13A.120 Promulgation of administrative regulations -- Prohibitions concerning
339 words·~2 min read·
/ky/13a-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
promulgations.
(a)An administrative body may promulgate administrative regulations to
implement a statute only when the act of the General Assembly creating or
amending the statute specifically authorizes the promulgation of
administrative regulations or administrative regulations are required by federal
law, in which case administrative regulations shall be no more stringent than
the federal law or regulations.
(b)An administrative body that promulgates an administrative regulation required
by federal law or federal regulation shall comply with the provisions of this
chapter.
(2)An administrative body shall not promulgate administrative regulations:
(a)When a statute prohibits the administrative body from promulgating
administrative regulations;
(b)When the administrative body is not authorized by statute to promulgate
administrative regulations;
(c)When a statute prohibits the administrative body from regulation of that
particular matter;
(d)When the administrative body is not authorized by statute to regulate that
particular matter;
(e)When a statute prescribes the same or similar procedure for the matter
regulated;
(f)When a statute sets forth a comprehensive scheme of regulation of the
particular matter;
(g)On any matter that is not clearly within the jurisdiction of the administrative
body;
(h)On any matter that is beyond the statutory authorization of the administrative
body to promulgate administrative regulations or that is not clearly authorized
by statute; and
(i)That modify or vitiate a statute or its intent.
(3)If a statute requires an administrative body or official to submit an administrative
regulation to an official or administrative body for review or approval prior to filing
the administrative regulation with the commission, the administrative body or
official shall not file the administrative regulation without first having obtained the
review or approval.
(4)Any administrative regulation in violation of this section or the spirit thereof is null,
void, and unenforceable.
(5)No administrative body, other than the Court of Justice, shall issue rules.
(6)No administrative body shall issue standards or by any other name issue a document
of any type where an administrative regulation is required or authorized by law.