Ky. Rev. Stat. » Chapter 13A
Kentucky Revised Statutes

Ky. Rev. Stat. § 13A.120 (2026)

Promulgation of administrative regulations -- Prohibitions concerning

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

promulgations.

(1) (a) An administrative body may promulgate administrative regulations to implement a statute only when the act of the General Assembly creating or amending the statute specifically authorizes the promulgation of administrative regulations or administrative regulations are required by federal law, in which case administrative regulations shall be no more stringent than the federal law or regulations.

(b) An administrative body that promulgates an administrative regulation required by federal law or federal regulation shall comply with the provisions of this chapter.

(2) An administrative body shall not promulgate administrative regulations:

(a) When a statute prohibits the administrative body from promulgating administrative regulations;

(b) When the administrative body is not authorized by statute to promulgate administrative regulations;

(c) When a statute prohibits the administrative body from regulation of that particular matter;

(d) When the administrative body is not authorized by statute to regulate that particular matter;

(e) When a statute prescribes the same or similar procedure for the matter regulated;

(f) When a statute sets forth a comprehensive scheme of regulation of the particular matter;

(g) On any matter that is not clearly within the jurisdiction of the administrative body;

(h) On any matter that is beyond the statutory authorization of the administrative body to promulgate administrative regulations or that is not clearly authorized by statute; and

(i) That modify or vitiate a statute or its intent.

(3) If a statute requires an administrative body or official to submit an administrative regulation to an official or administrative body for review or approval prior to filing the administrative regulation with the commission, the administrative body or official shall not file the administrative regulation without first having obtained the review or approval.

(4) Any administrative regulation in violation of this section or the spirit thereof is null, void, and unenforceable.

(5) No administrative body, other than the Court of Justice, shall issue rules.

