KRS 13A.335: Reasons administrative regulation found deficient shall not be considered

deficient -- Notice.

(1) (a) A filed administrative regulation found deficient by a legislative committee

shall not be considered deficient if:

1. A subsequent amendm ent of that administrative regulation is filed with

the Commission by the administrative body;

2. The legislative committee that found the administrative regulation

deficient approves a motion that the subsequent amendment corrects the

deficiency; and

3. The administrative regulation is not found deficient by any other

legislative committee that reviews the administrative regulation under

the provisions of KRS Chapter 13A.

(b) A filed administrative regulation found deficient by the Administrative

Regulation Review Subcommittee shall not be considered deficient if:

1. The administrative regulation is amended to correct the deficiency at a

meeting of a legislative committee;

2. A legislative committee does not determine that the administrative

regulation is deficient for any other reason; and

3. The Administrative Regulation Review Subcommittee approves a

motion that the deficiency has been corrected and that the administrative

regulation should not be considered deficient.

(c) A filed administrative regulation found deficient by a legislative committee

shall not be considered deficient if the legislative committee:

1. Reconsiders the administrative regulation and its finding of deficiency;

and

2. Approves a motion that the administrative regulation is not deficient.

(d) If an amendment to an effective administrative regulation is going through the

KRS Chapter 13A promulgation process and is found deficient by a

legislative committee, the administrative regulation shall not be con sidered

deficient if the:

1. Administrative regulation was found deficient due to the amendment;

2. Promulgating administrative body has withdrawn the proposed

amendment of the existing administrative regulation; and

3. Regulations compiler has not receive d the Governor's determination

pursuant to KRS 13A.330.

(2) If an effective administrative regulation is found deficient by a legislative

committee, the administrative regulation shall not be considered deficient if the

legislative committee:

(a) Reconsiders the administrative regulation and its finding of deficiency; and

(b) Approves a motion that the administrative regulation is not deficient.

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

committee, the regulations comp iler shall add the following notice to the

administrative regulation: "This administrative regulation was found deficient

by the [name of legislative committee] on [date]." This notice shall be the last

section of the administrative regulation.

(b) If an a dministrative regulation has been found deficient by a legislative

committee, subsequent amendments of that administrative regulation filed

with the Commission shall contain the notice provided in paragraph (a) of this

subsection.

(c) If an administrative regulation that has been found deficient by a legislative

committee has subsequently been determined not to be deficient under the

provisions of this section, the regulations compiler shall delete the notice

required by paragraph (a) of this subsection.