<br><br> <br>Page 1 of 1 <br>13A.337 Legislative finding -- Certain administrative regulations void -- <br>Prohibition against promulgating substantially similar regulations -- Judicial <br>review. <br>(1) The General Assembly finds that certain administrative regulations, as evidenced by <br>the records of the Legislative Research Commission, including but not limited to <br>the Kentucky Administrative Regulations Service and the Administrative Register <br>of Kentucky, were found deficient on or after July 15, 1988, and either expired prior <br>to or upon adjournment of the 2001 General Assembly, or were scheduled to expire <br>upon adjournment of the 2002 Regular Session of the General Assembly, under the <br>provisions of KRS Chapter 13A as existing before the issuance of the Opinion and <br>Order of the Franklin Circuit Court in Patton v. Sherman et al., Civil Action No. 01-<br>CI-00660, entered January 11, 2002. <br>(2) Contrary provisions of any section of the Kentucky Revised Statutes <br>notwithstanding, the administrative regulations identified in subsection (1) of this <br>section shall be null, void, and unenforceable, as follows: <br>(a) Those administrative regulations identified in subsection (1) of this section <br>which expired prior to or upon adjournment of the 2001 Regular Session of <br>the General Assembly under the provisions of KRS Chapter 13A existing <br>before the issuance of the court order referenced in subsection (1) of this <br>section shall be null, void, and unenforceable as of their recorded date of <br>expiration, according to the records of the Legislative Research Commission. <br>Administrative bodies and regulated persons and entities have relied on the <br>assumption that these administrative regulations have previously expired; <br>therefore, this subsection shall have the retroactive effect necessary to <br>implement its provisions; and <br>(b) Those administrative regulations identified in subsection (1) of this section <br>due to expire upon adjournment of the 2002 Regular Session of the General <br>Assembly, under the provisions of KRS Chapter 13A existing before the <br>issuance of the court order referenced in subsection (1) of this section, shall be <br>null, void, and unenforceable on March 27, 2002. <br>(3) Contrary provisions of any section of the Kentucky Revised Statutes <br>notwithstanding, an administrative body shall be prohibited from promulgating an <br>administrative regulation that is identical to or substantially the same as any <br>administrative regulation identified in subsection (1) of this section for a period <br>beginning on January 11, 2002, and concluding upon adjournment of the 2003 <br>Regular Session of the General Assembly. This subsection shall have the retroactive <br>effect necessary to implement its provisions. <br>(4) The Legislative Research Commission may file an action in the Franklin Circuit <br>Court for judicial review to determine if any administrative regulation is lawfully <br>promulgated in accordance with the laws and Constitution of the Commonwealth of <br>Kentucky. <br>Effective: March 27, 2002 <br>History: Created 2002 Ky. Acts ch. 76, sec. 1, effective March 27, 2002. <br><br>