13A.030 Duties of subcommittee.
519 words·~2 min read·
/ky/chapter-13a/13a-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Administrative Regulation Review Subcommittee shall:
(a)Conduct a continuous study as to whether additional legislation or changes in
legislation are needed based on various factors, including but not limited to
review of new, emergency, and existing administrative regulations, the lack of
administrative regulations, and the needs of administrative bodies;
(b)Except as provided by KRS 158.6471 and 158.6472, review and comment
upon effective administrative regulations pursuant to subsections (2), (3), and
(4)of this section or administrative regulations filed with the Commission;
(c)Make recommendations for changes in statutes, new statutes, repeal of
statutes affecting administrative regulations or the ability of administrative
bodies to promulgate them; and
(d)Conduct such other studies relating to administrative regulations as may be
assigned by the Commission.
(2)The subcommittee may make a determination:
(a)That an effective administrative regulation or an administrative regulation
filed with the Commission is deficient because it:
1. Is wrongfully promulgated;
2. Appears to be in conflict with an existing statute;
3. Appears to have no statutory authority for its promulgation;
4. Appears to impose stricter or more burdensome state requirements than
required by the federal mandate, without reasonable justification;
5. Fails to use tiering when tiering is applicable;
6. Is in excess of the administrative body's authority;
7. Appears to impose an unreasonable burden on government or small
business, or both;
8. Is filed as an emergency administrative regulation without adequate
justification of the emergency nature of the situation as described in
KRS 13A.190(1);
9. Has not been noticed in conformance with the requirements of KRS
13A.270(3);
10. Does not provide an adequate cost analysis pursuant to KRS 13A.250;
11. Violates KRS 13A.105;
12. Was the subject of the subcommittee's instruction to an administrative
body to appear under subsection
(4)of this section and the
administrative body failed to:
a. Appear;
b. Make a good-faith effort to answer subcommittee questions; or
c. Provide any information or data required by the subcommittee; or
13. Appears to be deficient in any other manner;
(b)That an administrative regulation is needed to implement an existing statute;
or
(c)That an administrative regulation should be amended or repealed.
(3)The subcommittee may conduct an informational review of an effective
administrative regulation or an administrative regulation filed with the Commission
if requested by a member of the subcommittee.
(a)The subcommittee may require any administrative body to appear before it to
answer questions or submit data and information as required by the
subcommittee in the performance of its duties under this chapter, and no
administrative body shall fail to:
1. Appear before the subcommittee;
2. Make a good-faith effort to answer subcommittee questions;
3. Provide any information or data required by the subcommittee; or
4. Perform any combination of subparagraphs 1., 2., and 3. of this
paragraph required by the subcommittee.
(b)Either co-chair of the subcommittee may require action by an administrative
body under paragraph
(a)of this subsection on behalf of the subcommittee.
(5)At least five
(5)calendar days before an informational review of an ordinary
administrative regulation, the subcommittee shall notify the affected administrative
body.