AN ACT relating to administrative regulations.

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AN ACT relating to administrative regulations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Sections 1 to 3 of this Act shall only apply to administrative regulations 5
promulgated or filed by: 6
(a) An administrative body listed in KRS 13A.105(3); 7
(b) An office, division, or other unit within an administrative body listed in KRS 8
13A.105(3); or 9
(c) An occupational board or commission established in KRS Chapters 309 to 10
335. 11
(2) (a) Any administrative regulation in effect prior to the effective date of this Act 12
shall be exempt from the final legislative approval process established in 13
Sections 1 to 3 of this Act until July 1, 2031. 14
(b) On or after July 1, 2031, any administrative reg ulation not exempted under 15
this section, regardless of its effective date, shall be subject to the final 16
legislative approval process established in Sections 1 to 3 of this Act. 17
(3) If an ordinary administrative regulation is necessary to prevent a loss of federal 18
or state funding, it shall go into effect after completing the administrative 19
regulation review process under this chapter, but that administrative regulation 20
shall expire upon the next sine die adjournment of a regular session if not first 21
ratified by the General Assembly in accordance with Sections 1 to 3 of this Act. 22
(4) Sections 1 to 3 of this Act shall not be interpreted to reverse or modify any section 23
of this chapter that became law prior to the effective date of this Act if that 24
section's p rimary purpose is to codify any legislative committee's finding of 25
deficiency regarding one (1) or more administrative regulations. 26
(5) (a) An ordinary administrative regulation shall not be final and enforceable 27
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until it is: 1
1. Considered adopted under Section 7 of this Act; and 2
2. Affirmatively ratified by legislation passed in accordance with Section 3
3 of this Act that becomes a law. 4
(b) If an ordinary administrative regulation is not affirmatively and specifically 5
ratified by legislation passed in accor dance with Section 3 of this Act that 6
becomes a law, that administrative regulation shall be void. 7
(c) If an effective emergency administrative regulation that has completed the 8
review process under this chapter is not affirmatively and specifically 9
ratified by legislation passed in accordance with Section 3 of this Act that 10
becomes a law, it shall expire upon the next sine die adjournment of a 11
regular session. 12
(6) An administrative regulation shall be exempt from the ratification process 13
established in Sections 1 to 3 of this Act if the following conditions are met: 14
(a) The administrative regulation was granted final legislative approval and 15
was ratified in accordance with Sections 1 to 3 of this Act in a previous 16
regular session; and 17
(b) The administrative regulation has not been amended or modified in any 18
way, except for technical corrections authorized by Section 5 of this Act and 19
KRS 13A.312, since it was most recently ratified in accordance with 20
Sections 1 to 3 of this Act. 21
(7) An administrative body ma y promulgate an emergency administrative regulation 22
only as authorized by this chapter. 23
SECTION 2. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 24
READ AS FOLLOWS: 25
(1) Except as otherwise provided in this section: 26
(a) If an administrative regulation is received on or before March 1, the 27
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General Assembly shall have until the last day of the regular legislative 1
session of that year to review and act upon the administrative regulation; 2
and 3
(b) If an administrative regulation is received after March 1, the General 4
Assembly shall have until the last day of the regular legislative session of 5
the next year to review and act upon the administrative regulation. 6
(2) (a) By enacting legislation in accordance with Section 3 of this Act, the General 7
Assembly: 8
1. Grants final legislative approval to any administrative regulation 9
specifically included in the ratification list contained in the legislation; 10
and 11
2. Disapproves any administrative regulation that is subject to Section 1 12
of this Act and not: 13
a. Specifically included in the ratification list contained in the 14
legislation; or 15
b. Exempted under subsection (6) of Section 1 of this Act. 16
(b) An administrative regulation disapproved under paragraph (a)2. of this 17
subsection shall be void or expire in accordance with subsection (5) of 18
