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13A.335 Reasons regulation found deficient shall not be considered deficient.
(1) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if: <br>(a) A subsequent amendment of that administrative regulation is filed with the
Commission by the administrative body;
(b) The subcommittee that found the administrative regulation deficient approves
a motion that the subsequent amendment corrects the deficiency; and
(c) Any subcommittee that reviews the administrative regulation under the
provisions of KRS Chapter 13A finds that the administrative regulation is not <br>deficient.
(2) An administrative regulation found deficient by the Administrative Regulation
Review Subcommittee shall not be considered deficient if: <br>(a) The administrative regulation is amended to correct the deficiency at a
meeting of the subcommittee to which it was assigned by the Commission;
(b) That subcommittee does not determine that the administrative regulation is
deficient for any other reason; and
(c) The Administrative Regulation Review Subcommittee approves a motion that
the deficiency has been corrected and that the administrative regulation should <br>not be considered deficient.
(3) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if the subcommittee: <br>(a) Reconsiders the administrative regulation and its finding of deficiency; and <br>(b) Approves a motion that the administrative regulation is not deficient.
(4) (a) If an existing administrative regulation has been amended and found deficient
by a subcommittee, it shall not be considered deficient if the: <br>1.
Administrative regulation was found deficient due to the amendment;
2.
Promulgating administrative body has withdrawn the proposed <br>amendment of the existing administrative regulation; and
3.
Regulations compiler has not received the Governor's determination <br>pursuant to KRS 13A.330 or 13A.331.
(b) If an administrative regulation has been found deficient by a subcommittee,
the regulations compiler shall add the following notice to the administrative <br>regulation: "This administrative regulation was found deficient by the [name <br>of subcommittee] on [date]." This notice shall be the last section of the <br>administrative regulation.
(c) If an administrative regulation has been found deficient by a subcommittee,
subsequent amendments of that administrative regulation filed with the <br>Commission shall contain the notice provided in paragraph (b) of this <br>subsection.
(d) If an administrative regulation that has been found deficient by a
subcommittee has subsequently been determined not to be deficient under the
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provisions of this section, the regulations compiler shall delete the notice <br>required by paragraph (b) of this subsection.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 350, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 19, <br>effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516, sec. 5, effective July 13, <br>1990.
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13A.335 Reasons regulation found deficient shall not be considered deficient.
(1) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if: <br>(a) A subsequent amendment of that administrative regulation is filed with the
Commission by the administrative body;
(b) The subcommittee that found the administrative regulation deficient approves
a motion that the subsequent amendment corrects the deficiency; and
(c) Any subcommittee that reviews the administrative regulation under the
provisions of KRS Chapter 13A finds that the administrative regulation is not <br>deficient.
(2) An administrative regulation found deficient by the Administrative Regulation
Review Subcommittee shall not be considered deficient if: <br>(a) The administrative regulation is amended to correct the deficiency at a
meeting of the subcommittee to which it was assigned by the Commission;
(b) That subcommittee does not determine that the administrative regulation is
deficient for any other reason; and
(c) The Administrative Regulation Review Subcommittee approves a motion that
the deficiency has been corrected and that the administrative regulation should <br>not be considered deficient.
(3) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if the subcommittee: <br>(a) Reconsiders the administrative regulation and its finding of deficiency; and <br>(b) Approves a motion that the administrative regulation is not deficient.
(4) (a) If an existing administrative regulation has been amended and found deficient
by a subcommittee, it shall not be considered deficient if the: <br>1.
Administrative regulation was found deficient due to the amendment;
2.
Promulgating administrative body has withdrawn the proposed <br>amendment of the existing administrative regulation; and
3.
Regulations compiler has not received the Governor's determination <br>pursuant to KRS 13A.330 or 13A.331.
(b) If an administrative regulation has been found deficient by a subcommittee,
the regulations compiler shall add the following notice to the administrative <br>regulation: "This administrative regulation was found deficient by the [name <br>of subcommittee] on [date]." This notice shall be the last section of the <br>administrative regulation.
(c) If an administrative regulation has been found deficient by a subcommittee,
subsequent amendments of that administrative regulation filed with the <br>Commission shall contain the notice provided in paragraph (b) of this <br>subsection.
(d) If an administrative regulation that has been found deficient by a
subcommittee has subsequently been determined not to be deficient under the
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provisions of this section, the regulations compiler shall delete the notice <br>required by paragraph (b) of this subsection.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 350, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 19, <br>effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516, sec. 5, effective July 13, <br>1990.
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13A.335 Reasons regulation found deficient shall not be considered deficient.
(1) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if: <br>(a) A subsequent amendment of that administrative regulation is filed with the
Commission by the administrative body;
(b) The subcommittee that found the administrative regulation deficient approves
a motion that the subsequent amendment corrects the deficiency; and
(c) Any subcommittee that reviews the administrative regulation under the
provisions of KRS Chapter 13A finds that the administrative regulation is not <br>deficient.
(2) An administrative regulation found deficient by the Administrative Regulation
Review Subcommittee shall not be considered deficient if: <br>(a) The administrative regulation is amended to correct the deficiency at a
meeting of the subcommittee to which it was assigned by the Commission;
(b) That subcommittee does not determine that the administrative regulation is
deficient for any other reason; and
(c) The Administrative Regulation Review Subcommittee approves a motion that
the deficiency has been corrected and that the administrative regulation should <br>not be considered deficient.
(3) An administrative regulation found deficient by a subcommittee shall not be
considered deficient if the subcommittee: <br>(a) Reconsiders the administrative regulation and its finding of deficiency; and <br>(b) Approves a motion that the administrative regulation is not deficient.
(4) (a) If an existing administrative regulation has been amended and found deficient
by a subcommittee, it shall not be considered deficient if the: <br>1.
Administrative regulation was found deficient due to the amendment;
2.
Promulgating administrative body has withdrawn the proposed <br>amendment of the existing administrative regulation; and
3.
Regulations compiler has not received the Governor's determination <br>pursuant to KRS 13A.330 or 13A.331.
(b) If an administrative regulation has been found deficient by a subcommittee,
the regulations compiler shall add the following notice to the administrative <br>regulation: "This administrative regulation was found deficient by the [name <br>of subcommittee] on [date]." This notice shall be the last section of the <br>administrative regulation.
(c) If an administrative regulation has been found deficient by a subcommittee,
subsequent amendments of that administrative regulation filed with the <br>Commission shall contain the notice provided in paragraph (b) of this <br>subsection.
(d) If an administrative regulation that has been found deficient by a
subcommittee has subsequently been determined not to be deficient under the
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provisions of this section, the regulations compiler shall delete the notice <br>required by paragraph (b) of this subsection.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 23, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 406, sec. 21, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 350, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 180, sec. 19, <br>effective July 15, 1996. -- Created 1990 Ky. Acts ch. 516, sec. 5, effective July 13, <br>1990.
