Kentucky Statutes 13A.130 – Matters prohibited as subject of internal policy, memorandum, or other form of action
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(1) An administrative body shall not by internal policy, memorandum, or other form of action:
(a) Modify a statute or administrative regulation;
(b) Expand upon or limit a statute or administrative regulation; or
(c) Except as authorized by the Constitution of the United States, the Constitution of Kentucky, or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Constitution of Kentucky, a statute, or an administrative regulation.
(2) Any administrative body memorandum, internal policy, or other form of action violative of this section or the spirit thereof is null, void, and unenforceable.
(3) This section shall not be construed to prohibit an administrative body issuing an opinion or administrative decision that is authorized by statute.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 10, effective July 15, 2016. — Created
1984 Ky. Acts ch. 417, sec. 13, effective April 13, 1984.
(a) Modify a statute or administrative regulation;
Terms Used In Kentucky Statutes 13A.130
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administrative body: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity, except the General Assembly and the Court of Justice, authorized by law to promulgate administrative regulations. See Kentucky Statutes 13A.010
- Administrative regulation: means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body. See Kentucky Statutes 13A.010
- Statute: A law passed by a legislature.
(b) Expand upon or limit a statute or administrative regulation; or
(c) Except as authorized by the Constitution of the United States, the Constitution of Kentucky, or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Constitution of Kentucky, a statute, or an administrative regulation.
(2) Any administrative body memorandum, internal policy, or other form of action violative of this section or the spirit thereof is null, void, and unenforceable.
(3) This section shall not be construed to prohibit an administrative body issuing an opinion or administrative decision that is authorized by statute.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 82, sec. 10, effective July 15, 2016. — Created
1984 Ky. Acts ch. 417, sec. 13, effective April 13, 1984.