Section 1 of this Act. 19
(3) Unless otherwise authorized by the General Assembly, the administrative body 20
that promulgated or filed an administrative regulation that is disapproved by the 21
General Assembly in accordance with subsection (2)(a)2. of this section shall: 22
(a) File notice of the General Assembly's disapproval with the regulations 23
compiler for publication in the Administrative Register; and 24
(b) Not submit an identical administrative regulation before sine die 25
adjournment of the next regular legislative session. 26
(4) (a) Upon ratification and final legislative approval of administrative 27
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regulations in accordance with Sections 1 to 3 of this Act, each 1
administrative body shall submit a list of its ratified administrative 2
regulations to the regulations compiler. 3
(b) The regulations compiler shall add the data from any list of ratified 4
administrative regulations submitted by an administrative body under 5
paragraph (a) of this subsection to the list required by subsection (13) of 6
Section 5 of this Act. 7
SECTION 3. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 8
READ AS FOLLOWS: 9
(1) The regulations compiler shall submit to the Committee on Committees of each 10
chamber each administrative regulation that is subject to Section 1 of this Act 11
and: 12
(a) Considered adopted under Section 7 of this Act; or 13
(b) An effective emergency administrative regulation that has completed the 14
administrative regulation review process under this chapter. 15
(2) (a) Upon receipt of any filed or promulgated administrativ e regulations from 16
the regulations compiler, the Committee on Committees of each chamber 17
shall assign the administrative regulations to the appropriate committees for 18
review. 19
(b) Each committee shall submit its recommendation to the full chamber within 20
two (2) weeks after the committee's receipt of an administrative regulation. 21
(c) The full chamber may consider a committee's recommendation regarding 22
ratification of each administrative regulation when passing legislation in 23
accordance with this section. 24
(3) The General Assembly may prepare omnibus administrative regulation approval 25
legislation for consideration each regular session. 26
(4) (a) The administrative regulation approval legislation shall be substantially in 27
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the following form: 1
"All proposed emergency and ordinary administrative regulations subject to 2
Section 1 of this Act filed on or before March 1 are hereby void and 3
disapproved, except for the following:". 4
(b) The legislation shall list all administrative regulations being ratified and 5
receiving final legislative approval. 6
(c) If an entire range, chapter, or title of administrative regulations is ratified, 7
listing that range, chapter, or title in the legislation shall constitute 8
ratification of all administrative regulations within that range, chapt er, or 9
title. 10
(5) If an administrative regulation subject to Section 1 of this Act is not affirmatively 11
and specifically ratified and given final legislative approval through legislation 12
under this section or is not exempted under subsection (6) of Section 1 of this Act, 13
that administrative regulation shall be void or shall expire in accordance with 14
subsection (5) of Section 1 of this Act. 15
(6) If omnibus administrative regulation approval legislation fails to pass both 16
houses of the General Assembly or othe rwise fails to become a law, the Governor 17
may, by May 15 of that same year, declare all administrative regulations subject 18
to that legislation to be approved, finally adopted, and enforceable by filing a 19
single declaration with the regulations compiler for publication in the 20
Administrative Register. 21
Section 4. KRS 13A.010 is amended to read as follows: 22
As used in this chapter, unless the context otherwise requires: 23
(1) "Administrative body" means each state board, bureau, cabinet, commission, 24
department, authority, officer, or other entity, except the General Assembly and the 25
Court of Justice, authorized by law to promulgate administrative regulations; 26
(2) "Administrative regulation" means each statement of general applica bility 27
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promulgated by an administrative body that implements, interprets, or prescribes 1
law or policy, or describes the organization, procedure, or practice requirements of 2
any administrative body. The term includes an existing administrative regulation, a 3
