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13A.335 Reasons regulation found deficient shall not be considered deficient.
(1)
(2)
(3)
(4)
An administrative regulation found deficient by a subcommittee shall not be
considered deficient if:
(a) A subsequent amendment of that administrative regulation is filed with
the Commission by the administrative body;
(b) The subcommittee that found the administrative regulation deficient
approves a motion that the subsequent amendment corrects the
deficiency; and
(c) Any subcommittee that reviews the administrative regulation under the
provisions of KRS Chapter 13A finds that the administrative regulation is
not deficient.
An administrative regulation found deficient by the Administrative Regulation
Review Subcommittee shall not be considered deficient if:
(a) The administrative regulation is amended to correct the deficiency at a
meeting of the subcommittee to which it was assigned by the
Commission;
(b) That subcommittee does not determine that the administrative regulation
is deficient for any other reason; and
(c) The Administrative Regulation Review Subcommittee approves a motion
that the deficiency has been corrected and that the administrative
regulation should not be considered deficient.
An administrative regulation found deficient by a subcommittee shall not be
considered deficient if the subcommittee:
(a) Reconsiders the administrative regulation and its finding of deficiency;
and
(b) Approves a motion that the administrative regulation is not deficient.
(a) If an existing administrative regulation has been amended and found
deficient by a subcommittee, it shall not be considered deficient if the:
1.
Administrative regulation was found deficient due to the
amendment;
2.
Promulgating administrative body has withdrawn the proposed
amendment of the existing administrative regulation; and
3.
Regulations compiler has not received the Governor's determination
pursuant to KRS 13A.330 or 13A.331.
(b) If an administrative regulation has been found deficient by a
subcommittee, the regulations compiler shall add the following notice to
the administrative regulation: "This administrative regulation was found
deficient by the [name of subcommittee] on [date]." This notice shall be
the last section of the administrative regulation.
(c) If an administrative regulation has been found deficient by a
subcommittee, subsequent amendments of that administrative regulation
filed with the Commission shall contain the notice provided in paragraph
(b) of this subsection.
(d) If an administrative regulation that has been found deficient by a
subcommittee has subsequently been determined not to be deficient
under the provisions of this section, the regulations compiler shall delete
the notice required by paragraph (b) of this subsection.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. -Amended 2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 350, sec. 3, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 180, sec. 19, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516,
sec. 5, effective July 13, 1990.
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