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Kentucky Revised Statutes Title III. Executive Branch § 13A.300.Request by promulgating administrative body to defer consideration of administrative regulation; consideration of deferred administrative regulation; informational review of deferred administrative regulation; limitation on number of deferrals; failure of representative of administrative body to appear before legislative committee

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The administrative body that promulgated an administrative regulation may request that consideration of the administrative regulation be deferred by a legislative committee.

(2) The deferral of an administrative regulation scheduled for full review by the Administrative Regulation Review Subcommittee pursuant to KRS 13A.290(1)(b)1., 2., or 5. shall be governed by KRS 13A.020(4) and the following:

(a) A request for deferral of an ordinary administrative regulation filed with the Commission shall be automatically granted if:

1. The administrative body submits a written letter to the regulations compiler; and

2. The letter is received by 12 noon, eastern time, at least five (5) calendar days prior to the subcommittee meeting;

(b) A request for deferral of an emergency administrative regulation may be granted if:

1. The administrative body submits a written letter to the regulations compiler;

2. The letter is received prior to the subcommittee meeting; and

3. Approved by the co-chairs of the Administrative Regulation Review Subcommittee;

(c) A request for deferral may be granted at the discretion of the subcommittee if the request is made by the administrative body orally at a meeting of the subcommittee;

(d) The subcommittee may request that consideration of an administrative regulation be deferred by the promulgating administrative body. Upon receipt of the request, the promulgating administrative body may agree to defer consideration of the administrative regulation;

(e) Except as provided in paragraph (g) of this subsection, an administrative regulation that has been deferred for full review shall be placed on the agenda of the next scheduled meeting of the subcommittee. The subcommittee shall consider the administrative regulation as if it had met all other requirements of filing. Repromulgation shall not be required in those cases;

(f) 1. A filed administrative regulation deferred under this subsection may still be placed on the agenda pursuant to KRS 13A.030(3) or (4) for informational review.

2. If a filed administrative regulation is placed on the agenda pursuant to subparagraph 1. of this paragraph, the full review of the filed administrative regulation shall still be deferred in accordance with this subsection; and

(g) An administrative regulation shall not be deferred under this subsection more than twelve (12) times.

(3) The deferral of an informational review for an administrative regulation scheduled by the Administrative Regulation Review Subcommittee pursuant to KRS 13A.290(1)(b)3. or 4. shall be governed by KRS 13A.020(4) and the following:

(a) A request to defer an informational review for an administrative regulation that was placed on the subcommittee's agenda may be granted if:

1. The administrative body submits a written letter to the regulations compiler;

2. The letter is received prior to the subcommittee meeting; and

3. Approved by the co-chairs of the Administrative Regulation Review Subcommittee;

(b) A request for deferral may be granted at the discretion of the subcommittee if the request is made by the administrative body orally at a meeting of the subcommittee; and

(c) An informational review for an administrative regulation that is deferred may be placed on the agenda of the next scheduled meeting of the subcommittee.

(4)(a) The deferral of a filed ordinary or emergency administrative regulation assigned to a second legislative committee or committees for full review pursuant to KRS 13A.290(6) and (7) shall be governed by this subsection and the voting requirements of KRS 13A.290(9).

(b) A request for deferral may be granted if:

1. The administrative body submits a written letter to the regulations compiler;

2. The letter is received:

a. Prior to the legislative committee meeting for an emergency administrative regulation; or

b. By 12 noon, eastern time, at least five (5) calendar days prior to the legislative committee meeting for an ordinary administrative regulation; and

3. Approved by the presiding chair or chairs.

(c) A request for deferral may be granted at the discretion of the second legislative committee if the request is made by the administrative body orally at a meeting of the legislative committee.

(d) 1. At a meeting of a legislative committee, the legislative committee may request that consideration of an administrative regulation be deferred by the administrative body. Upon receipt of the request, the administrative body may agree to defer consideration of the administrative regulation.

2. An administrative regulation that is deferred for full review may be placed on a subsequent agenda of the legislative committee or committees within the review period.

3. Except as provided by subparagraph 4. of this paragraph, if a filed ordinary administrative regulation that has been deferred for full review is not placed on a subsequent agenda within the review period, the administrative regulation shall take effect at the expiration of the review period.

4. a. If requested by the administrative body, an administrative regulation may be deferred beyond the review period for an additional ninety (90) days if the deferral is requested and approved as established by paragraphs (b) and (c) of this subsection.

b. If a filed ordinary administrative regulation that has been deferred is not placed on a subsequent agenda within the additional ninety (90) days, the administrative regulation shall take effect at the expiration of the additional ninety (90) days.

(e) 1. A filed administrative regulation deferred under this subsection may still be placed on the agenda for informational review pursuant to KRS 13A.030(3) or (4) and 13A.290(8).

2. If a filed administrative regulation is placed on the agenda pursuant to subparagraph 1. of this paragraph, the full review of the filed administrative regulation may be scheduled by the legislative committee at a subsequent meeting during the ninety (90) day review period.

(5)(a) The deferral of an informational review for an administrative regulation scheduled by a second legislative committee pursuant to KRS 13A.030(3) or (4) and 13A.290(8) shall be governed by this subsection and the voting requirements of KRS 13A.290(9).

(b) A request to defer an informational review for an administrative regulation that was placed on the legislative committee's agenda may be granted if:

1. The administrative body submits a written letter to the regulations compiler;

2. The letter is received prior to the legislative committee meeting; and

3. Approved by the presiding chair or chairs.

(c) A request for deferral of an informational review for an administrative regulation may be granted at the discretion of the legislative committee if the request is made by the administrative body orally at a meeting of the legislative committee.

(d) An informational review for an administrative regulation that is deferred may be placed on a subsequent agenda of the legislative committee.

(6) Except as provided by KRS 13A.290(4), if a representative of an administrative body with authority to amend, defer, and answer questions about a filed ordinary or emergency administrative regulation that is on the agenda for full review fails to appear before a legislative committee, the legislative committee in conformance with KRS 13A.290(9) may:

(a) Defer the administrative regulation to a subsequent meeting of the legislative committee within the review period; and

(b) Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3).

(7) If a representative of an administrative body with authority to defer and answer questions about an administrative regulation that was placed on the agenda for informational review pursuant to KRS 13A.030(3) or (4) and 13A.290(8) fails to appear before the legislative committee, the legislative committee in conformance with KRS 13A.290(9) may:

(a) Defer the informational review for the administrative regulation to a subsequent meeting of the legislative committee; and

(b) Make a determination pursuant to KRS 13A.030(2), (3), and (4) or 13A.190(3).

(8) An administrative regulation found deficient by a legislative committee may be deferred in accordance with KRS 13A.020(4), 13A.290, and this section.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title III. Executive Branch § 13A.300.Request by promulgating administrative body to defer consideration of administrative regulation; consideration of deferred administrative regulation; informational review of deferred administrative regulation; limitation on number of deferrals; failure of representative of administrative body to appear before legislative committee - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-iii-executive-branch/ky-rev-st-sect-13a-300/

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