Ky. Rev. Stat. § 13A.100

Matters which shall be prescribed by administrative regulation

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Subject to limitations in applicable statutes, including KRS 13A.105, any administrative body that is empowered to promulgate administrative regulations shall, by administrative regulation, prescribe, consistent with applicable statutes: (1) Each statement of general applicability, policy, procedure, memorandum, or other form of action that implements; interprets; prescribes law or policy; describes the organization, procedure, or practice requirements of any administrative body; or affects private rights or procedures available to the public; (2) The process for application for license, benefits available or other matters for which an application would be appropriate unless such process is prescribed by a statute; (3) Fees, except for those exempted in paragraphs (a) to (j) of this subsection, to be charged by the administrative body if such fees are authorized by law and are not set by statute: (a) State park room rates; (b) Prices for food in restaurants at state facilities; (c) Prices for goods at gift shops at state facilities; (d) Prices for groceries and other items sold at state facilities; (e) Prices charged for state publications; (f) Prices charged for rides and amusement activities at state facilities; (g) Admission fees to athletic and entertainment events at state facilities; (h) Charges for swimming, skiing, horseback riding, and similar recreational activities at state facilities; (i) Charges for boat and equipment rentals for recreational purposes at state facilities; and (j) Admission fees charged for seminars and educational courses by state administrative bodies; (4) The procedures to be utilized by the administrative body in the conduct of hearings by or for the administrative body unless such procedures are prescribed by a statute; and (5) The disciplinary procedures within the jurisdiction of the administrative body unless such procedures are prescribed by statute. Effective: March 31, 2025 History: Amended 2025 Ky. Acts ch. 101, sec. 4, effective March 31, 2025. -- Amended 2016 Ky. Acts ch. 82, sec. 6, effective July 15, 2016. -- Amended 1990 Ky. Acts ch. 516, sec. 16, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 417, sec. 10, effective April 13, 1984. Legislative Research Commission Note. Acts 1984, ch. 419, effective July 13, 1984, provides: "Section 1. It is the intent of the General Assembly that the amendment of Section 10 by the Free Conference Committee report to 1984 HB 334 applies only to fees which are governmental in nature charged by state agencies and not to fees and charges which are proprietary in nature. Section 2. This resolution may be used by a court as an aid in the construction of 1984 HB 334."

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1994–2023 · leading case: Bowling v. Kentucky Department of Corrections

Sort: Relevance Newest Treatment

Bowling v. Kentucky Department of Corrections (2010) ky · cites it 29× “Pursuant to KRS 13A.100, the Kentucky General Assembly has required that such portions of the protocol be adopted as an administrative regulation.”

GTE v. Revenue Cabinet, Commonwealth of Kentucky (1994) ky · cites it 2× “Legislation enacted in KRS 13A.100(1) in 1990 requires that the regulatory process must be used to announce a general interpretation of the law by an administrative agency.”

Commonwealth v. Stambaugh (2010) ky · cites it 3× “120(1) are fully reconcilable, it is worth noting that were they thought to conflict, the more recently enacted statute, KRS 13A.100(1), which the General Assembly adopted in 1990 (1990 Ky.”

F. v. Brown (2010) ky “KRS 13A.100 provides that Subject to limitations in applicable statutes, any administrative body which is empowered to promulgate administrative regulations shall, by administrative regulation prescribe, consistent with applicable statutes: (1) Each statement of general…”

Central Kentucky Cellular Telephone Co. v. Commonwealth (1995) kyctapp · cites it 2× “120, the appellee has violated the requirements of KRS 13A.100 and 13A.130 that such actions be taken by regulation only.”

United Sign, Ltd. v. Commonwealth (2000) kyctapp · cites it 2× “Thus, KRS 13A.100 may not be relied upon as authority for the regulations.”

Lawson v. Kentucky Retirement Systems (2009) ky “590 is void for vagueness; and that if the statute is not void, then its language is so ambiguous that KERS was required by KRS 13A.100 to enact a defining regulation as to the meaning of the phrase "first retirement allowance payment has been issued by the State Treasurer.”

Hon. Andrew Beshear, in His Official Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (2020) ky “mandated by KRS 13A.100, which requires regulation if, as here, the regulation will prescribe statements of general applicability which implement laws .”

Gregory Harris Brandenburg, Rn, Arpn v. Kentucky Board of Nursing (2023) kyctapp “By contrast, he asserts the Guidelines he agreed to follow are illegal because they constitute “actual policy” -6- of the Board in violation of KRS 13A.100 and KRS 13A.130. Since Brandenburg is not attacking the constitutionality of a statute or a regulation, the trial court…”

Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corporation (2015) ky “" Neither the text of the regulation nor the text of the enabling statutes, KRS 13A.100, and KRS 351.070, encompasses the installation of a garage door during the construction of a building on the mining premises.”

— Ky. Rev. Stat. § 13A.100(1) — 3 cases

Bowling v. Kentucky Department of Corrections (2010) ky “Pursuant to KRS 13A.100, the Kentucky General Assembly has required that such portions of the protocol be adopted as an administrative regulation.”

GTE v. Revenue Cabinet, Commonwealth of Kentucky (1994) ky “Legislation enacted in KRS 13A.100(1) in 1990 requires that the regulatory process must be used to announce a general interpretation of the law by an administrative agency.”

Commonwealth v. Stambaugh (2010) ky “120(1) are fully reconcilable, it is worth noting that were they thought to conflict, the more recently enacted statute, KRS 13A.100(1), which the General Assembly adopted in 1990 (1990 Ky.”

— Ky. Rev. Stat. § 13A.100(2) — 1 case

United Sign, Ltd. v. Commonwealth (2000) kyctapp “Thus, KRS 13A.100 may not be relied upon as authority for the regulations.”

— Ky. Rev. Stat. § 13A.100(l) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.