new administrative regulation, an emergency administrative regulation, an 4
administrative regulation in contemplation of a statute, and the amendment or 5
repeal of an existing administrative regulation, but does not include: 6
(a) Statements concerning only t he internal management of an administrative 7
body and not affecting private rights or procedures available to the public; 8
(b) Declaratory rulings; 9
(c) Intradepartmental memoranda not in conflict with KRS 13A.130; 10
(d) Statements relating to acquisition of pr operty for highway purposes and 11
statements relating to the construction or maintenance of highways; or 12
(e) Rules, regulations, and policies of the governing boards of institutions that 13
make up the postsecondary education system defined in KRS 164.001 14
pertaining to students attending or applicants to the institutions, to faculty and 15
staff of the respective insti tutions, or to the control and maintenance of land 16
and buildings occupied by the respective institutions; 17
(3) "Adopted" means that an administrative regulation has become effective in 18
accordance with the provisions of this chapter; 19
(4) "Authorizing signature" means the signature of the head of the administrative body 20
authorized by statute to promulgate administrative regulations; 21
(5) "Commission" means the Legislative Research Commission; 22
(6) "Effective" means an administrative regulation that has completed the legislative 23
committee review established by KRS 13A.290, 13A.330, and 13A.331 (1). The 24
effective status of an administrative regulation is subject to ratification or 25
disapproval under Sections 1 to 3 of this Act; 26
(7) "Federal mandate" means any federal constitutional, legislative, or executive law or 27
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order that requires or permits any administrative body to engage in regulatory 1
activities that impose compliance standards, reporting requirements, recordkeeping, 2
or similar responsibilities upon entities in the Commonwealth; 3
(8) "Federal mandate comparison" means a written statement containing the 4
information required by KRS 13A.245; 5
(9) "Filed" or "promulgated" means that an administrative regulation, or other 6
document required to be filed by this chapter, has been submitted to the 7
Commission in accordance with this chapter; 8
(10) "Final legislative approval" means the process by which an administrative 9
regulation has been ratified through enacted legislation in accordance with 10
Sections 1 to 3 of this Act; 11
(11) "Full review" means that a filed administrative regulation is on an agenda for: 12
(a) The subcommittee as the last step required by this chapter prior to assignment 13
in accordance with KRS 13A.290(6); 14
(b) A legislative committee as the last step required by this chapter for an 15
ordinary administrative regulation before becoming effective upon 16
adjournment in accordance with KRS 13A.331(1)(a) and (b)[(2)]; or 17
(c) A legislative committee as an emergency administrative regulation being 18
reviewed after assignment in accordance with KRS 13A.290(6) and (7); 19
(12)[(11)] "Last effective date" means the latter of: 20
(a) The most recent date an ordinary administrative regulation became effective, 21
without including the date a technical amendment was made pursuant to KRS 22
13A.040(10), 13A.2255(2), or 13A.312; or 23
(b) The date a certification letter was filed with the regulations compiler for that 24
administrative regulation pursuant to KRS 13A.3104(4), if the letter stated 25
that the administrative regulation shall remain in effect without amendment; 26
(13)[(12)] "Legislative committee" means an interim joint committee, a House or Senate 27
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standing committee, a statutory committee, or a subcommittee of the Legislative 1
Research Commission; 2
(14)[(13)] "Local government" means and includes a city, county, urban -county, charter 3
county, consolidated local government, special district, or a quasi -governmental 4
body authorized by the Kentucky Revised Statutes or a local ordinance; 5
(15)[(14)] "Major economic impact" means the combined implementat ion and 6
compliance costs of an administrative regulation are at least five hundred thousand 7
dollars ($500,000) over any two (2) year period; 8
(16)[(15)] "Proposed administrative regulation" means an administrative regulation that: 9
(a) Has been filed by an administrative body; and 10
(b) Has not become effective or been withdrawn; 11
(17) "Ratified" means an administrative regulation that has been given final 12
