KRS 13A.310: Repeal or permissive withdrawal of administrative regulation.

(1) Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative

regulation, once adopted, cannot be withdrawn but shall be repealed if it is

desired that it no longer be effective.

(2) Except as provided in KRS 13A.3102 and 13A.3104, an ordinary administrative

regulation, once adopted, cannot be suspended but shall be repealed if it is

desired to suspend its effect.

(3) (a) An ordinary administrative regulation shall be repealed only by the

promulgation of an administrative regulation that:

1. Is titled "Repeal of (state number of administrative regulation to be

repealed)";

2. Contains the reasons for repeal in the "NECESSITY, FUNCTION,

AND CONFORMITY" paragraph;

3. Includes in the body of the administrative regulation, a citation to the

number and title of the administrative regulation or regulations being

repealed; and

4. Meets the filing and formatting requirements of KRS 13A.220.

(b) 1. Except as provided in subparagraph 2. of this paragraph, on the

effective date of an administrative regulation that repeals an

administrative regulation, determined in accordance with KRS

13A.330 or 13A.331, the regulations compiler shall delete the

repealed administrative regulation and the repealing administrative

regulation from the Kentucky Administrative Regulations Service.

2. If the repealing administrative regulation specifies an effective date

that is after the administrative regulation would become effective

pursuant to KRS 13A.330 or 13A.331, the specified effective date

shall be considered the effective date of the repealing administrative

regulation. On the specified effective date, the regulations compiler

shall delete the repealed administrative regulation and the repealing

administrative regulation from the Kentucky Administrative

Regulations Service.

(c) An administrative body may repeal more than one (1) administrative

regulation in an administrative regulation promulgated pursuant to

paragraph (a) of this subsection if the administrative regulations being

repealed are contained in the same chapter of the Kentucky

Administrative Regulations Service.

(4) (a) An ordinary administrative regulation may be withdrawn by the

promulgating administrative body at any time prior to its adoption.

(b) An ordinary administrative regulation that has been found deficient may

be withdrawn by the promulgating administrative body or by the Governor

at any time prior to its adoption.

(c) Once an ordinary administrative regulation is withdrawn, it shall not be

reinstated, except by repromulgation as a totally new matter.

(5) (a) An emergency administrative regulation may be withdrawn by the

promulgating administrative body at any time prior to its expiration.

(b) An emergency administrative regulation that has been found deficient

may be withdrawn by the promulgating administrative body or by the

Governor at any time prior to its expiration.

(6) If an administrative regulation is withdrawn, the administrative body or the

Governor shall inform the regulations compiler of the reasons for withdrawal in

writing.