrative Regulation Review Subcommittee of the Legislative Research Commission. See Kentucky Statutes 13A.010
2. The legislative committee that found the administrative regulation deficient approves a motion that the subsequent amendment corrects the deficiency; and
3. Any legislative committee that reviews the administrative regulation under the provisions of KRS Chapter 13A finds that the administrative regulation is not deficient.
(b) A filed administrative regulation found deficient by the Administrative
Regulation Review Subcommittee shall not be considered deficient if:
1. The administrative regulation is amended to correct the deficiency at a meeting of the legislative committee to which it was assigned by the Commission;
2. That legislative committee does not determine that the administrative regulation is deficient for any other reason; and
3. The Administrative Regulation Review Subcommittee approves a motion that the deficiency has been corrected and that the administrative regulation should not be considered deficient.
(c) A filed administrative regulation found deficient by a legislative committee with subject matter jurisdiction shall not be considered deficient if the legislative committee:
1. Reconsiders the administrative regulation and its finding of deficiency; and
2. Approves a motion that the administrative regulation is not deficient. (d) If an amendment to an effective administrative regulation is going through
the KRS Chapter 13A promulgation process and is found deficient by a
legislative committee, the administrative regulation shall not be considered deficient if the:
1. Administrative regulation was found deficient due to the amendment;
2. Promulgating administrative body has withdrawn the proposed amendment of the existing administrative regulation; and
3. Regulations compiler has not received the Governor’s determination pursuant to KRS § 13A.330.
(2) If an effective administrative regulation is found deficient by a legislative committee, the administrative regulation shall not be considered deficient if the legislative committee:
(a) Reconsiders the administrative regulation and its finding of deficiency;
and
(b) Approves a motion that the administrative regulation is not deficient.
(3) (a) If an administrative regulation has been found deficient by a legislative committee, the regulations compiler shall add the following notice to the administrative regulation: “This administrative regulation was found deficient by the name of legislative committee on date.” This notice shall be the last section of the administrative regulation.
(b) If an administrative regulation has been found deficient by a legislative committee, subsequent amendments of that administrative regulation filed with the Commission shall contain the notice provided in paragraph (a) of this subsection.
(c) If an administrative regulation that has been found deficient by a legislative committee has subsequently been determined not to be deficient under the provisions of this section, the regulations compiler shall delete the notice required by paragraph (a) of this subsection.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 7, sec. 19, effective February 2, 2021. — Amended 2019 Ky. Acts ch. 192, sec. 15, effective June 27, 2019. — Amended
2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. — Amended 1998 Ky. Acts ch.
350, sec. 3, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 180, sec. 19, effective July 15, 1996. — Created 1990 Ky. Acts ch. 516, sec. 5, effective July
13, 1990.