legislative approval through legislation enacted in accordance with Sections 1 to 13
3 of this Act; 14
(18)[(16)] "Regulatory impact analysis" means a written statement containing the 15
provisions required by KRS 13A.240; 16
(19)[(17)] "Signature" means the application of letters or numbers that signify the intent 17
to sign, are uniquely linked to the signer, and are: 18
(a) Produced by manual or handwritten means; 19
(b) An image of the manual or handwritten signature produced under paragraph 20
(a) of this subsection; or 21
(c) Produced by using a digital signature scheme or electronic confirmation 22
method that allows for verification of authenticity; 23
(20)[(18)] "Small business" means a business entity, including its affiliates, that: 24
(a) Is independently owned and operated; and 25
(b) 1. Employs fewer than one hundred fifty (150) full-time employees or their 26
equivalent; or 27
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2. Has gross annual sales of less than six million dollars ($6,000,000); 1
(21)[(19)] "Statement of consideration" means the document required by KRS 13A.280 2
in which the administrative body summarizes the comments received, its responses 3
to those comments, and the action taken, if any, as a result of those comments and 4
responses; 5
(22)[(20)] "Subcommittee" means the Administrative Regulation Review Subcommittee 6
of the Legislative Research Commission; 7
(23)[(21)] "Tiering" means the tailoring of regulatory requirements to fit the particular 8
circumstances surrounding regulated entities; and 9
(24)[(22)] "Written comments" means comments submitted to the administrative body's 10
contact person identified pursuant to KRS 13A.220(6)(d) via hand delivery, United 11
States mail, email, or facsimile and may include but is not limited to comments 12
submitted internally fr om within the promulgating administrative body or from 13
another administrative body. 14
Section 5. KRS 13A.040 is amended to read as follows: 15
The director of the Legislative Research Commission shall appoint an administrativ e 16
regulations compiler who shall: 17
(1) Receive administrative regulations, and other documents required to be filed by the 18
provisions of this chapter, tendered for filing; 19
(2) Stamp administrative regulations tendered for filing with the time and date of 20
receipt; 21
(3) Provide administrative and support services to the subcommittee; 22
(4) Maintain a file of administrative regulations and other documents required to be 23
filed by this chapter, for public inspection, with suitable indexes; 24
(5) Maintain a file of ineffective administrative regulations; 25
(6) Maintain a file of material incorporated by reference, including superseded or 26
ineffective material incorporated by reference; 27
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(7) Prepare the Kentucky Administrative Regulations Service; 1
(8) Upon request, certify copies of administrative regulations and other documents that 2
have been filed with the regulations compiler; 3
(9) Correct errors that do not change the substance of an administrative regulation, 4
including but not limited to typographical errors, errors in fo rmat, and grammatical 5
errors; 6
(10) (a) Change the following items in an administrative regulation in response to a 7
specific written request for a technical amendment submitted by the 8
administrative body if the regulations compiler determines that the reque sted 9
changes do not affect the scope or substance of the administrative regulation 10
and the changes are provided in accordance with KRS 13A.312(3): 11
1. The administrative body's identifying information, including address, 12
phone number, fax number, website address, and email address; 13
2. Typographical errors, errors in format, and grammatical errors; 14
3. Citations to statutes or other administrative regulations if a format 15
change within that statute or administrative regulation has changed the 16
numbering or lettering of parts; or 17
4. Other changes in accordance with KRS 13A.312; and 18
(b) Notify the administrative body within thirty (30) business days of receipt of a 19
technical amendment letter the status of the request, including: 20
1. Any requested changes that are accepted as technical amendments; and 21
2. Any requested changes that are not accepted as technical amendments; 22
(11) Refuse to accept for filing administrative regulations, and other documents required 23
to be filed by this chapter, that do not conform to the drafting, formatting, or filing 24
requirements established by the provisions of KRS 13A.105, 13A.190(5) to (11), 25