(6) No administrative body shall issue standards or by any other name issue a document of any type where an administrative regulation is required or authorized by law. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 82, sec. 8, effective July 15, 2016. -- Amended 1996 Ky. Acts ch. 180, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 410, sec. 9, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 516, sec. 18, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 499, sec. 8, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 417, sec. 12, effective April 13, 1984.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1990–2025 · leading case: Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010).
Sort: Relevance Newest Treatment
Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010). · cites it 18× “220, and KRS 13A.120 does not exempt the Department from rulemaking in this case.”
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). · cites it 2× “[6] KRS 13A.120(1)(a) ("An administrative body may promulgate administrative regulations to implement a statute only when the act of the General Assembly creating or amending the statute specifically authorizes the promulgation of administrative regulations or administrative…”
Franklin v. Nat. Resources & Env't Prot. Cabinet, 799 S.W.2d 1 (Ky. 1990). · cites it 7× “The second argument running through these cases also finds roots in KRS 13A.120(1), which provides that when regulations are required by federal law, they shall be no more stringent than the federal law or regulations.”
Faust v. Commonwealth, 142 S.W.3d 89 (Ky. 2004). · cites it 2× “" KRS 13A.120(4). The lay-off rules described in KRS 18A.”
F. v. Brown, 306 S.W.3d 80 (Ky. 2010). · cites it 2× “” KRS 13A.120(2)(d). The 2002 version of KRS 17.”
Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010). · cites it 4× “516), would control over KRS 13A.120, which was adopted in 1986...”
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). · cites it 3× “(citing KRS 13A.120(1) (when regulations are required by federal law, they shall be no more stringent than federal law or regulations 2 )); and (3) 405 KAR 7:090 § 4 violated the Equal Protection Clauses of both the United States and Kentucky Constitutions because it denied a…”
Laurel Mountain Resources, LLC ex rel. Miller Bros. Coal, LLC v. Commonwealth, Energy & Env't Cabinet, 360 S.W.3d 791 (Ky. Ct. App. 2012). · cites it 5× “Moreover, this perspective only supports the argument that such matters are best left to the permit process since KRS 13A.120(2)(e) expressly prohibits an administrative body from promulgating a regulation “[w]hen a statute prescribes the same or similar procedure for the matter…”
Parrish v. Kentucky Bd. of Med. Licensure, 145 S.W.3d 401 (Ky. Ct. App. 2004). “Parrish asserts that the Board adopted the American College of Radiology (ACR) Standard for Performance of an Adult Barium Enema, 27 which Smith offered into exhibit at the disciplinary hearing, thus improperly promulgating administrative standards in violation of KRS 13A.120(6)…”
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000). · cites it 3× “095 in violation of KRS 13A.120. KRS 216B.040 requires the Cabinet to promulgate regulations establishing the requirements for obtaining a certificate of need.”
Seymour v. Colebank, 179 S.W.3d 886 (Ky. Ct. App. 2005). “6(VI)(B)(2) — which reads: “A sex offender who does not admit guilt or responsibility for his sexually assaultive offense shall not be accepted in the Sex Offender Treatment Program, after the initial assessment phase” — is null, void, and unenforceable as it violates KRS…”
Star Run, Inc. v. Commonwealth Env't & Pub. Prot. Cabinet, 350 S.W.3d 1 (Ky. Ct. App. 2010). “According to Star Run’s theory, pursuant to KRS 13A.120 and KRS 13A.130, 405 KAR 18:060 imper-missibly modifies and expands KRS 350.”
Show all 23 citing cases →
— Ky. Rev. Stat. § 13A.120(1) — 5 cases
Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010). “220, and KRS 13A.120 does not exempt the Department from rulemaking in this case.”
Franklin v. Nat. Resources & Env't Prot. Cabinet, 799 S.W.2d 1 (Ky. 1990). “The second argument running through these cases also finds roots in KRS 13A.120(1), which provides that when regulations are required by federal law, they shall be no more stringent than the federal law or regulations.”
Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010). “516), would control over KRS 13A.120, which was adopted in 1986...”
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). “(citing KRS 13A.120(1) (when regulations are required by federal law, they shall be no more stringent than federal law or regulations 2 )); and (3) 405 KAR 7:090 § 4 violated the Equal Protection Clauses of both the United States and Kentucky Constitutions because it denied a…”
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005).
— Ky. Rev. Stat. § 13A.120(1)(a) — 3 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “[6] KRS 13A.120(1)(a) ("An administrative body may promulgate administrative regulations to implement a statute only when the act of the General Assembly creating or amending the statute specifically authorizes the promulgation of administrative regulations or administrative…”
M.L. Johnson Fam. Props., LLC v. Zinke, 298 F. Supp. 3d 1014 (E.D. Ky. 2018).
Paul Kearney, M.D. v. Univ. of Kentucky (Ky. 2022).
— Ky. Rev. Stat. § 13A.120(1)(i) — 2 cases
Franklin v. Nat. Resources & Env't Prot. Cabinet, 799 S.W.2d 1 (Ky. 1990). “The second argument running through these cases also finds roots in KRS 13A.120(1), which provides that when regulations are required by federal law, they shall be no more stringent than the federal law or regulations.”
