13A.290 Review by Administrative Regulation Review Subcommittee -- Review by
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legislative committee.
(a)Except as provided by KRS 158.6471 and 158.6472, the Administrative
Regulation Review Subcommittee shall meet monthly to review
administrative regulations prior to close of business on the fifteenth day of the
calendar month.
(b)The agenda shall:
1. Include each administrative regulation that completed the public
comment process;
2. Include each administrative regulation for which a statement of
consideration was received on or before 12 noon, eastern time, on the
fifteenth day of the prior calendar month;
3. Include each effective administrative regulation or administrative
regulation filed with the Commission that the subcommittee has decided
to review pursuant to KRS 13A.030(3);
4. Include each administrative regulation required to be on the agenda
pursuant to KRS 13A.030(4);
5. Include each administrative regulation that was deferred from the prior
month's meeting of the subcommittee; and
6. Not include an administrative regulation that is deferred, withdrawn,
expired, or automatically taken off the agenda under the provisions of
this chapter, unless it is being reviewed pursuant to KRS 13A.030(3) or
(4).
(c)Review of an administrative regulation shall include the entire administrative
regulation and all attachments filed with the administrative regulation. The
review of amendments to existing administrative regulations shall not be
limited to only the changes proposed by the promulgating administrative
body.
(2)The meetings shall be open to the public.
(3)Public notice of the time, date, and place of the Administrative Regulation Review
Subcommittee meeting shall be given in the Administrative Register.
(a)A representative of the administrative body for an administrative regulation
on the agenda shall be present to explain the administrative regulation and to
answer questions thereon.
(b)If a representative of an administrative body with authority to amend, defer,
and answer questions about a filed ordinary or emergency administrative
regulation that is on the agenda for full review fails to appear before the
subcommittee, the subcommittee may:
1. Defer the administrative regulation to the next regularly scheduled
meeting of the subcommittee; and
2. Make a determination pursuant to KRS 13A.030(2), (3), and
(4)or
13A.190(3).
(c)If a representative of an administrative body with authority to defer and
answer questions about an administrative regulation that was placed on the
agenda for informational review pursuant to KRS 13A.030(3) or
(4)fails to
appear before the subcommittee, the subcommittee may:
1. Defer the informational review of the administrative regulation to the
next regularly scheduled meeting of the subcommittee; and
2. Make a determination pursuant to KRS 13A.030(2), (3), and
(4)or
13A.190(3).
(5)Following the meeting and before the next regularly scheduled meeting of the
Commission, the Administrative Regulation Review Subcommittee shall forward to
the Commission its findings, recommendations, or other comments it deems
appropriate in writing. The Administrative Regulation Review Subcommittee's
findings shall be published in the Administrative Register.
(a)After review by the Administrative Regulation Review Subcommittee, the
Commission shall, on the first Wednesday of the following month, or if the
first Wednesday is a legal holiday, the next workday of the month:
1. Assign a filed administrative regulation to a legislative committee with
subject matter jurisdiction if the administrative regulation was on the
agenda for full review pursuant to subsection (1)(b)1., 2., or 5. of this
section; and
2. Not assign a filed administrative regulation to a legislative committee
with subject matter jurisdiction if the administrative regulation was
solely on the agenda for informational review pursuant to KRS
13A.030(3) or (4).
(b)Upon notification of the assignment by the Commission, the legislative
committee to which the administrative regulation is assigned shall notify the
regulations compiler:
1. Of the date, time, and place of the meeting at which it will consider the
administrative regulation; or
2. That it will not meet to consider the administrative regulation.
(a)Within ninety
(90)days of the assignment, the legislative committee may hold
a public meeting during which the administrative regulation shall be
reviewed.
(b)If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday,
the deadline for review shall be the workday following the Saturday, Sunday,
or holiday.
(c)1. If the administrative regulation is assigned to an interim joint committee
and a session of the General Assembly begins during the review period,
the assignment shall transfer to the Senate and House standing
committees with subject matter jurisdiction.
2. If the administrative regulation is assigned to Senate and House standing
committees and a session of the General Assembly adjourns sine die
during the review period, the assignment shall transfer to the interim
joint committee with subject matter jurisdiction.
3. An administrative regulation may be transferred more than one
(1)time
under this paragraph. A transfer shall not extend the review period
established by this subsection.
(d)Notice of the time, date, and place of the meeting shall be placed in the
legislative calendar.
(8)Except as provided in subsection
(9)of this section, a legislative committee shall be
empowered to make the same determinations and to exercise the same authority as
the Administrative Regulation Review Subcommittee, including all powers and
restrictions relating to informational reviews conducted under KRS 13A.030(3) or
(4).
(a)This subsection shall apply to ordinary and emergency administrative
regulations filed with the Commission and reviewed pursuant to subsection
(7)of this section.
(b)A majority of the entire membership of the legislative committee shall
constitute a quorum for purposes of reviewing administrative regulations.
(c)In order to amend an administrative regulation pursuant to KRS 13A.320,
defer an administrative regulation pursuant to KRS 13A.300, or find an
administrative regulation deficient pursuant to KRS 13A.030(2), (3), or
(4)or
13A.190(3), the motion to amend, defer, or find deficient shall be approved by
a majority of the entire membership of the legislative committee.
Additionally, during a session of the General Assembly, standing committees
of the Senate and House of Representatives shall agree in order to amend an
administrative regulation, defer an administrative regulation, or find an
administrative regulation deficient by:
1. Meeting separately; or
2. Meeting jointly. If the standing committees meet jointly, it shall require
a majority vote of Senate members voting and a majority of House
members voting, as well as the majority vote of the entire membership
of the standing committees meeting jointly, in order to take action on the
administrative regulation.
(a)The quorum requirements of subsection (9)(b) of this section shall apply to an
effective or filed administrative regulation that is under informational review
by a legislative committee pursuant to subsection
(8)of this section and KRS
13A.030(3) or (4).
(b)A motion to defer the informational review of an administrative regulation or
find the administrative regulation deficient shall be approved by:
1. A majority of the entire membership of the Administrative Regulation
Review Subcommittee; or
2. A legislative committee in accordance with subsection (9)(c) of this
section.
(a)Upon adjournment of the meeting at which a legislative committee has
considered an administrative regulation pursuant to subsection
(7)or
(10)of
this section, the legislative committee shall inform the regulations compiler of
its findings, recommendations, or other action taken on the administrative
regulation.
(b)Following the meeting and before the next regularly scheduled meeting of the
Commission, the legislative committee shall forward to the Commission its
findings, recommendations, or other comments it deems appropriate in
writing. The legislative committee's findings shall be published in the
Administrative Register.