13A.330 Adoption and effective date of administrative regulation -- Governor's determination after finding of deficiency.
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13A.330 Adoption and effective date of administrative regulation -- Governor's
determination after finding of deficiency.
The provisions of this section shall apply to administrative regulations that are assigned <br>pursuant to KRS 13A.290(6)(a)1. <br>(1) An administrative regulation that has not been found deficient by a legislative
subcommittee shall be considered as adopted and shall become effective: <br>(a) Upon adjournment on the day a subcommittee meets to consider the
administrative regulation pursuant to KRS 13A.290(7) if: <br>1.
The administrative regulation is on the agenda of the subcommittee <br>meeting;
2.
A quorum of the subcommittee is present; and
3.
The subcommittee: <br>a.
Considers the administrative regulation; or
b.
Fails to consider the administrative regulation and fails to agree to <br>defer its consideration of the administrative regulation; or
(b) If a subcommittee fails to meet within thirty (30) days of assignment of an
administrative regulation as provided in KRS 13A.290(7), or does not place <br>the administrative regulation on the agenda of a meeting held within thirty <br>(30) days of the referral of the administrative regulation to it by the <br>Commission, at the expiration of the thirty (30) day period.
(2) If an administrative regulation has been found deficient by a legislative
subcommittee, the legislative subcommittee shall transmit to the Governor: <br>(a) A copy of its finding of deficiency and other findings, recommendations, or
comments it deems appropriate; and
(b) A request that the Governor determine whether the administrative regulation
shall: <br>1.
Be withdrawn;
2.
Be withdrawn and amended to conform to the finding of deficiency; or
3.
Become effective pursuant to the provisions of this section <br>notwithstanding the finding of deficiency.
(3) If an administrative regulation has been found deficient by a legislative
subcommittee, the legislative subcommittee shall transmit copies of its transmittal <br>to the Governor to the regulations compiler.
(4) The Governor shall transmit his determination to the Commission and the
regulations compiler.
(5) An administrative regulation that has been found deficient by a legislative
subcommittee shall be considered as adopted and become effective after: <br>(a) 1.
The subcommittee of appropriate jurisdiction to which an administrative <br>regulation was assigned pursuant to KRS 13A.290(6) has: <br>a.
Considered the administrative regulation;
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b.
Failed to consider the administrative regulation and failed to agree <br>to defer its consideration of the administrative regulation; or
c.
Failed to meet within thirty (30) days of such assignment; and
2.
The regulations compiler has received the Governor's determination that <br>the administrative regulation shall become effective pursuant to the <br>provisions of this section notwithstanding the finding of deficiency; or
(b) The legislative subcommittee that found the administrative regulation
deficient subsequently determines that the administrative regulation is not <br>deficient, provided that this determination was made prior to receipt by the <br>regulations compiler of the Governor's determination.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 22, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 38, sec. 8, effective July 15, 1998; and ch. 350, sec. 2, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 180, sec. 17, effective July 15, 1996; and ch. 269, <br>sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 26, effective <br>July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 31, effective July 13, 1990. -- <br>Amended 1988 Ky. Acts ch. 71, sec. 6, effective July 15, 1988. -- Created 1984 Ky. <br>Acts ch. 417, sec. 33, effective April 13, 1984.
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