13A.220, 13A.222(1), (2), and (3), 13A.230, 13A.280, 13A.312, and 13A.320, and 26
notify the administrative body in writing of the reasons for refusing to accept an 27
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administrative regulation for filing; 1
(12) Maintain a list o f all administrative regulation numbers and the corresponding last 2
effective date, based on the information included in the history line of each 3
administrative regulation;[ and] 4
(13) Maintain a list of all administrative regulations that have been ratified and 5
granted final legislative approval or disapproval through the process established 6
in Sections 1 to 3 of this Act, and the effective date of each ratification; and 7
(14) Perform other duties required by the Commission or by a legislative committee. 8
Section 6. KRS 13A.3102 is amended to read as follows: 9
(1) (a) An ordinary administrative regulation with a last effective date on or after 10
March 1, 2013, shall expire seven (7) years after its last effective date, except 11
as provided by the certification process in KRS 13A.3104. 12
(b) Beginning on April 1, 2027, an administrative regulation shall be ratified in 13
the latest enacted version of the legislation authorized under Section 3 of 14
this Act to be eligible under paragraph (a) of this subsection. 15
(c) For purposes of this chapter, the "last effective date" shall not include any 16
administrative regulation effective date established by final legislative 17
approval or the ratification process in legislation established in Sections 1 to 18
3 of this Act. 19
(2) An ordinary administrative regulation with a last effective date before March 1, 20
2013, shall expire on March 1, 2020, except as provided by the certification process 21
in KRS 13A.3104. 22
(3) For all administrative regulations that expire under this section or KRS 13A.3104, 23
the regulations compiler shall: 24
(a) Delete them from the Kentucky Administrative Regulations Service; 25
(b) Add them to the list of ineffective administrative regulations; and 26
(c) Beginning on September 1, 2020, and at lea st once every six (6) months 27
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thereafter, publish a list of administrative regulations that have expired since 1
the most recent previous list was published under this paragraph. 2
(4) Within three (3) months of June 27, 2019, and at least once every six (6) mo nths 3
thereafter, the regulations compiler shall publish a list of existing administrative 4
regulations and their corresponding last effective dates. 5
Section 7. KRS 13A.331 is amended to read as follows: 6
(1) A filed ordina ry administrative regulation that has not been deferred or found 7
deficient and has been referred by the Commission to a legislative committee shall 8
be considered as adopted and shall become effective: 9
(a)[(1)] Upon adjournment of a meeting of a legislative committee other than the 10
subcommittee if: 11
1.[(a)] The administrative regulation was on the meeting agenda; and 12
2.[(b)] A quorum was present; 13
(b)[(2)] Upon adjournment of a meeting of a House or Senate standing 14
committee if: 15
1.[(a)] The administrative regulation was on its meeting agenda; 16
2.[(b)] A quorum was present; and 17
3.[(c)] The administrative regulation has previously been on a meeting 18
agenda of the other standing committee when a quorum was present; or 19
(c)[(3)] At the expiration of the review period established in KRS 13A.290(7), if 20
within the review period a legislative committee has failed to meet or failed to 21
place a filed administrative regulation on a meeting agenda. 22
(2) Any adoption or effective status for an administrative regulation under this 23
section shall be subject to and superseded by any subsequent ratification o r 24
disapproval of the administrative regulation through enacted legislation in 25
accordance with Sections 1 to 3 of this Act. 26
Section 8. KRS 13A.190 is amended to read as follows: 27
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(1) An emergency administrative regulation is an administrative regulation that: 1
(a) An administrative body can clearly demonstrate, through documentary 2
evidence submitted with the filing of the emergency administrative regulation, 3
must be placed into effect immediately in order to: 4
1. Meet an imminent threat to public health, safety, welfare, or the 5
environment; 6
2. Prevent an imminent loss of federal or state funds; 7
3. Meet an imminent deadline for the promulg ation of an administrative 8
regulation that is established by state statute or federal law; or 9
4. Comply with an executive order issued under KRS Chapter 39A; and 10
