13A.337 Legislative finding -- Certain administrative regulations void --
423 words·~2 min read·
/ky/13a-337A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prohibition against promulgating substantially similar regulations -- Judicial
review.
(1)The General Assembly finds that certain administrative regulations, as evidenced by
the records of the Legislative Research Commission, including but not limited to
the Kentucky Administrative Regulations Service and the Administrative Register
of Kentucky, were found deficient on or after July 15, 1988, and either expired prior
to or upon adjournment of the 2001 General Assembly, or were scheduled to expire
upon adjournment of the 2002 Regular Session of the General Assembly, under the
provisions of KRS Chapter 13A as existing before the issuance of the Opinion and
Order of the Franklin Circuit Court in Patton v. Sherman et al., Civil Action No. 01-
CI-00660, entered January 11, 2002.
(2)Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding, the administrative regulations identified in subsection
(1)of this
section shall be null, void, and unenforceable, as follows:
(a)Those administrative regulations identified in subsection
(1)of this section
which expired prior to or upon adjournment of the 2001 Regular Session of
the General Assembly under the provisions of KRS Chapter 13A existing
before the issuance of the court order referenced in subsection
(1)of this
section shall be null, void, and unenforceable as of their recorded date of
expiration, according to the records of the Legislative Research Commission.
Administrative bodies and regulated persons and entities have relied on the
assumption that these administrative regulations have previously expired;
therefore, this subsection shall have the retroactive effect necessary to
implement its provisions; and
(b)Those administrative regulations identified in subsection
(1)of this section
due to expire upon adjournment of the 2002 Regular Session of the General
Assembly, under the provisions of KRS Chapter 13A existing before the
issuance of the court order referenced in subsection
(1)of this section, shall be
null, void, and unenforceable on March 27, 2002.
(3)Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding, an administrative body shall be prohibited from promulgating an
administrative regulation that is identical to or substantially the same as any
administrative regulation identified in subsection
(1)of this section for a period
beginning on January 11, 2002, and concluding upon adjournment of the 2003
Regular Session of the General Assembly. This subsection shall have the retroactive
effect necessary to implement its provisions.
(4)The Legislative Research Commission may file an action in the Franklin Circuit
Court for judicial review to determine if any administrative regulation is lawfully
promulgated in accordance with the laws and Constitution of the Commonwealth of
Kentucky.