13A.300 Request by promulgating administrative body to defer consideration of
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/ky/13a-300A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
administrative regulation -- Consideration of deferred administrative
regulation -- Informational review of deferred administrative regulation --
Limitation on number of deferrals -- Failure of representative of
administrative body to appear before legislative committee.
(1)The administrative body that promulgated an administrative regulation may request
that consideration of the administrative regulation be deferred by a legislative
committee.
(2)The deferral of an administrative regulation scheduled for full review by the
Administrative Regulation Review Subcommittee pursuant to KRS
13A.290(1)(b)1., 2., or 5. shall be governed by KRS 13A.020(4) and the following:
(a)A request for deferral of an ordinary administrative regulation filed with the
Commission shall be automatically granted if:
1. The administrative body submits a written letter to the regulations
compiler; and
2. The letter is received by 12 noon, eastern time, at least five
(5)calendar
days prior to the subcommittee meeting;
(b)A request for deferral of an emergency administrative regulation may be
granted if:
1. The administrative body submits a written letter to the regulations
compiler;
2. The letter is received prior to the subcommittee meeting; and
3. Approved by the co-chairs of the Administrative Regulation Review
Subcommittee;
(c)A request for deferral may be granted at the discretion of the subcommittee if
the request is made by the administrative body orally at a meeting of the
subcommittee;
(d)The subcommittee may request that consideration of an administrative
regulation be deferred by the promulgating administrative body. Upon receipt
of the request, the promulgating administrative body may agree to defer
consideration of the administrative regulation;
(e)Except as provided in paragraph
(g)of this subsection, an administrative
regulation that has been deferred for full review shall be placed on the agenda
of the next scheduled meeting of the subcommittee. The subcommittee shall
consider the administrative regulation as if it had met all other requirements of
filing. Repromulgation shall not be required in those cases;
(f)1. A filed administrative regulation deferred under this subsection may still
be placed on the agenda pursuant to KRS 13A.030(3) or
(4)for
informational review.
2. If a filed administrative regulation is placed on the agenda pursuant to
subparagraph 1. of this paragraph, the full review of the filed
administrative regulation shall still be deferred in accordance with this
subsection; and
(g)An administrative regulation shall not be deferred under this subsection more
than twelve
(12)times.
(3)The deferral of an informational review for an administrative regulation scheduled
by the Administrative Regulation Review Subcommittee pursuant to KRS
13A.290(1)(b)3. or 4. shall be governed by KRS 13A.020(4) and the following:
(a)A request to defer an informational review for an administrative regulation
that was placed on the subcommittee's agenda may be granted if:
1. The administrative body submits a written letter to the regulations
compiler;
2. The letter is received prior to the subcommittee meeting; and
3. Approved by the co-chairs of the Administrative Regulation Review
Subcommittee;
(b)A request for deferral may be granted at the discretion of the subcommittee if
the request is made by the administrative body orally at a meeting of the
subcommittee; and
(c)An informational review for an administrative regulation that is deferred may
be placed on the agenda of the next scheduled meeting of the subcommittee.
(a)The deferral of a filed ordinary or emergency administrative regulation
assigned to a second legislative committee or committees for full review
pursuant to KRS 13A.290(6) and
(7)shall be governed by this subsection and
the voting requirements of KRS 13A.290(9).
(b)A request for deferral may be granted if:
1. The administrative body submits a written letter to the regulations
compiler;
2. The letter is received:
a. Prior to the legislative committee meeting for an emergency
administrative regulation; or
b. By 12 noon, eastern time, at least five
(5)calendar days prior to
the legislative committee meeting for an ordinary administrative
regulation; and
3. Approved by the presiding chair or chairs.
(c)A request for deferral may be granted at the discretion of the second
legislative committee if the request is made by the administrative body orally
at a meeting of the legislative committee.
(d)1. At a meeting of a legislative committee, the legislative committee may
request that consideration of an administrative regulation be deferred by
the administrative body. Upon receipt of the request, the administrative
body may agree to defer consideration of the administrative regulation.
2. An administrative regulation that is deferred for full review may be
placed on a subsequent agenda of the legislative committee or
committees within the review period.
3. Except as provided by subparagraph 4. of this paragraph, if a filed
ordinary administrative regulation that has been deferred for full review
is not placed on a subsequent agenda within the review period, the
administrative regulation shall take effect at the expiration of the review
period.
4. a. If requested by the administrative body, an administrative
regulation may be deferred beyond the review period for an
additional ninety
(90)days if the deferral is requested and
approved as established by paragraphs
(b)and
(c)of this
subsection.
b. If a filed ordinary administrative regulation that has been deferred
is not placed on a subsequent agenda within the additional ninety
(90)days, the administrative regulation shall take effect at the
expiration of the additional ninety
(90)days.
(e)1. A filed administrative regulation deferred under this subsection may still
be placed on the agenda for informational review pursuant to KRS
13A.030(3) or
(4)and 13A.290(8).
2. If a filed administrative regulation is placed on the agenda pursuant to
subparagraph 1. of this paragraph, the full review of the filed
administrative regulation may be scheduled by the legislative committee
at a subsequent meeting during the ninety
(90)day review period.
(a)The deferral of an informational review for an administrative regulation
scheduled by a second legislative committee pursuant to KRS 13A.030(3) or
(4)and 13A.290(8) shall be governed by this subsection and the voting
requirements of KRS 13A.290(9).
(b)A request to defer an informational review for an administrative regulation
that was placed on the legislative committee's agenda may be granted if:
1. The administrative body submits a written letter to the regulations
compiler;
2. The letter is received prior to the legislative committee meeting; and
3. Approved by the presiding chair or chairs.
(c)A request for deferral of an informational review for an administrative
regulation may be granted at the discretion of the legislative committee if the
request is made by the administrative body orally at a meeting of the
legislative committee.
(d)An informational review for an administrative regulation that is deferred may
be placed on a subsequent agenda of the legislative committee.
(6)Except as provided by KRS 13A.290(4), 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 a legislative committee, the legislative committee in conformance
with KRS 13A.290(9) may:
(a)Defer the administrative regulation to a subsequent meeting of the legislative
committee within the review period; and
(b)Make a determination pursuant to KRS 13A.030(2), (3), and
(4)or
13A.190(3).
(7)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)and 13A.290(8) fails to
appear before the legislative committee, the legislative committee in conformance
with KRS 13A.290(9) may:
(a)Defer the informational review for the administrative regulation to a
subsequent meeting of the legislative committee; and
(b)Make a determination pursuant to KRS 13A.030(2), (3), and
(4)or
13A.190(3).
(8)An administrative regulation found deficient by a legislative committee may be
deferred in accordance with KRS 13A.020(4) and 13A.290 and this section.