KRS § 13A.312 — KY Code / Title III / Chapter 13A / Section 13A.312
13A.312 Actions required when authority over a subject matter is transferred to another administrative body or name of administrative body is changed -- Return of administrative regulations to previous form if General Assembly does not confirm or codify executive order
Status: in_force

13A.312 Actions required when authority over a subject matter is transferred to

another administrative body or name of administrative body is changed --

Return of administrative regulations to previous form if General Assembly

does not confirm or codify executive order.

(1) If authority over a subject matter is transferred to another administrative body or if

the name of an administrative body is changed by statute or by executive order

during the interim between regular sessions of the General Assembly, the

administrative regulations of that administrative body in effect on the effective date

of the statutory change or the executive order shall remain in effect as they exist

until the administrative body that has been granted authority over the subject matter

amends or repeals the administrative regulations pursuant to KRS Chapter 13A.

(2) After receipt of a written request, submitted pursuant to subsection (3) of this

section, to make changes to an administrative regulation pursuant to the statutory

change or executive order, the regulations compiler shall alter the administrative

regulations referenced in subsection (1) of this section to:

(a) Change the name of the administrative body pursuant to the provisions of the

statute or executive order; and

(b) Make any other technical changes necessary to carry out the provisions of the

statute or executive order if the changes do not affect the scope or substance

of the administrative regulation.

(3) (a) The administrative body that has been granted statutory authority over the

subject matter shall provide to the regulations compiler in writing and in an

electronic format approved by the regulations compiler:

1. A listing of the administrative regulations that require any changes; and

2. The specific names, terms, or other information to be changed, marked

in the complete text of the existing administrative regulation in the

format prescribed by KRS 13A.222(2).

(b) If there are differences between the paper copy and the electronic version, the

electronic version shall be the controlling version.

(4) The administrative body that has been granted statutory authority over the subject

matter shall submit new forms to replace forms previously incorporated by

reference in an administrative regulation if the only changes on the form are the

name and mailing address of the administrative body. If there are additional

changes to a form incorporated by reference, the administrative body shall

promulgate an amendment to the existing administrative regulation and make the

changes to the material incorporated by reference in accordance with KRS

13A.2255.

(5) If an administrative body is abolished by statute or executive order and the

authority over its subject matter is not transferred to another administrative body,

the Governor, or the secretary of the cabinet to which the administrative body was

attached, shall promulgate an administrative regulation to repeal the existing

administrative regulations that were promulgated by the abolished administrative

body. The repeal shall be accomplished as provided by KRS 13A.310.

(6) If an executive order transfers authority over a subject matter to another

administrative body or changes the name of an administrative body during the

interim between regular sessions of the General Assembly, and the General

Assembly does not codify or confirm the executive order during the next regular

session, any and all administrative regulations promulgated to implement the

unconfirmed executive order shall be returned to their previous form by the

administrative body using the promulgation procedures established by KRS Chapter

13A, including but not limited to:

(a) Withdrawal of a proposed administrative regulation;

(b) Amendment or repeal of an existing administrative regulation;

(c) Promulgation of a new administrative regulation; or

(d) Submission of technical changes in the manner established by subsections (3)

and (4) of this section.