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005).
— Ky. Rev. Stat. § 13A.120(2) — 4 cases
Franklin v. Nat. Resources & Env't Prot. Cabinet, 799 S.W.2d 1 (Ky. 1990). “The second argument running through these cases also finds roots in KRS 13A.120(1), which provides that when regulations are required by federal law, they shall be no more stringent than the federal law or regulations.”
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000). “095 in violation of KRS 13A.120. KRS 216B.040 requires the Cabinet to promulgate regulations establishing the requirements for obtaining a certificate of need.”
West v. Kentucky Horse Racing Comm'n (E.D. Ky. 2019).
Cornette v. Commonwealth, 899 S.W.2d 502 (Ky. Ct. App. 1995).
— Ky. Rev. Stat. § 13A.120(2)(d) — 2 cases
F. v. Brown, 306 S.W.3d 80 (Ky. 2010). “” KRS 13A.120(2)(d). The 2002 version of KRS 17.”
Prof'l Learning Inst., LLC v. Commonwealth of Kentucky, Kentucky Real Est. Auth. (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 13A.120(2)(e) — 1 case
Laurel Mountain Resources, LLC ex rel. Miller Bros. Coal, LLC v. Commonwealth, Energy & Env't Cabinet, 360 S.W.3d 791 (Ky. Ct. App. 2012). “Moreover, this perspective only supports the argument that such matters are best left to the permit process since KRS 13A.120(2)(e) expressly prohibits an administrative body from promulgating a regulation “[w]hen a statute prescribes the same or similar procedure for the matter…”
— Ky. Rev. Stat. § 13A.120(2)(f) — 1 case
Seymour v. Colebank, 179 S.W.3d 886 (Ky. Ct. App. 2005). “6(VI)(B)(2) — which reads: “A sex offender who does not admit guilt or responsibility for his sexually assaultive offense shall not be accepted in the Sex Offender Treatment Program, after the initial assessment phase” — is null, void, and unenforceable as it violates KRS…”
— Ky. Rev. Stat. § 13A.120(2)(h) — 1 case
Laurel Mountain Resources, LLC ex rel. Miller Bros. Coal, LLC v. Commonwealth, Energy & Env't Cabinet, 360 S.W.3d 791 (Ky. Ct. App. 2012). “Moreover, this perspective only supports the argument that such matters are best left to the permit process since KRS 13A.120(2)(e) expressly prohibits an administrative body from promulgating a regulation “[w]hen a statute prescribes the same or similar procedure for the matter…”
— Ky. Rev. Stat. § 13A.120(2)(i) — 3 cases
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). “(citing KRS 13A.120(1) (when regulations are required by federal law, they shall be no more stringent than federal law or regulations 2 )); and (3) 405 KAR 7:090 § 4 violated the Equal Protection Clauses of both the United States and Kentucky Constitutions because it denied a…”
Ronnie Bowling v. Randy White, 694 F. App'x 1008 (6th Cir. 2017).
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005).
— Ky. Rev. Stat. § 13A.120(4) — 3 cases
Faust v. Commonwealth, 142 S.W.3d 89 (Ky. 2004). “" KRS 13A.120(4). The lay-off rules described in KRS 18A.”
Laurel Mountain Resources, LLC ex rel. Miller Bros. Coal, LLC v. Commonwealth, Energy & Env't Cabinet, 360 S.W.3d 791 (Ky. Ct. App. 2012). “Moreover, this perspective only supports the argument that such matters are best left to the permit process since KRS 13A.120(2)(e) expressly prohibits an administrative body from promulgating a regulation “[w]hen a statute prescribes the same or similar procedure for the matter…”
Prof'l Learning Inst., LLC v. Commonwealth of Kentucky, Kentucky Real Est. Auth. (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 13A.120(6) — 1 case
Parrish v. Kentucky Bd. of Med. Licensure, 145 S.W.3d 401 (Ky. Ct. App. 2004). “Parrish asserts that the Board adopted the American College of Radiology (ACR) Standard for Performance of an Adult Barium Enema, 27 which Smith offered into exhibit at the disciplinary hearing, thus improperly promulgating administrative standards in violation of KRS 13A.120(6)…”
— Ky. Rev. Stat. § 13A.120(l)(a) — 3 cases
Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). “[6] KRS 13A.120(1)(a) ("An administrative body may promulgate administrative regulations to implement a statute only when the act of the General Assembly creating or amending the statute specifically authorizes the promulgation of administrative regulations or administrative…”
F. v. Brown, 306 S.W.3d 80 (Ky. 2010). “” KRS 13A.120(2)(d). The 2002 version of KRS 17.”
Laurel Mountain Resources, LLC ex rel. Miller Bros. Coal, LLC v. Commonwealth, Energy & Env't Cabinet, 360 S.W.3d 791 (Ky. Ct. App. 2012). “Moreover, this perspective only supports the argument that such matters are best left to the permit process since KRS 13A.120(2)(e) expressly prohibits an administrative body from promulgating a regulation “[w]hen a statute prescribes the same or similar procedure for the matter…”
— Ky. Rev. Stat. § 13A.120(l)(i) — 2 cases
Franklin v. Nat. Resources & Env't Prot. Cabinet, 799 S.W.2d 1 (Ky. 1990). “The second argument running through these cases also finds roots in KRS 13A.120(1), which provides that when regulations are required by federal law, they shall be no more stringent than the federal law or regulations.”
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). “(citing KRS 13A.120(1) (when regulations are required by federal law, they shall be no more stringent than federal law or regulations 2 )); and (3) 405 KAR 7:090 § 4 violated the Equal Protection Clauses of both the United States and Kentucky Constitutions because it denied a…”
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.