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13A.310 Repeal or permissive withdrawal of administrative regulation.
(1)
(2)
(3)
(4)
(5)
An administrative regulation, once adopted, cannot be withdrawn but shall be
repealed if it is desired that it no longer be effective.
An administrative regulation, once adopted, cannot be suspended but shall be
repealed if it is desired to suspend its effect.
(a) An administrative regulation shall be repealed only by the promulgation of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repealed)";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repealed; and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) On the effective date of an administrative regulation that repeals an
administrative regulation, 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repealed administrative regulation and the repealing administrative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repealed are contained in the same chapter of the Kentucky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(a) An ordinary administrative regulation may be withdrawn by the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be withdrawn by the promulgating administrative body at any time prior to
receipt by the regulations compiler of the determination of the Governor
made pursuant to KRS 13A.330 or 13A.331 or may be withdrawn by the
Governor.
(c) If an ordinary administrative regulation is withdrawn, the administrative
body or the Governor shall inform the regulations compiler of the reasons
for withdrawal in writing.
Once an ordinary administrative regulation is withdrawn it shall not be
reinstated, except by repromulgation as a totally new matter.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 100, sec. 19, effective June 20, 2005. -Amended 2000 Ky. Acts ch. 406, sec. 18, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 38, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 180, sec. 15, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410,
sec. 23, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 29,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 71, sec. 4, effective July
15, 1988. -- Created 1984 Ky. Acts ch. 417, sec. 31, effective April 13, 1984.
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