.315   Mandatory withdrawal of administrative regulation prior to review by legislative subcommittee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's determination.

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13A.315 Mandatory withdrawal of administrative regulation prior to review by
legislative subcommittee -- Effect of noncompliance with chapter --
Withdrawal  of  deficient  administrative  regulation  upon  Governor's
determination.
(1)
An administrative regulation shall expire and shall not be reviewed by a legislative
subcommittee if:
(a)  It has not been reviewed or approved by the official or administrative body
with authority to review or approve;
(b)  An item is not filed on or before a deadline specified by this chapter;
(c)  The administrative body has failed to comply with the provisions of this
chapter governing the filing of administrative regulations, the public hearing
and public comment period, or the statement of consideration; or
(d)  The administrative regulation is deferred more than twelve (12) months.
(2)
An administrative regulation which has not complied with all the provisions of this
chapter and any administrative regulations promulgated under this chapter shall be
considered procedurally defective and void.
(3)
(a)  An administrative regulation that has been found deficient by a subcommittee
shall be withdrawn immediately if, pursuant to KRS 13A.330 or 13A.331, the
Governor has determined that it shall be withdrawn.
(b)  The Governor shall notify the regulations compiler in writing and by
telephone that he or she has determined that the administrative regulation
found deficient shall be withdrawn.
(c)  The written withdrawal of an administrative regulation governed by the
provisions of this subsection shall be made in a letter to the regulations
compiler in the following format: "Pursuant to KRS 13A.330(2)(b) or
13A.331(2)(b), I have determined that (administrative regulation number and
title) shall be (withdrawn, or withdrawn and amended to conform to the
finding of deficiency, as applicable). The administrative regulation,
(administrative regulation number and title), is hereby withdrawn."
(d)  An administrative regulation governed by the provisions of this subsection
shall be considered withdrawn upon receipt by the regulations compiler of the
written withdrawal.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 100, sec. 20, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 24, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 350, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 24,
effective July 15, 1994. -- Created 1990 Ky. Acts ch. 516, sec. 1, effective July 13,
1990.
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