13A.330 Notification of finding of deficiency -- Governor's determination after
381 words·~2 min read·
/ky/13a-330A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
finding of deficiency.
(a)If a filed ordinary administrative regulation has been found deficient, the
legislative committee shall transmit to the Governor and the regulations
compiler:
1. A copy of the finding of deficiency and other relevant findings,
recommendations, or comments; and
2. A request that the Governor determine whether the administrative
regulation shall:
a. Be withdrawn;
b. Be amended at a legislative committee meeting pursuant to
KRS 13A.320 to conform to the finding of deficiency; or
c. Become effective pursuant to the provisions of this section
notwithstanding the finding of deficiency.
(b)The Governor shall transmit his or her determination to the Commission
and the regulations compiler.
(c)A filed ordinary administrative regulation that has been found deficient
shall be considered as adopted and become effective after:
1. a. The review period established in this chapter has been
completed; and
b. The regulations compiler has received the Governor's
determination that the administrative regulation shall become
effective pursuant to the provisions of this section
notwithstanding the finding of deficiency; or
2. The legislative committee that found the filed administrative
regulation deficient subsequently determines that it is not deficient in
accordance with KRS 13A.335, provided that this determination was
made prior to receipt by the regulations compiler of the Governor's
determination.
(a)If an emergency administrative regulation has been found deficient, the
legislative committee finding it deficient shall transmit to the Governor and
the regulations compiler:
1. A copy of the finding of deficiency and other relevant findings,
recommendations, or comments; and
2. A request that the Governor determine whether the emergency
administrative regulation shall:
a. Be withdrawn;
b. Be amended at a legislative committee meeting pursuant to
KRS 13A.320 to conform to the finding of deficiency; or
c. Remain effective as established in KRS 13A.190(4)
notwithstanding the finding of deficiency.
(b)The Governor shall transmit his or her determination to the Commission
and the regulations compiler.
(c)The legislative committee that found the emergency administrative
regulation deficient may subsequently determine that it is not deficient in
accordance with KRS 13A.335.
(3)If an effective ordinary administrative regulation has been found deficient by a
legislative committee, the legislative committee shall transmit to the Governor a
copy of its finding of deficiency and other findings, recommendations, or
comments it deems appropriate.