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13A.030 Duties of subcommittee.
(1)
(2)
(3)
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 administrative regulations submitted to it by 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.
The subcommittee may make a nonbinding determination:
(a) That an administrative regulation 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; or
8.
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(c) That an administrative regulation should be amended or repealed.
The subcommittee may require any administrative body to 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 provide the
information or data required.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. -Amended 2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 598, sec. 7, effective April 14, 1998. -- Amended 1994 Ky.
Acts ch. 410, sec. 5, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 89,
sec. 6, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 3,
effective April 13, 1984.
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