KRS § 13A.300 — KY Code / Title III / Chapter 13A / Section 13A.300
13A.300 Request by promulgating administrative body to defer consideration of administrative regulation -- Consideration of deferred administrative regulation -- Informational review of deferred administrative regulation -- Limitation on number of deferrals -- Failure of representative of administrative body to appear before legislative committee
Status: in_force

13A.300 Request by promulgating administrative body to defer consideration of

administrative regulation -- Consideration of deferred administrative

regulation -- Informational review of deferred administrative regulation --

Limitation on number of deferrals -- Failure of representative of

administrative body to appear before legislative committee.

(1) The administrative body that promulgated an administrative regulation may request

that consideration of the administrative regulation be deferred by a legislative

committee.

(2) The deferral of an administrative regulation scheduled for full review by the

Administrative Regulation Review Subcommittee pursuant to KRS

13A.290(1)(b)1., 2., or 5. shall be governed by KRS 13A.020(4) and the following:

(a) A request for deferral of an ordinary administrative regulation filed with the

Commission shall be automatically granted if:

1. The administrative body submits a written letter to the regulations

compiler; and

2. The letter is received by 12 noon, eastern time, at least five (5) calendar

days prior to the subcommittee meeting;

(b) A request for deferral of an emergency administrative regulation may be

granted if:

1. The administrative body submits a written letter to the regulations

compiler;

2. The letter is received prior to the subcommittee meeting; and

3. Approved by the co-chairs of the Administrative Regulation Review

Subcommittee;

(c) A request for deferral may be granted at the discretion of the subcommittee if

the request is made by the administrative body orally at a meeting of the

subcommittee;

(d) The subcommittee may request that consideration of an administrative

regulation be deferred by the promulgating administrative body. Upon receipt

of the request, the promulgating administrative body may agree to defer

consideration of the administrative regulation;

(e) Except as provided in paragraph (g) of this subsection, an administrative

regulation that has been deferred for full review shall be placed on the agenda

of the next scheduled meeting of the subcommittee. The subcommittee shall

consider the administrative regulation as if it had met all other requirements of

filing. Repromulgation shall not be required in those cases;

(f) 1. A filed administrative regulation deferred under this subsection may still

be placed on the agenda pursuant to KRS 13A.030(3) or (4) for

informational review.

2. If a filed administrative regulation is placed on the agenda pursuant to

subparagraph 1. of this paragraph, the full review of the filed

administrative regulation shall still be deferred in accordance with this

subsection; and

(g) An administrative regulation shall not be deferred under this subsection more

than twelve (12) times.

(3) The deferral of an informational review for an administrative regulation scheduled

by the Administrative Regulation Review Subcommittee pursuant to KRS

13A.290(1)(b)3. or 4. shall be governed by KRS 13A.020(4) and the following:

(a) A request to defer an informational review for an administrative regulation

that was placed on the subcommittee's agenda may be granted if:

1. The administrative body submits a written letter to the regulations

compiler;

2. The letter is received prior to the subcommittee meeting; and

3. Approved by the co-chairs of the Administrative Regulation Review

Subcommittee;

(b) A request for deferral may be granted at the discretion of the subcommittee if

the request is made by the administrative body orally at a meeting of the

subcommittee; and

(c) An informational review for an administrative regulation that is deferred may

be placed on the agenda of the next scheduled meeting of the subcommittee.

(4) (a) The deferral of a filed ordinary or emergency administrative regulation

assigned to a second legislative committee or committees for full review

pursuant to KRS 13A.290(6) and (7) shall be governed by this subsection and

the voting requirements of KRS 13A.290(9).

(b) A request for deferral may be granted if:

1. The administrative body submits a written letter to the regulations

compiler;

2. The letter is received:

a. Prior to the legislative committee meeting for an emergency

administrative regulation; or

b. By 12 noon, eastern time, at least five (5) calendar days prior to

the legislative committee meeting for an ordinary administrative

regulation; and

3. Approved by the presiding chair or chairs.

(c) A request for deferral may be granted at the discretion of the second

legislative committee if the request is made by the administrative body orally

at a meeting of the legislative committee.

(d) 1. At a meeting of a legislative committee, the legislative committee may

request that consideration of an administrative regulation be deferred by

the administrative body. Upon receipt of the request, the administrative

body may agree to defer consideration of the administrative regulation.

2. An administrative regulation that is deferred for full review may be

placed on a subsequent agenda of the legislative committee or

committees within the review period.

3. Except as provided by subparagraph 4. of this paragraph, if a filed

ordinary administrative regulation that has been deferred for full review

is not placed on a subsequent agenda within the review period, the

administrative regulation shall take effect at the expiration of the review

period.

4. a. If requested by the administrative body, an administrative

regulation may be deferred beyond the review period for an

additional ninety (90) days if the deferral is requested and

approved as established by paragraphs (b) and (c) of this

subsection.

b. If a filed ordinary administrative regulation that has been deferred

is not placed on a subsequent agenda within the additional ninety

(90) days, the administrative regulation shall take effect at the

expiration of the additional ninety (90) days.

(e) 1. A filed administrative regulation deferred under this subsection may still

be placed on the agenda for informational review pursuant to KRS

13A.030(3) or (4) and 13A.290(8).

2. If a filed administrative regulation is placed on the agenda pursuant to

subparagraph 1. of this paragraph, the full review of the filed

administrative regulation may be scheduled by the legislative committee

at a subsequent meeting during the ninety (90) day review period.

(5) (a) The deferral of an informational review for an administrative regulation

scheduled by a second legislative committee pursuant to KRS 13A.030(3) or

(4) and 13A.290(8) shall be governed by this subsection and the voting

requirements of KRS 13A.290(9).

(b) A request to defer an informational review for an administrative regulation

that was placed on the legislative committee's agenda may be granted if:

1. The administrative body submits a written letter to the regulations

compiler;

2. The letter is received prior to the legislative committee meeting; and

3. Approved by the presiding chair or chairs.

(c) A request for deferral of an informational review for an administrative

regulation may be granted at the discretion of the legislative committee if the

request is made by the administrative body orally at a meeting of the

legislative committee.

(d) An informational review for an administrative regulation that is deferred may

be placed on a subsequent agenda of the legislative committee.

(6) Except as provided by KRS 13A.290(4), 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 a legislative committee, the legislative committee in conformance

with KRS 13A.290(9) may:

(a) Defer the administrative regulation to a subsequent meeting of the legislative

committee within the review period; and

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

13A.190(3).

(7) 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) and 13A.290(8) fails to

appear before the legislative committee, the legislative committee in conformance

with KRS 13A.290(9) may:

(a) Defer the informational review for the administrative regulation to a

subsequent meeting of the legislative committee; and

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

13A.190(3).

(8) An administrative regulation found deficient by a legislative committee may be

deferred in accordance with KRS 13A.020(4) and 13A.290 and this section.