13A.335 Reasons administrative regulation found deficient shall not be considered
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/ky/13a-335A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
deficient -- Notice.
(a)A filed administrative regulation found deficient by a legislative committee
shall not be considered deficient if:
1. A subsequent amendment of that administrative regulation is filed with
the Commission by the administrative body;
2. The legislative committee that found the administrative regulation
deficient approves a motion that the subsequent amendment corrects the
deficiency; and
3. The administrative regulation is not found deficient by any other
legislative committee that reviews the administrative regulation under
the provisions of KRS Chapter 13A.
(b)A filed administrative regulation found deficient by the Administrative
Regulation Review Subcommittee shall not be considered deficient if:
1. The administrative regulation is amended to correct the deficiency at a
meeting of a legislative committee;
2. A legislative committee does not determine that the administrative
regulation is deficient for any other reason; and
3. The Administrative Regulation Review Subcommittee approves a
motion that the deficiency has been corrected and that the administrative
regulation should not be considered deficient.
(c)A filed administrative regulation found deficient by a legislative committee
shall not be considered deficient if the legislative committee:
1. Reconsiders the administrative regulation and its finding of deficiency;
and
2. Approves a motion that the administrative regulation is not deficient.
(d)If an amendment to an effective administrative regulation is going through the
KRS Chapter 13A promulgation process and is found deficient by a
legislative committee, the administrative regulation shall not be considered
deficient if the:
1. Administrative regulation was found deficient due to the amendment;
2. Promulgating administrative body has withdrawn the proposed
amendment of the existing administrative regulation; and
3. Regulations compiler has not received the Governor's determination
pursuant to KRS 13A.330.
(2)If an effective administrative regulation is found deficient by a legislative
committee, the administrative regulation shall not be considered deficient if the
legislative committee:
(a)Reconsiders the administrative regulation and its finding of deficiency; and
(b)Approves a motion that the administrative regulation is not deficient.
(a)If an administrative regulation has been found deficient by a legislative
committee, the regulations compiler shall add the following notice to the
administrative regulation: "This administrative regulation was found deficient
by the [name of legislative committee] on [date]." This notice shall be the last
section of the administrative regulation.
(b)If an administrative regulation has been found deficient by a legislative
committee, subsequent amendments of that administrative regulation filed
with the Commission shall contain the notice provided in paragraph
(a)of this
subsection.
(c)If an administrative regulation that has been found deficient by a legislative
committee has subsequently been determined not to be deficient under the
provisions of this section, the regulations compiler shall delete the notice
required by paragraph
(a)of this subsection.