KRS 13A.120: Promulgation of administrative regulations -- Prohibitions concerning

promulgations.

(1) (a) An administrative body may promulgate administrative regulations to

implement a statute only when the act of the General Assembly creating or

amending the s tatute specifically authorizes the promulgation of

administrative regulations or administrative regulations are required by federal

law, in which case administrative regulations shall be no more stringent than

the federal law or regulations.

(b) An administrative body that promulgates an administrative regulation required

by federal law or federal regulation shall comply with the provisions of this

chapter.

(2) An administrative body shall not promulgate administrative regulations:

(a) When a statute prohib its the administrative body from promulgating

administrative regulations;

(b) When the administrative body is not authorized by statute to promulgate

administrative regulations;

(c) When a statute prohibits the administrative body from regulation of that

particular matter;

(d) When the administrative body is not authorized by statute to regulate that

particular matter;

(e) When a statute prescribes the same or similar procedure for the matter

regulated;

(f) When a statute sets forth a comprehensive scheme o f regulation of the

particular matter;

(g) On any matter that is not clearly within the jurisdiction of the administrative

body;

(h) On any matter that is beyond the statutory authorization of the administrative

body to promulgate administrative regulations or that is not clearly authorized

by statute; and

(i) That modify or vitiate a statute or its intent.

(3) If a statute requires an administrative body or official to submit an administrative

regulation to an official or administrative body for review or approval prior to filing

the administrative regulation with the commission, the administrative body or

official shall not file the administrative regulation without first having obtained the

review or approval.

(4) Any administrative regulation in violation of this section or the spirit thereof is null,

void, and unenforceable.

(5) No administrative body, other than the Court of Justice, shall issue rules.

(6) No administrative body shall issue standards or by any other name issue a document

of any type where an administrative regulation is required or authorized by law.