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13A.290 Review by Administrative Regulation Review Subcommittee -Review by subject-matter subcommittee or standing committee.
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Except as provided by KRS 158.6471 and 158.6472, the Administrative
Regulation Review Subcommittee shall meet monthly to review administrative
regulations prior to close of business on the fifteenth day of the calendar
month. The agenda shall:
(a) Include each administrative regulation that was published in the prior
month's Administrative Register not including the administrative
regulations published in the "As Amended" section;
(b) Include each administrative regulation for which a statement of
consideration was received on or before 12 noon, eastern time, on the
fifteenth day of the prior calendar month;
(c) Include each administrative regulation that was deferred from the prior
month's meeting of the subcommittee; and
(d) Not include an administrative regulation that is deferred, withdrawn,
expired, or automatically taken off the agenda under the provisions of this
chapter.
The meetings shall be open to the public.
Public notice of the time, date, and place of the Administrative Regulation
Review Subcommittee meeting shall be given in the Administrative Register.
A representative of the administrative body promulgating the administrative
regulation under consideration shall be present to explain the administrative
regulation and to answer questions thereon. If a representative of the
administrative body with authority to amend the administrative regulation is not
present at the subcommittee meeting, the administrative regulation shall be
deferred to the next regularly scheduled meeting of the subcommittee.
Following the meeting and before the next regularly scheduled meeting of the
Commission, the Administrative Regulation Review Subcommittee shall
forward to the Commission its findings, recommendations, or other comments it
deems appropriate in writing. The Administrative Regulation Review
Subcommittee shall also forward to the Commission its findings,
recommendations, or other comments it deems appropriate on an existing
administrative regulation it has reviewed. One (1) copy thereof shall be sent to
the promulgating administrative body. The Administrative Regulation Review
Subcommittee's findings shall be published in the Administrative Register.
(a) After review by the Administrative Regulation Review Subcommittee, the
Commission shall, at its next regularly scheduled meeting, assign the
administrative regulation to:
1.
A subcommittee of appropriate jurisdiction over the subject matter of
the administrative regulation; or
2.
During a session of the General Assembly, the House of
Representatives and Senate standing committees of appropriate
jurisdiction over the subject matter of the administrative regulation.
(b) Upon notification of the assignment by the Commission, the legislative
subcommittee to which the administrative regulation is assigned shall
notify the regulations compiler:
1.
Of the date, time, and place of the meeting at which it will consider
the administrative regulation; or
2.
That it will not meet to consider the administrative regulation.
(7) Within thirty (30) days of the assignment, the subcommittee may hold a public
meeting during which the administrative regulation shall be reviewed. If the
thirtieth day of the assignment falls on a Saturday, Sunday, or holiday, the
deadline for review shall be the workday following the Saturday, Sunday, or
holiday. The subcommittee may also review an existing administrative
regulation and make a determination as provided by KRS 13A.030(2) and (3).
Notice of the time, date, and place of the meeting shall be placed in the
legislative calendar.
(8) Except as provided in subsection (9) of this section, a subcommittee shall be
empowered to make the same nonbinding determinations and to exercise the
same authority as the Administrative Regulation Review Subcommittee.
(9) During a session of the General Assembly, standing committees of the Senate
and House of Representatives shall agree in order to amend an administrative
regulation or to find an administrative regulation deficient pursuant to KRS
13A.030(2) and (3) by:
(a) Meeting separately; or
(b) Meeting jointly. If the standing committees meet jointly, it shall require a
majority vote of Senate members voting and a majority of House
members voting in order to take action on the administrative regulation.
(10) (a) Upon adjournment of the meeting at which a legislative subcommittee
has considered an administrative regulation pursuant to subsection (7) of
this section, the subcommittee shall inform the regulations compiler of its
findings, recommendations, or other action taken on the administrative
regulation.
(b) Following the meeting and before the next regularly scheduled meeting of
the Commission, the subcommittee shall forward to the Commission its
findings, recommendations, or other comments it deems appropriate in
writing. One (1) copy thereof shall be sent to the promulgating
administrative body. The subcommittee's findings shall be published in
the Administrative Register.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 100, sec. 17, effective June 20, 2005. -Amended 2003 Ky. Acts ch. 89, sec. 15, effective June 24, 2003. -- Amended
2000 Ky. Acts ch. 406, sec. 16, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 598, sec. 8, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 180,
sec. 13, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 21,
effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 27, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 2, effective July 15, 1988;
and ch. 425, sec. 11, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 417,
sec. 29, effective April 13, 1984.
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