Kentucky Revised Statutes

Ky. Rev. Stat. § 13A.130 (2026)

Matters prohibited as subject of internal policy, memorandum, or other

✓ current as of May 2026

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form of action.

(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.

Notes of Decisions

Cited in 26 cases (9 in the last 5 years), 1991–2026 · leading case: Bowling v. Nat. Resources & Env't Prot. Cabinet, 891 S.W.2d 406 (Ky. Ct. App. 1995).

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Bowling v. Nat. Resources & Env't Prot. Cabinet, 891 S.W.2d 406 (Ky. Ct. App. 1995). · cites it 3× “*411 Contrary to the argument by the Cabinet, the Board did not modify 101 KAR 1:400(1) by internal policy, memorandum, or other form of action, which is prohibited by KRS 13A.130. Id. Section (3) of KRS 13A.130 clearly demonstrates that the Cabinet’s argument is meritless.”

Hagan v. Farris, 807 S.W.2d 488 (Ky. 1991). · cites it 2× “KRS 13A.130 prohibits an administrative body from modifying an administrative regulation by internal policy or another form of action.”

Simmons v. Commonwealth, 232 S.W.3d 531 (Ky. Ct. App. 2007). · cites it 2× “Simmons’s second contention is that by issuing the serve-out order, the Parole Board, as an administrative body of the executive branch of government, erroneously exercised power belonging to the legislative and judicial branches of government and thereby exceeded its authority…”

St. Luke Hospitals, Inc. v. Commonwealth, 186 S.W.3d 746 (Ky. Ct. App. 2005). · cites it 3× “Luke’s first contention is that the hearing officer’s decision violates KRS 13A.130, which states in pertinent part: (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…”

Parrish v. Kentucky Bd. of Med. Licensure, 145 S.W.3d 401 (Ky. Ct. App. 2004). “120(6) and KRS 13A.130. However, the Board did not adopt these standards; it merely took notice of them when they were proffered by Smith.”

Kentucky Waterways All. v. Johnson, 426 F. Supp. 2d 612 (W.D. Ky. 2006). · cites it 2× “Waterways argues that the approval by the EPA was arbitrary and capricious, and that the EPA cannot use the letter provided by the Cabinet as a reference in their determination arguing that Kentucky does not recognize promises made by administrative agencies under KRS § 13A.130.…”

Fisher v. Commonwealth, Pub. Prot. Cabinet, Dep't of Hous., Bldgs. & Constr., Div. of Plumbing, 403 S.W.3d 69 (Ky. Ct. App. 2013). · cites it 2× “KRS 13A.130(2). DHBC has wide regulatory authority to determine methodologies for screening and monitoring the criminal backgrounds of its applicants and licensees; it also has wide regulatory authority to define a procedure for demonstrating that it has determined that an…”

Cent. Kentucky Cellular Tel. Co. v. Commonwealth, 897 S.W.2d 601 (Ky. Ct. App. 1995). “100 and KRS 13A.130(1). As the trial court stated, The Revenue Cabinet has not expanded or limited a statute or administrative regulation but has applied the statute in a reasonable manner to a taxpayer as defined by the statute.”

Commonwealth, Dep't of Revenue, Fin. & Admin. Cabinet v. McDonald, 304 S.W.3d 62 (Ky. Ct. App. 2009). · cites it 2× “” KRS 13A.130(1). Any such action is “null, void, and unenforceable.”

Vanhoose v. Commonwealth, Nat. Resources & Env't Prot. Cabinet, 995 S.W.2d 389 (Ky. Ct. App. 1999). “See KRS 13A.130. The hearing officer identified the issue as whether the test set out in 405 KAR 7:030 § 1(2) was the proper test for determining the “relatedness” of two (2) mining sites or, alternatively, whether the proper test was simply that of contiguous sites.”

Commonwealth Educ. & Humanities Cabinet Dep't of Educ. v. Gobert, 979 S.W.2d 922 (Ky. Ct. App. 1998). “KRS 13A.130(1) and (2). As the personnel memo attempts to modify the reclassification procedure by allowing a mere title change as opposed to abolishment of an old position and establishment of a new one with a new classification, it is void.”

D.K. v. Commonwealth Ex Rel. Cabinet for Health & Fam. Servs., 221 S.W.3d 382 (Ky. Ct. App. 2007). · cites it 4× “110(1)(b) is contrary to KRS 13A.130, providing that (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; and (c) Except…”

Show all 26 citing cases →

— Ky. Rev. Stat. § 13A.130(1) — 7 cases

St. Luke Hospitals, Inc. v. Commonwealth, 186 S.W.3d 746 (Ky. Ct. App. 2005). “Luke’s first contention is that the hearing officer’s decision violates KRS 13A.130, which states in pertinent part: (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…”

Commonwealth, Dep't of Revenue, Fin. & Admin. Cabinet v. McDonald, 304 S.W.3d 62 (Ky. Ct. App. 2009). “” KRS 13A.130(1). Any such action is “null, void, and unenforceable.”

Com., Dept. Rev., Fin. Admin. v. Mcdonald, 304 S.W.3d 62 (Ky. Ct. App. 2009).

— Ky. Rev. Stat. § 13A.130(1)(b) — 1 case

Cookie Crews, in Her Off. Capacity as Comm'r of the Kentucky Dep't of Corr. v. Campbell Cnty., Kentucky (Ky. Ct. App. 2025).

— Ky. Rev. Stat. § 13A.130(2) — 3 cases

Fisher v. Commonwealth, Pub. Prot. Cabinet, Dep't of Hous., Bldgs. & Constr., Div. of Plumbing, 403 S.W.3d 69 (Ky. Ct. App. 2013). “KRS 13A.130(2). DHBC has wide regulatory authority to determine methodologies for screening and monitoring the criminal backgrounds of its applicants and licensees; it also has wide regulatory authority to define a procedure for demonstrating that it has determined that an…”

Commonwealth, Dep't of Revenue, Fin. & Admin. Cabinet v. McDonald, 304 S.W.3d 62 (Ky. Ct. App. 2009). “” KRS 13A.130(1). Any such action is “null, void, and unenforceable.”

Com., Dept. Rev., Fin. Admin. v. Mcdonald, 304 S.W.3d 62 (Ky. Ct. App. 2009).

— Ky. Rev. Stat. § 13A.130(3) — 1 case

Bowling v. Nat. Resources & Env't Prot. Cabinet, 891 S.W.2d 406 (Ky. Ct. App. 1995). “*411 Contrary to the argument by the Cabinet, the Board did not modify 101 KAR 1:400(1) by internal policy, memorandum, or other form of action, which is prohibited by KRS 13A.130. Id. Section (3) of KRS 13A.130 clearly demonstrates that the Cabinet’s argument is meritless.”

— Ky. Rev. Stat. § 13A.130(l)(b) — 2 cases

Dep't of Revenue, Fin. & Admin. Cabinet v. Chegg, Inc., 497 S.W.3d 771 (Ky. Ct. App. 2016).

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