(b) 1. Is temporary in nature and will expire as provided in this section; or 11
2. Is temporary in nature and will be replaced by an ordinary 12
administrative regulation as provided in this section. 13
For the purposes of this section, "imminent" means within two hundred seventy 14
(270) days of the filing of the emergency administrative regulation. 15
(2) An agency's finding of an emergency pursuant to this section shall not be based on 16
the agency's failure to timely process and file administrative regulations through the 17
ordinary administrative regulation process. 18
(3) An emergency administrative regulation: 19
(a) Shall become effective and shall be considered as adopted upon filing; 20
(b) Shall be published in the Administrative Register in accordance with the 21
publication deadline established in KRS 13A.050(3); 22
(c) Shall be subject to the public comment provisions established in KRS 23
13A.270 and 13A.280; 24
(d) 1. May be reviewed at a subsequent meeting of a legislative committee 25
after the filing of the emergency administrative regulation; and 26
2. May, by a vote of the majority of the legislative committee's 27
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membership as established by KRS 13A.020(4) and 13A.290(9), be 1
found to be deficient, and the deficiency shall be reported to the 2
Governor pursuant to KRS 13A.330(2); and 3
(e) May be amended: 4
1. By the promulgating administrative body after receiving public 5
comments a s established in KRS 13A.280. The amended after 6
comments version shall: 7
a. Become effective upon filing; and 8
b. Not require a statement of emergency; or 9
2. At a legislative committee meeting as established in KRS 13A.320. The 10
amendment shall be approved as established by KRS 13A.020(4) or 11
KRS 13A.290(9). The amended version shall become effective upon 12
adjournment of the meeting following the procedures established in 13
KRS 13A.020(4) or 13A.331(1)(a) and (b)[(2)]. 14
(4) (a) Except as provided by paragraph (b) of this subsection, emergency 15
administrative regulations shall expire two hundred seventy (270) days after 16
the date of filing or when the same matter filed as an ordinary administrative 17
regulation filed for review is adopted, whichever occurs first. 18
(b) If an administrative body extends the time for filing a statement of 19
consideration for an ordinary administrative regulation as provided by KRS 20
13A.280(2)(b), an emergency administrative regulation shall remain in effect 21
for two hundred seventy (270) days after the date of filing plus the number of 22
days extended under the provisions of KRS 13A.280(2)(b) or when the same 23
matter filed as an ordinary administrative regulation filed for review is 24
adopted, whichever occurs first. 25
(c) Filing an emergency amended after comments administrative regulation shall 26
not affect the expiration of an emergency regulation as established in 27
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paragraphs (a) and (b) of this subsection. 1
(5) Except as established in subsection (6) of this section, an emergency administrative 2
regulation with the same number or title or governing the same subject matter shall 3
not be filed for a period of two hundred seventy (270) days after it has been initially 4
filed. 5
(6) If an emergency administrative regulation wit h the same number or title or 6
governing the same subject matter as an emergency administrative regulation filed 7
within the previous two hundred seventy (270) days is filed, it shall contain a 8
detailed explanation of the manner in which it differs from the previously filed 9
emergency administrative regulation. The detailed explanation shall be included in 10
the statement of emergency required by subsection (7) of this section. 11
(7) Each emergency administrative regulation shall contain a statement of: 12
(a) The nature of the emergency; 13
(b) The reasons why an ordinary administrative regulation is not sufficient; 14
(c) Whether or not the emergency administrative regulation will be replaced by 15
an ordinary administrative regulation; 16
(d) If the emergency administrative re gulation will be replaced by an ordinary 17
administrative regulation, the following statement: "The ordinary 18
administrative regulation (is or is not) identical to this emergency 19
administrative regulation."; 20
(e) If the emergency administrative regulation will not be replaced by an ordinary 21
administrative regulation, the reasons therefor; and 22
(f) If applicable, the explanation required by subsection (6) of this section. 23
(8) (a) An administrative body shall attach the: 24
