Kentucky Statutes 13A.030 – Duties of subcommittee
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(1) The Administrative Regulation Review Subcommittee shall:
(a) Conduct a continuous study as to whether additional legislation or changes in legislation are needed based on various factors, including, but not limited to, review of new, emergency, and existing administrative regulations, the lack of administrative regulations, and the needs of administrative bodies;
(b) Except as provided by KRS § 158.6471 and 158.6472, review and comment upon effective administrative regulations pursuant to subsections (2), (3), and (4) of this section or administrative regulations filed with the Commission;
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes affecting administrative regulations or the ability of administrative bodies to promulgate them; and
(d) Conduct such other studies relating to administrative regulations as may be assigned by the Commission.
(2) The subcommittee may make a determination:
(a) That an effective administrative regulation or an administrative regulation filed with the Commission is deficient because it:
1. Is wrongfully promulgated;
2. Appears to be in conflict with an existing statute;
3. Appears to have no statutory authority for its promulgation;
4. Appears to impose stricter or more burdensome state requirements than required by the federal mandate, without reasonable justification;
5. Fails to use tiering when tiering is applicable;
6. Is in excess of the administrative body‘s authority;
7. Appears to impose an unreasonable burden on government or small business, or both;
8. Is filed as an emergency administrative regulation without adequate justification of the emergency nature of the situation as described in KRS § 13A.190(1);
9. Has not been noticed in conformance with the requirements of KRS
13A.270(3);
10. Does not provide an adequate cost analysis pursuant to KRS
13A.250; or
11. Appears to be deficient in any other manner;
(b) That an administrative regulation is needed to implement an existing statute; or
(c) That an administrative regulation should be amended or repealed.
(3) The subcommittee may review an effective administrative regulation if requested by a member of the subcommittee.
(4) The subcommittee may require any administrative body to submit data and
information as required by the subcommittee in the performance of its duties under this chapter, and no administrative body shall fail to provide the information or data required.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 207, sec. 4, effective April 14, 2022. — Amended 2021 Ky. Acts ch. 7, sec. 2, effective February 2, 2021. — Amended
2019 Ky. Acts ch. 192, sec. 2, effective June 27, 2019. — Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. — Amended 2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 598, sec. 7, effective April 14, 1998. — Amended 1994 Ky. Acts ch. 410, sec. 5, effective July
15, 1994. — Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, 1986. — Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 207, sec. 4. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.
(a) Conduct a continuous study as to whether additional legislation or changes in legislation are needed based on various factors, including, but not limited to, review of new, emergency, and existing administrative regulations, the lack of administrative regulations, and the needs of administrative bodies;
Terms Used In Kentucky Statutes 13A.030
- 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
- Federal mandate: means any federal constitutional, legislative, or executive law or order that requires or permits any administrative body to engage in regulatory activities that impose compliance standards, reporting requirements, recordkeeping, or similar responsibilities upon entities in the Commonwealth. See Kentucky Statutes 13A.010
- promulgated: means that an administrative regulation, or other document required to be filed by this chapter, has been submitted to the Commission in accordance with this chapter. See Kentucky Statutes 13A.010
- Small business: means a business entity, including its affiliates, that: (a) Is independently owned and operated. See Kentucky Statutes 13A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Subcommittee: means the Administrative Regulation Review Subcommittee of the Legislative Research Commission. See Kentucky Statutes 13A.010
- Tiering: means the tailoring of regulatory requirements to fit the particular circumstances surrounding regulated entities. See Kentucky Statutes 13A.010
(b) Except as provided by KRS § 158.6471 and 158.6472, review and comment upon effective administrative regulations pursuant to subsections (2), (3), and (4) of this section or administrative regulations filed with the Commission;
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes affecting administrative regulations or the ability of administrative bodies to promulgate them; and
(d) Conduct such other studies relating to administrative regulations as may be assigned by the Commission.
(2) The subcommittee may make a determination:
(a) That an effective administrative regulation or an administrative regulation filed with the Commission is deficient because it:
1. Is wrongfully promulgated;
2. Appears to be in conflict with an existing statute;
3. Appears to have no statutory authority for its promulgation;
4. Appears to impose stricter or more burdensome state requirements than required by the federal mandate, without reasonable justification;
5. Fails to use tiering when tiering is applicable;
6. Is in excess of the administrative body‘s authority;
7. Appears to impose an unreasonable burden on government or small business, or both;
8. Is filed as an emergency administrative regulation without adequate justification of the emergency nature of the situation as described in KRS § 13A.190(1);
9. Has not been noticed in conformance with the requirements of KRS
13A.270(3);
10. Does not provide an adequate cost analysis pursuant to KRS
13A.250; or
11. Appears to be deficient in any other manner;
(b) That an administrative regulation is needed to implement an existing statute; or
(c) That an administrative regulation should be amended or repealed.
(3) The subcommittee may review an effective administrative regulation if requested by a member of the subcommittee.
(4) The subcommittee may require any administrative body to submit data and
information as required by the subcommittee in the performance of its duties under this chapter, and no administrative body shall fail to provide the information or data required.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 207, sec. 4, effective April 14, 2022. — Amended 2021 Ky. Acts ch. 7, sec. 2, effective February 2, 2021. — Amended
2019 Ky. Acts ch. 192, sec. 2, effective June 27, 2019. — Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. — Amended 2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 598, sec. 7, effective April 14, 1998. — Amended 1994 Ky. Acts ch. 410, sec. 5, effective July
15, 1994. — Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, 1986. — Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 207, sec. 4. Under Section 5 of that Act, the Act shall be known and may be cited as the Kentucky REINS Act, or the Kentucky Regulations from the Executive in Need of Scrutiny Act.