Page 1 of 1
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, <br>review of new, emergency, and existing administrative regulations, the lack of <br>administrative regulations, and the needs of administrative bodies;
(b) Except as provided by KRS 158.6471 and 158.6472, review and comment
upon administrative regulations submitted to it by the Commission;
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes
affecting administrative regulations or the ability of administrative bodies to <br>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 nonbinding determination:
(a) That an administrative regulation 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 <br>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 <br>business, or both; or
8.
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(c) That an administrative regulation should be amended or repealed.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 require any administrative body to submit data and
information as required by the subcommittee in the performance of its duties under <br>this chapter, and no administrative body shall fail to provide the information or data <br>required.
Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. -- Amended
2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 598, sec. 7, effective April 14, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 5, <br>effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, <br>1986. -- Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984.
Page 1 of 1
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, <br>review of new, emergency, and existing administrative regulations, the lack of <br>administrative regulations, and the needs of administrative bodies;
(b) Except as provided by KRS 158.6471 and 158.6472, review and comment
upon administrative regulations submitted to it by the Commission;
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes
affecting administrative regulations or the ability of administrative bodies to <br>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 nonbinding determination:
(a) That an administrative regulation 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 <br>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 <br>business, or both; or
8.
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 require any administrative body to submit data and
information as required by the subcommittee in the performance of its duties under <br>this chapter, and no administrative body shall fail to provide the information or data <br>required.
Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. -- Amended
2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 598, sec. 7, effective April 14, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 5, <br>effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, <br>1986. -- Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984.
Page 1 of 1
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, <br>review of new, emergency, and existing administrative regulations, the lack of <br>administrative regulations, and the needs of administrative bodies;
(b) Except as provided by KRS 158.6471 and 158.6472, review and comment
upon administrative regulations submitted to it by the Commission;
(c) Make recommendations for changes in statutes, new statutes, repeal of statutes
affecting administrative regulations or the ability of administrative bodies to <br>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 nonbinding determination:
(a) That an administrative regulation 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 <br>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 <br>business, or both; or
8.
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 require any administrative body to submit data and
information as required by the subcommittee in the performance of its duties under <br>this chapter, and no administrative body shall fail to provide the information or data <br>required.
Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 165, sec. 3, effective July 13, 2004. -- Amended
2000 Ky. Acts ch. 406, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 598, sec. 7, effective April 14, 1998. -- Amended 1994 Ky. Acts ch. 410, sec. 5, <br>effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 89, sec. 6, effective July 15, <br>1986. -- Created 1984 Ky. Acts ch. 417, sec. 3, effective April 13, 1984.
