Ky. Rev. Stat. § 13A.315

Current through 2024 Ky. Acts ch.225

Section 13A.315 - Expiration and withdrawal of administrative regulation prior to review by legislative committee - Effect of noncompliance with chapter - Withdrawal of deficient administrative regulation upon Governor's notification

(1) An administrative regulation shall expire and shall not be reviewed by a legislative committee if:

(a) It has not been reviewed or approved by the official or administrative body with authority to review or approve;

(b) The statement of consideration and, if applicable, the amended after comments version are not filed on or before a deadline specified by this chapter;

(c) The administrative body has failed to comply with the provisions of this chapter governing the filing of administrative regulations, the public hearing and public comment period, or the statement of consideration; or

(d) The administrative regulation is deferred pursuant to KRS 13A.300(2) more than twelve (12) times.

(2)

(a) An administrative regulation that has been found deficient by a legislative committee shall be withdrawn immediately if, pursuant to KRS 13A.330, the Governor has determined that it shall be withdrawn.

(b) The Governor shall notify the regulations compiler in writing and by telephone that he or she has determined that the administrative regulation found deficient shall be withdrawn.

(c) The written withdrawal of an administrative regulation governed by the provisions of this subsection shall be made in a letter to the regulations compiler in the following format: "Pursuant to KRS 13A.330, I have determined that (administrative regulation number and title) shall be (withdrawn, or withdrawn and amended to conform to the finding of deficiency, as applicable). The administrative regulation, (administrative regulation number and title), is hereby withdrawn."

(d) An administrative regulation governed by the provisions of this subsection shall be considered withdrawn upon receipt by the regulations compiler of the written withdrawal.

KRS 13A.315

Effective: February 2, 2021

Amended 2021 Ky. Acts ch. 7, sec. 15, effective February 2, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 12, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 82, sec. 30, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 138, sec. 14, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 100, sec. 20, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 24, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 350, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 24, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 516, sec. 1, effective July 13, 1990.

Amended by 2021 Ky. Acts ch. 7,§ 15, eff. 2/2/2021.

Amended by 2019 Ky. Acts ch. 192,§ 12, eff. 6/26/2019.

Amended by 2016 Ky. Acts ch. 82,§ 30, eff. 7/14/2016.

Amended by 2012 Ky. Acts ch. 138,§ 14, eff. 7/11/2012.

Amended 2005, Ky. Acts ch. 100, sec. 20, effective 6/20/2005. -- Amended 2000, Ky. Acts ch. 406, sec. 24, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 350, sec. 1, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 410, sec. 24, effective 7/15/1994. -- Created 1990 Ky. Acts ch. 516, sec. 1, effective 7/13/1990.