13A.310 Repeal or permissive withdrawal of administrative regulation.
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13A.310 Repeal or permissive withdrawal of administrative regulation.
(1) An administrative regulation, once adopted, cannot be withdrawn but shall be
repealed if it is desired that it no longer be effective.
(2) An administrative regulation, once adopted, cannot be suspended but shall be
repealed if it is desired to suspend its effect.
(3) (a) An administrative regulation shall be repealed only by the promulgation of an
administrative regulation that: <br>1.
Is titled "Repeal of (state number of administrative regulation to be <br>repealed)";
2.
Contains the reasons for repeal in the "NECESSITY, FUNCTION, AND <br>CONFORMITY" paragraph;
3.
Includes in the body of the administrative regulation, a citation to the <br>number and title of the administrative regulation or regulations being <br>repealed; and
4.
Meets the filing and formatting requirements of KRS 13A.220.
(b) On the effective date of an administrative regulation that repeals an
administrative regulation, the regulations compiler shall delete the repealed <br>administrative regulation and the repealing administrative regulation from the <br>Kentucky Administrative Regulations Service.
(c) An administrative body may repeal more than one (1) administrative
regulation in an administrative regulation promulgated pursuant to paragraph <br>(a) of this subsection if the administrative regulations being repealed are <br>contained in the same chapter of the Kentucky Administrative Regulations <br>Service.
(4) (a) An ordinary administrative regulation may be withdrawn by the promulgating
administrative body at any time prior to its adoption.
(b) An ordinary administrative regulation that has been found deficient may be
withdrawn by the promulgating administrative body at any time prior to <br>receipt by the regulations compiler of the determination of the Governor made <br>pursuant to KRS 13A.330 or 13A.331 or may be withdrawn by the Governor.
(c) If an ordinary administrative regulation is withdrawn, the administrative body
or the Governor shall inform the regulations compiler of the reasons for <br>withdrawal in writing.
(5) Once an ordinary administrative regulation is withdrawn it shall not be reinstated,
except by repromulgation as a totally new matter.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 19, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 18, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 38, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 15, <br>effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 23, effective July <br>15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 29, effective July 13, 1990. -- <br>Amended 1988 Ky. Acts ch. 71, sec. 4, effective July 15, 1988. -- Created 1984 Ky. <br>Acts ch. 417, sec. 31, effective April 13, 1984.
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