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13A.120 Promulgation of administrative
concerning promulgations.
(1)
(2)
(3)
(4)
(5)
(6)
regulations
--
Prohibitions
(a)
An administrative body may promulgate administrative regulations to
implement a statute only when the act of the General Assembly creating
or amending the statute specifically authorizes the promulgation of
administrative regulations or administrative regulations are required by
federal law, in which case administrative regulations shall be no more
stringent than the federal law or regulations.
(b) An administrative body that promulgates an administrative regulation
required by federal law or federal regulation shall comply with the
provisions of this chapter.
An administrative body shall not promulgate administrative regulations:
(a) When a statute prohibits the administrative body from promulgating
administrative regulations;
(b) When the administrative body is not authorized by statute to promulgate
administrative regulations;
(c) When a statute prohibits the administrative body from regulation of that
particular matter;
(d) When the administrative body is not authorized by statute to regulate that
particular matter;
(e) When a statute prescribes the same or similar procedure for the matter
regulated;
(f) When a statute sets forth a comprehensive scheme of regulation of the
particular matter;
(g) On any matter which is not clearly within the jurisdiction of the
administrative body;
(h) On any matter which is beyond the statutory authorization of the
administrative body to promulgate administrative regulations or which is
not clearly authorized by statute; and
(i) Which modify or vitiate a statute or its intent.
If a statute requires an administrative body or official to submit an
administrative regulation to an official or administrative body for review or
approval prior to filing the administrative regulation with the commission, the
administrative body or official shall not file the administrative regulation without
first having obtained the review or approval.
Any administrative regulation in violation of this section or the spirit thereof is
null, void, and unenforceable.
No administrative body, other than the Court of Justice, shall issue rules.
No administrative body shall issue standards or by any other name issue a
document of any type where an administrative regulation is required or
authorized by law.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 180, sec. 6, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 410, sec. 9, effective July 15, 1994. -- Amended
1990 Ky. Acts ch. 516, sec. 18, effective July 13, 1990. -- Amended 1986 Ky.
Acts ch. 499, sec. 8, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417,
sec. 12, effective April 13, 1984.
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