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13A.337 Legislative finding -- Certain administrative regulations void -Prohibition against promulgating substantially similar regulations -Judicial review.
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(2)
(3)
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The General Assembly finds that certain administrative regulations, as
evidenced by the records of the Legislative Research Commission, including
but not limited to the Kentucky Administrative Regulations Service and the
Administrative Register of Kentucky, were found deficient on or after July 15,
1988, and either expired prior to or upon adjournment of the 2001 General
Assembly, or were scheduled to expire upon adjournment of the 2002 Regular
Session of the General Assembly, under the provisions of KRS Chapter 13A as
existing before the issuance of the Opinion and Order of the Franklin Circuit
Court in Patton v. Sherman et al., Civil Action No. 01-CI-00660, entered
January 11, 2002.
Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding, the administrative regulations identified in subsection (1) of
this section shall be null, void, and unenforceable, as follows:
(a) Those administrative regulations identified in subsection (1) of this
section which expired prior to or upon adjournment of the 2001 Regular
Session of the General Assembly under the provisions of KRS Chapter
13A existing before the issuance of the court order referenced in
subsection (1) of this section shall be null, void, and unenforceable as of
their recorded date of expiration, according to the records of the
Legislative Research Commission. Administrative bodies and regulated
persons and entities have relied on the assumption that these
administrative regulations have previously expired; therefore, this
subsection shall have the retroactive effect necessary to implement its
provisions; and
(b) Those administrative regulations identified in subsection (1) of this
section due to expire upon adjournment of the 2002 Regular Session of
the General Assembly, under the provisions of KRS Chapter 13A existing
before the issuance of the court order referenced in subsection (1) of this
section, shall be null, void, and unenforceable on March 27, 2002.
Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding, an administrative body shall be prohibited from promulgating
an administrative regulation that is identical to or substantially the same as any
administrative regulation identified in subsection (1) of this section for a period
beginning on January 11, 2002, and concluding upon adjournment of the 2003
Regular Session of the General Assembly. This subsection shall have the
retroactive effect necessary to implement its provisions.
The Legislative Research Commission may file an action in the Franklin Circuit
Court for judicial review to determine if any administrative regulation is lawfully
promulgated in accordance with the laws and Constitution of the
Commonwealth of Kentucky.
Effective:March 27, 2002
History: Created 2002 Ky. Acts ch. 76, sec. 1, effective March 27, 2002.
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