KRS 13A.330: Notification of finding of deficiency -- Governor's determination after

finding of deficiency.

(1) (a) If a filed ordinary administrative regulation has been found deficient, the

legislative committee shall transmit to the Governor and the regulations

compiler:

1. A copy of the finding of deficiency and other relevant findings,

recommendations, or comments; and

2. A request that the Governor determine whether the administrative

regulation shall:

a. Be withdrawn;

b. Be amended at a legislative committee meeting pursuant to

KRS 13A.320 to conform to the finding of deficiency; or

c. Become effective pursuant to the provisions of this section

notwithstanding the finding of deficiency.

(b) The Governor shall transmit his or her determination to the Commission

and the regulations compiler.

(c) A filed ordinary administrative regulation that has been found deficient

shall be considered as adopted and become effective after:

1. a. The review period established in this chapter has been

completed; and

b. The regulations compiler has received the Governor's

determination that the administrative regulation shall become

effective pursuant to the provisions of this section

notwithstanding the finding of deficiency; or

2. The legislative committee that found the filed administrative

regulation deficient subsequently determines that it is not deficient in

accordance with KRS 13A.335, provided that this determination was

made prior to receipt by the regulations compiler of the Governor's

determination.

(2) (a) If an emergency administrative regulation has been found deficient, the

legislative committee finding it deficient shall transmit to the Governor and

the regulations compiler:

1. A copy of the finding of deficiency and other relevant findings,

recommendations, or comments; and

2. A request that the Governor determine whether the emergency

administrative regulation shall:

a. Be withdrawn;

b. Be amended at a legislative committee meeting pursuant to

KRS 13A.320 to conform to the finding of deficiency; or

c. Remain effective as established in KRS 13A.190(4)

notwithstanding the finding of deficiency.

(b) The Governor shall transmit his or her determination to the Commission

and the regulations compiler.

(c) The legislative committee that found the emergency administrative

regulation deficient may subsequently determine that it is not deficient in

accordance with KRS 13A.335.

(3) If an effective ordinary administrative regulation has been found deficient by a

legislative committee, the legislative committee shall transmit to the Governor a

copy of its finding of deficiency and other findings, recommendations, or

comments it deems appropriate.