KRS § 13A.030 — KY Code / Title III / Chapter 13A / Section 13A.030
13A.030 Duties of subcommittee
Status: repealed

13A.030 Duties of subcommittee.

(1) The Administrative Regulation Review Subcommittee shall:

(a) Conduct a continuous study as to whether additional legislation or changes in

legislation are needed based on various factors, including but not limited to

review of new, emergency, and existing administrative regulations, the lack of

administrative regulations, and the needs of administrative bodies;

(b) Except as provided by KRS 158.6471 and 158.6472, review and comment

upon effective administrative regulations pursuant to subsections (2), (3), and

(4) of this section or administrative regulations filed with the Commission;

(c) Make recommendations for changes in statutes, new statutes, repeal of

statutes affecting administrative regulations or the ability of administrative

bodies to promulgate them; and

(d) Conduct such other studies relating to administrative regulations as may be

assigned by the Commission.

(2) The subcommittee may make a determination:

(a) That an effective administrative regulation or an administrative regulation

filed with the Commission is deficient because it:

1. Is wrongfully promulgated;

2. Appears to be in conflict with an existing statute;

3. Appears to have no statutory authority for its promulgation;

4. Appears to impose stricter or more burdensome state requirements than

required by the federal mandate, without reasonable justification;

5. Fails to use tiering when tiering is applicable;

6. Is in excess of the administrative body's authority;

7. Appears to impose an unreasonable burden on government or small

business, or both;

8. Is filed as an emergency administrative regulation without adequate

justification of the emergency nature of the situation as described in

KRS 13A.190(1);

9. Has not been noticed in conformance with the requirements of KRS

13A.270(3);

10. Does not provide an adequate cost analysis pursuant to KRS 13A.250;

11. Violates KRS 13A.105;

12. Was the subject of the subcommittee's instruction to an administrative

body to appear under subsection (4) of this section and the

administrative body failed to:

a. Appear;

b. Make a good-faith effort to answer subcommittee questions; or

c. Provide any information or data required by the subcommittee; or

13. Appears to be deficient in any other manner;

(b) That an administrative regulation is needed to implement an existing statute;

or

(c) That an administrative regulation should be amended or repealed.

(3) The subcommittee may conduct an informational review of an effective

administrative regulation or an administrative regulation filed with the Commission

if requested by a member of the subcommittee.

(4) (a) The subcommittee may require any administrative body to appear before it to

answer questions or submit data and information as required by the

subcommittee in the performance of its duties under this chapter, and no

administrative body shall fail to:

1. Appear before the subcommittee;

2. Make a good-faith effort to answer subcommittee questions;

3. Provide any information or data required by the subcommittee; or

4. Perform any combination of subparagraphs 1., 2., and 3. of this

paragraph required by the subcommittee.

(b) Either co-chair of the subcommittee may require action by an administrative

body under paragraph (a) of this subsection on behalf of the subcommittee.

(5) At least five (5) calendar days before an informational review of an ordinary

administrative regulation, the subcommittee shall notify the affected administrative

body.