13A.330 Adoption and effective date of administrative regulation -- Governor's determination after finding of deficiency.

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Page 1 of 2 13A.330 Adoption and effective date of administrative regulation -- Governor's determination after finding of deficiency. The provisions of this section shall apply to administrative regulations that are assigned <br>pursuant to KRS 13A.290(6)(a)1. <br>(1) An administrative regulation that has not been found deficient by a legislative subcommittee shall be considered as adopted and shall become effective: <br>(a) Upon adjournment on the day a subcommittee meets to consider the administrative regulation pursuant to KRS 13A.290(7) if: <br>1. The administrative regulation is on the agenda of the subcommittee <br>meeting; 2. A quorum of the subcommittee is present; and 3. The subcommittee: <br>a. Considers the administrative regulation; or b. Fails to consider the administrative regulation and fails to agree to <br>defer its consideration of the administrative regulation; or (b) If a subcommittee fails to meet within thirty (30) days of assignment of an administrative regulation as provided in KRS 13A.290(7), or does not place <br>the administrative regulation on the agenda of a meeting held within thirty <br>(30) days of the referral of the administrative regulation to it by the <br>Commission, at the expiration of the thirty (30) day period. (2) If an administrative regulation has been found deficient by a legislative subcommittee, the legislative subcommittee shall transmit to the Governor: <br>(a) A copy of its finding of deficiency and other findings, recommendations, or comments it deems appropriate; and (b) A request that the Governor determine whether the administrative regulation shall: <br>1. Be withdrawn; 2. Be withdrawn and amended to conform to the finding of deficiency; or 3. Become effective pursuant to the provisions of this section <br>notwithstanding the finding of deficiency. (3) If an administrative regulation has been found deficient by a legislative subcommittee, the legislative subcommittee shall transmit copies of its transmittal <br>to the Governor to the regulations compiler. (4) The Governor shall transmit his determination to the Commission and the regulations compiler. (5) An administrative regulation that has been found deficient by a legislative subcommittee shall be considered as adopted and become effective after: <br>(a) 1. The subcommittee of appropriate jurisdiction to which an administrative <br>regulation was assigned pursuant to KRS 13A.290(6) has: <br>a. Considered the administrative regulation; Page 2 of 2 b. Failed to consider the administrative regulation and failed to agree <br>to defer its consideration of the administrative regulation; or c. Failed to meet within thirty (30) days of such assignment; and 2. The regulations compiler has received the Governor's determination that <br>the administrative regulation shall become effective pursuant to the <br>provisions of this section notwithstanding the finding of deficiency; or (b) The legislative subcommittee that found the administrative regulation deficient subsequently determines that the administrative regulation is not <br>deficient, provided that this determination was made prior to receipt by the <br>regulations compiler of the Governor's determination. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 100, sec. 22, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 38, sec. 8, effective July 15, 1998; and ch. 350, sec. 2, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 180, sec. 17, effective July 15, 1996; and ch. 269, <br>sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 26, effective <br>July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 31, effective July 13, 1990. -- <br>Amended 1988 Ky. Acts ch. 71, sec. 6, effective July 15, 1988. -- Created 1984 Ky. <br>Acts ch. 417, sec. 33, effective April 13, 1984.