1. Statement of emergency required by subse ction (7) of this section to the 25
front of the original and each copy of a proposed emergency 26
administrative regulation; 27
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2. Public hearing and public comment period information required by KRS 1
13A.270(2), regulatory impact analysis, tiering statement, feder al 2
mandate comparison, fiscal note, summary of material incorporated by 3
reference if applicable, and other forms or documents required by the 4
provisions of this chapter to the back of the emergency administrative 5
regulation; and 6
3. Documentary evidence submitted justifying the finding of an emergency 7
in accordance with subsection (1) of this section to the back of the 8
emergency regulation if it is: 9
a. No more than ten (10) pages in length; and 10
b. Typewritten on white paper, size eight and one -half (8 -1/2) b y 11
eleven (11) inches, and single-sided. 12
Larger volumes of documentary evidence shall be filed in a separate 13
binder, on a CD -ROM or DVD disc, or in a different electronic format 14
approved by the regulations compiler. 15
(b) An administrative body shall file with the regulations compiler: 16
1. The original and four (4) copies of the emergency administrative 17
regulation; and 18
2. At the same time as, or prior to, filing the paper version, an electronic 19
version of the emergency administrative regulation and the attachm ents 20
required by paragraph (a) of this subsection saved as a single document 21
for each emergency administrative regulation in an electronic format 22
approved by the regulations compiler. 23
(c) 1. Each original emergency administrative regulation shall be single -sided 24
and stapled in the top left corner. 25
2. One (1) of the copies shall be single-sided and unstapled. 26
3. The other three (3) copies shall be stapled in the top left corner and may 27
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be double-sided. 1
4. The original and the four (4) copies of each emergency administrative 2
regulation shall be grouped together. 3
(9) The statement of emergency shall have a two (2) i nch top margin. The number of 4
the emergency administrative regulation shall be typed directly below the heading 5
"Statement of Emergency." The number of the emergency administrative regulation 6
shall be the same number as the ordinary administrative regulati on followed by an 7
"E." 8
(10) Each executive department emergency administrative regulation shall be signed by 9
the head of the administrative body and countersigned by the Governor prior to 10
filing with the Commission. These signatures shall be on the stateme nt of 11
emergency attached to the front of the emergency administrative regulation. 12
(11) If an emergency administrative regulation will be replaced by an ordinary 13
administrative regulation, the ordinary administrative regulation shall be filed at the 14
same time as the emergency administrative regulation that it will replace. 15
(12) If an ordinary administrative regulation that was filed to replace an emergency 16
administrative regulation: 17
(a) Is withdrawn: 18
1. The emergency administrative regulation shall expire on the date the 19
ordinary administrative regulation is withdrawn; and 20
2. The administrative body shall inform the regulations compiler of the 21
reasons for withdrawal in writing; or 22
(b) Expires, the emergency administrative regulation shall expire on the date t he 23
ordinary administrative regulation expires pursuant to KRS 13A.315(1). 24
(13) (a) If an emergency administrative regulation that was intended to be replaced by 25
an ordinary administrative regulation is withdrawn, the emergency 26
administrative regulation shall expire on the date it is withdrawn. 27
UNOFFICIAL COPY 26 RS BR 5
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(b) If an emergency administrative regulation has been withdrawn, the ordinary 1
administrative regulation that was filed with it shall not expire unless the 2
administrative body informs the regulations compiler that the ordinary 3
administrative regulation is also withdrawn. 4
(c) If an emergency administrative regulation is withdrawn, the administrative 5
body shall inform the regulations compiler of the reasons for withdrawal in 6
writing. 7
(14) The administrative regulations c ompiler shall notify all legislative committees of 8
the number, title, and subject matter of all emergency administrative regulations 9
and shall forward any additional information filed about the emergency 10
administrative regulation requested by a legislative committee. 11