13A.310 Repeal or permissive withdrawal of administrative regulation.
446 words·~2 min read·
/ky/chapter-13a/13a-310A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative
regulation, once adopted, cannot be withdrawn but shall be repealed if it is
desired that it no longer be effective.
(2)Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative
regulation, once adopted, cannot be suspended but shall be repealed if it is
desired to suspend its effect.
(a)An ordinary administrative regulation shall be repealed only by the
promulgation of an administrative regulation that:
1. Is titled "Repeal of (state number of administrative regulation to be
repealed)";
2. Contains the reasons for repeal in the "NECESSITY, FUNCTION,
AND CONFORMITY" paragraph;
3. Includes in the body of the administrative regulation, a citation to the
number and title of the administrative regulation or regulations being
repealed; and
4. Meets the filing and formatting requirements of KRS 13A.220.
(b)1. Except as provided in subparagraph 2. of this paragraph, on the
effective date of an administrative regulation that repeals an
administrative regulation, determined in accordance with KRS
13A.330 or 13A.331, the regulations compiler shall delete the
repealed administrative regulation and the repealing administrative
regulation from the Kentucky Administrative Regulations Service.
2. If the repealing administrative regulation specifies an effective date
that is after the administrative regulation would become effective
pursuant to KRS 13A.330 or 13A.331, the specified effective date
shall be considered the effective date of the repealing administrative
regulation. On the specified effective date, the regulations compiler
shall delete the repealed administrative regulation and the repealing
administrative regulation from the Kentucky Administrative
Regulations Service.
(c)An administrative body may repeal more than one
(1)administrative
regulation in an administrative regulation promulgated pursuant to
paragraph
(a)of this subsection if the administrative regulations being
repealed are contained in the same chapter of the Kentucky
Administrative Regulations Service.
(a)An ordinary administrative regulation may be withdrawn by the
promulgating administrative body at any time prior to its adoption.
(b)An ordinary administrative regulation that has been found deficient may
be withdrawn by the promulgating administrative body or by the Governor
at any time prior to its adoption.
(c)Once an ordinary administrative regulation is withdrawn, it shall not be
reinstated, except by repromulgation as a totally new matter.
(a)An emergency administrative regulation may be withdrawn by the
promulgating administrative body at any time prior to its expiration.
(b)An emergency administrative regulation that has been found deficient
may be withdrawn by the promulgating administrative body or by the
Governor at any time prior to its expiration.
(6)If an administrative regulation is withdrawn, the administrative body or the
Governor shall inform the regulations compiler of the reasons for withdrawal in
writing.