KRS § 13A.290 — KY Code / Title III / Chapter 13A / Section 13A.290
13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee
Status: in_force

13A.290 Review by Administrative Regulation Review Subcommittee -- Review by

legislative committee.

(1) (a) Except as provided by KRS 158.6471 and 158.6472, the Administrative

Regulation Review Subcommittee shall meet monthly to review

administrative regulations prior to close of business on the fifteenth day of the

calendar month.

(b) The agenda shall:

1. Include each administrative regulation that completed the public

comment process;

2. Include each administrative regulation for which a statement of

consideration was received on or before 12 noon, eastern time, on the

fifteenth day of the prior calendar month;

3. Include each effective administrative regulation or administrative

regulation filed with the Commission that the subcommittee has decided

to review pursuant to KRS 13A.030(3);

4. Include each administrative regulation required to be on the agenda

pursuant to KRS 13A.030(4);

5. Include each administrative regulation that was deferred from the prior

month's meeting of the subcommittee; and

6. Not include an administrative regulation that is deferred, withdrawn,

expired, or automatically taken off the agenda under the provisions of

this chapter, unless it is being reviewed pursuant to KRS 13A.030(3) or

(4).

(c) Review of an administrative regulation shall include the entire administrative

regulation and all attachments filed with the administrative regulation. The

review of amendments to existing administrative regulations shall not be

limited to only the changes proposed by the promulgating administrative

body.

(2) The meetings shall be open to the public.

(3) Public notice of the time, date, and place of the Administrative Regulation Review

Subcommittee meeting shall be given in the Administrative Register.

(4) (a) A representative of the administrative body for an administrative regulation

on the agenda shall be present to explain the administrative regulation and to

answer questions thereon.

(b) 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 the

subcommittee, the subcommittee may:

1. Defer the administrative regulation to the next regularly scheduled

meeting of the subcommittee; and

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

13A.190(3).

(c) 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) fails to

appear before the subcommittee, the subcommittee may:

1. Defer the informational review of the administrative regulation to the

next regularly scheduled meeting of the subcommittee; and

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

13A.190(3).

(5) Following the meeting and before the next regularly scheduled meeting of the

Commission, the Administrative Regulation Review Subcommittee shall forward to

the Commission its findings, recommendations, or other comments it deems

appropriate in writing. The Administrative Regulation Review Subcommittee's

findings shall be published in the Administrative Register.

(6) (a) After review by the Administrative Regulation Review Subcommittee, the

Commission shall, on the first Wednesday of the following month, or if the

first Wednesday is a legal holiday, the next workday of the month:

1. Assign a filed administrative regulation to a legislative committee with

subject matter jurisdiction if the administrative regulation was on the

agenda for full review pursuant to subsection (1)(b)1., 2., or 5. of this

section; and

2. Not assign a filed administrative regulation to a legislative committee

with subject matter jurisdiction if the administrative regulation was

solely on the agenda for informational review pursuant to KRS

13A.030(3) or (4).

(b) Upon notification of the assignment by the Commission, the legislative

committee to which the administrative regulation is assigned shall notify the

regulations compiler:

1. Of the date, time, and place of the meeting at which it will consider the

administrative regulation; or

2. That it will not meet to consider the administrative regulation.

(7) (a) Within ninety (90) days of the assignment, the legislative committee may hold

a public meeting during which the administrative regulation shall be

reviewed.

(b) If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday,

the deadline for review shall be the workday following the Saturday, Sunday,

or holiday.

(c) 1. If the administrative regulation is assigned to an interim joint committee

and a session of the General Assembly begins during the review period,

the assignment shall transfer to the Senate and House standing

committees with subject matter jurisdiction.

2. If the administrative regulation is assigned to Senate and House standing

committees and a session of the General Assembly adjourns sine die

during the review period, the assignment shall transfer to the interim

joint committee with subject matter jurisdiction.

3. An administrative regulation may be transferred more than one (1) time

under this paragraph. A transfer shall not extend the review period

established by this subsection.

(d) Notice of the time, date, and place of the meeting shall be placed in the

legislative calendar.

(8) Except as provided in subsection (9) of this section, a legislative committee shall be

empowered to make the same determinations and to exercise the same authority as

the Administrative Regulation Review Subcommittee, including all powers and

restrictions relating to informational reviews conducted under KRS 13A.030(3) or

(4).

(9) (a) This subsection shall apply to ordinary and emergency administrative

regulations filed with the Commission and reviewed pursuant to subsection

(7) of this section.

(b) A majority of the entire membership of the legislative committee shall

constitute a quorum for purposes of reviewing administrative regulations.

(c) In order to amend an administrative regulation pursuant to KRS 13A.320,

defer an administrative regulation pursuant to KRS 13A.300, or find an

administrative regulation deficient pursuant to KRS 13A.030(2), (3), or (4) or

13A.190(3), the motion to amend, defer, or find deficient shall be approved by

a majority of the entire membership of the legislative committee.

Additionally, during a session of the General Assembly, standing committees

of the Senate and House of Representatives shall agree in order to amend an

administrative regulation, defer an administrative regulation, or find an

administrative regulation deficient by:

1. Meeting separately; or

2. Meeting jointly. If the standing committees meet jointly, it shall require

a majority vote of Senate members voting and a majority of House

members voting, as well as the majority vote of the entire membership

of the standing committees meeting jointly, in order to take action on the

administrative regulation.

(10) (a) The quorum requirements of subsection (9)(b) of this section shall apply to an

effective or filed administrative regulation that is under informational review

by a legislative committee pursuant to subsection (8) of this section and KRS

13A.030(3) or (4).

(b) A motion to defer the informational review of an administrative regulation or

find the administrative regulation deficient shall be approved by:

1. A majority of the entire membership of the Administrative Regulation

Review Subcommittee; or

2. A legislative committee in accordance with subsection (9)(c) of this

section.

(11) (a) Upon adjournment of the meeting at which a legislative committee has

considered an administrative regulation pursuant to subsection (7) or (10) of

this section, the legislative committee shall inform the regulations compiler of

its findings, recommendations, or other action taken on the administrative

regulation.

(b) Following the meeting and before the next regularly scheduled meeting of the

Commission, the legislative committee shall forward to the Commission its

findings, recommendations, or other comments it deems appropriate in

writing. The legislative committee's findings shall be published in the

Administrative Register.