KRS § 13A.337 — KY Code / Title III / Chapter 13A / Section 13A.337
13A.337 Legislative finding -- Certain administrative regulations void -- Prohibition against promulgating substantially similar regulations -- Judicial review
Status: in_force

13A.337 Legislative finding -- Certain administrative regulations void --

Prohibition against promulgating substantially similar regulations -- Judicial

review.

(1) The General Assembly finds that certain administrative regulations, as evidenced by

the records of the Legislative Research Commission, including but not limited to

the Kentucky Administrative Regulations Service and the Administrative Register

of Kentucky, were found deficient on or after July 15, 1988, and either expired prior

to or upon adjournment of the 2001 General Assembly, or were scheduled to expire

upon adjournment of the 2002 Regular Session of the General Assembly, under the

provisions of KRS Chapter 13A as existing before the issuance of the Opinion and

Order of the Franklin Circuit Court in Patton v. Sherman et al., Civil Action No. 01-

CI-00660, entered January 11, 2002.

(2) Contrary provisions of any section of the Kentucky Revised Statutes

notwithstanding, the administrative regulations identified in subsection (1) of this

section shall be null, void, and unenforceable, as follows:

(a) Those administrative regulations identified in subsection (1) of this section

which expired prior to or upon adjournment of the 2001 Regular Session of

the General Assembly under the provisions of KRS Chapter 13A existing

before the issuance of the court order referenced in subsection (1) of this

section shall be null, void, and unenforceable as of their recorded date of

expiration, according to the records of the Legislative Research Commission.

Administrative bodies and regulated persons and entities have relied on the

assumption that these administrative regulations have previously expired;

therefore, this subsection shall have the retroactive effect necessary to

implement its provisions; and

(b) Those administrative regulations identified in subsection (1) of this section

due to expire upon adjournment of the 2002 Regular Session of the General

Assembly, under the provisions of KRS Chapter 13A existing before the

issuance of the court order referenced in subsection (1) of this section, shall be

null, void, and unenforceable on March 27, 2002.

(3) Contrary provisions of any section of the Kentucky Revised Statutes

notwithstanding, an administrative body shall be prohibited from promulgating an

administrative regulation that is identical to or substantially the same as any

administrative regulation identified in subsection (1) of this section for a period

beginning on January 11, 2002, and concluding upon adjournment of the 2003

Regular Session of the General Assembly. This subsection shall have the retroactive

effect necessary to implement its provisions.

(4) The Legislative Research Commission may file an action in the Franklin Circuit

Court for judicial review to determine if any administrative regulation is lawfully

promulgated in accordance with the laws and Constitution of the Commonwealth of

Kentucky.