{"data":{"id":"us-ky/krs-13a.3104","jurisdiction":"us-ky","citation":"KRS 13A.3104","heading":"Certification process for avoiding expiration of administrative","body":"regulations -- When regulations expire.\n(1) If an administrative body does not want an administrative regulation to expire under\nKRS 13A.3102, the administrative body shall, in the twelve (12) months prior to the\nexpiration date:\n(a) Review the administrative regulation in its entirety for compliance with\ncurrent law governing the subject matter of the administrative regulation;\n(b) File a certification letter with the regulati ons compiler stating whether the\nadministrative regulation:\n1. Shall be amended because it is not in compliance with current governing\nlaw or otherwise needs amendment;\n2. Shall remain in effect without amendment because it is in compliance\nwith current governing law; or\n3. Is in need of amendment and a proposed amendment has already been\nfiled; and\n(c) Not be required to consider KRS Chapter 13A drafting and formatting\nrequirements as part of its review.\n(2) The certification letter shall be on the adminis trative body's official letterhead, in\nthe format prescribed by the regulations compiler, and include the following\ninformation:\n(a) The name of the administrative body;\n(b) The number of the administrative regulation;\n(c) The title of the administrative regulation;\n(d) The statement required by subsection (1)(b) of this section;\n(e) A brief statement in support of the decision; and\n(f) The authorizing signature of the administrative body.\n(3) (a) If the certification letter was filed pursuant to subsection (1)(b)1. of this\nsection, stating that the administrative regulation shall be amended, the\nadministrative body shall file an amendment to the administrative regulation\nin accordance with KRS Chapter 13A within eighteen (18) months of the date\nthe certification letter was filed.\n(b) If the amendment was filed in accordance with paragraph (a) of this\nsubsection:\n1. The administrative regulation shall not expire if the amendment is\ncontinuing through the administrative regulations process; or\n2. The administrative regulation shall expire on the date the amendment is\nwithdrawn or otherwise ceases going through the administrative\nregulations process.\n(c) Once the amendment is effective, the regulations compiler shall update the\nlast effective date for that administrative regulation to reflect the amendment's\neffective date.\n(d) If the amendment was not filed in accordance with paragraph (a) of this\nsubsection, the administrative regulation shall expire at the end of the eighteen\n(18) month period.\n(4) If the certification letter was filed pursuant to subsection (1)(b)2. of this section,\nstating that the administrative regulation shall remain in effect without amendment,\nthe regulations compiler shall:\n(a) Update the administrative regulation's history line to state that a certification\nletter was received; and\n(b) Change the last effective date of the administrative regulation to the date the\ncertification letter was received.\n(5) (a) If the certification letter was filed pursuant to subsection (1)(b)3. of this\nsection, stating that a proposed amendment has already been filed:\n1. The administrative regulation shall not expire if the amendment is\ncontinuing through the administrative regulations process; or\n2. The administrative regulation shall expire on the date the amendment is\nwithdrawn or otherwise ceases going through the administrative\nregulations process.\n(b) Once the amendment is effective, the regulations compiler shall update the\nlast effective date for that administrative regulation to reflect the amendment's\neffective date.\n(6) If filed by the deadline established in KRS 13A.050(3), the regulations compiler\nshall publish in the Administrative Register of Kentucky each certification letter\nreceived:\n(a) In summary format; or\n(b) In its entirety.","path":["KRS Chapter 13A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51289","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:30Z","sha256":"e09aa581aa1dda0cd84b7ec8f4b76420cc100bbdfce40497fcb58bbc0d301577","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13a.3102","next":"us-ky/krs-13a.312"},"notice":"GroundRules: Original legal text. Not legal advice."}