Legislative oversight of executive agency rulemaking in Kentucky (2025)

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See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control

Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in Kentucky law.

This page contains the following sections:

Legislative oversight of agency rulemaking in Kentucky
This section details the legislative oversight mechanism in Kentucky.
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How does Kentucky compare to other states?
This section compares the legislative oversight policies in Kentucky to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
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Legislative oversight of agency rulemaking in Kentucky

The Kentucky Administrative Regulation Review Subcommittee (ARRS) must review all agency rules and submit a report of recommendations for the rules to the Legislative Research Commission. The commission will then send the report to the relevant general assembly standing committees. Recommendations from the standing committees or ARRS are nonbinding, but if they vote to find the regulation deficient, the governor must review the rule and determine whether it's deficient. Additionally, agencies cannot promulgate rules unless they can certify that it was statutorily required, it does not have associated costs exceeding $500,000 or more over two years, it meets an imminent threat to public health, safety, or welfare, is necessary to prevent loss of federal or state funds, relates to the licensure and regulation of health facilities and services, or is necessary to comply with a final order from a court of competent jurisdiction. For specified agencies, the governor must certify that regulations meet one or more of those criteria.^[1]

Ky. Rev. Stat. § 13A.290

13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee.

(1) (a) Except as provided by KRS 158.6471 and 158.6472, the Administrative Regulation Review Subcommittee shall meet monthly to review administrative regulations prior to close of business on the fifteenth day of the calendar month.

(b) The agenda shall:

1. Include each administrative regulation that completed the public comment process;

2. Include each administrative regulation for which a statement of consideration was received on or before 12 noon, eastern time, on the fifteenth day of the prior calendar month;

3. Include each effective administrative regulation or administrative regulation filed with the Commission that the subcommittee has decided to review pursuant to KRS 13A.030(3);

4. Include each administrative regulation required to be on the agenda pursuant to KRS 13A.030(4);

5. Include each administrative regulation that was deferred from the prior month's meeting of the subcommittee; and

6. Not include an administrative regulation that is deferred, withdrawn, expired, or automatically taken off the agenda under the provisions of this chapter, unless it is being reviewed pursuant to KRS 13A.030(3) or(4).

(c) Review of an administrative regulation shall include the entire administrative regulation and all attachments filed with the administrative regulation. The review of amendments to existing administrative regulations shall not be limited to only the changes proposed by the promulgating administrative body.

...

(5) Following the meeting and before the next regularly scheduled meeting of the Commission, the Administrative Regulation Review Subcommittee shall forward to the Commission its findings, recommendations, or other comments it deems appropriate in writing. The Administrative Regulation Review Subcommittee's findings shall be published in the Administrative Register.

(6) (a) After review by the Administrative Regulation Review Subcommittee, the Commission shall, on the first Wednesday of the following month, or if the first Wednesday is a legal holiday, the next workday of the month:

1. Assign a filed administrative regulation to a legislative committee with subject matter jurisdiction if the administrative regulation was on the agenda for full review pursuant to subsection (1)(b)1., 2., or 5. of this section; and

2. Not assign a filed administrative regulation to a legislative committee with subject matter jurisdiction if the administrative regulation was solely on the agenda for informational review pursuant to KRS 13A.030(3) or (4).

(b) Upon notification of the assignment by the Commission, the legislative committee to which the administrative regulation is assigned shall notify the regulations compiler:

1. Of the date, time, and place of the meeting at which it will consider the administrative regulation; or

2. That it will not meet to consider the administrative regulation.

(7) (a) Within ninety (90) days of the assignment, the legislative committee may hold a public meeting during which the administrative regulation shall be reviewed.

(b) If the ninetieth day of the assignment falls on a Saturday, Sunday, or holiday, the deadline for review shall be the workday following the Saturday, Sunday, or holiday.

(c)

1. If the administrative regulation is assigned to an interim joint committee and a session of the General Assembly begins during the review period, the assignment shall transfer to the Senate and House standing committees with subject matter jurisdiction.

2. If the administrative regulation is assigned to Senate and House standing committees and a session of the General Assembly adjourns sine die during the review period, the assignment shall transfer to the interim joint committee with subject matter jurisdiction.

3. An administrative regulation may be transferred more than one (1) time under this paragraph. A transfer shall not extend the review period established by this subsection.

(d) Notice of the time, date, and place of the meeting shall be placed in the legislative calendar.

(8) Except as provided in subsection (9) of this section, a legislative committee shall be empowered to make the same determinations and to exercise the same authority as the Administrative Regulation Review Subcommittee, including all powers and restrictions relating to informational reviews conducted under KRS 13A.030(3) or (4).

...

(9) (a) This subsection shall apply to ordinary and emergency administrative regulations filed with the Commission and reviewed pursuant to subsection (7) of this section.

(b) A majority of the entire membership of the legislative committee shall constitute a quorum for purposes of reviewing administrative regulations.

(c) In order to amend an administrative regulation pursuant to KRS 13A.320, defer an administrative regulation pursuant to KRS 13A.300, or find an administrative regulation deficient pursuant to KRS 13A.030(2), (3), or (4) or 13A.190(3), the motion to amend, defer, or find deficient shall be approved by a majority of the entire membership of the legislative committee. Additionally, during a session of the General Assembly, standing committees of the Senate and House of Representatives shall agree in order to amend an administrative regulation, defer an administrative regulation, or find an administrative regulation deficient by:

1. Meeting separately; or

2. Meeting jointly. If the standing committees meet jointly, it shall require a majority vote of Senate members voting and a majority of House members voting, as well as the majority vote of the entire membership of the standing committees meeting jointly, in order to take action on the administrative regulation.

(10) (a) The quorum requirements of subsection (9)(b) of this section shall apply to an effective or filed administrative regulation that is under informational review by a legislative committee pursuant to subsection (8) of this section and KRS 13A.030(3) or (4).

(b) A motion to defer the informational review of an administrative regulation or find the administrative regulation deficient shall be approved by:

1. A majority of the entire membership of the Administrative Regulation Review Subcommittee; or

2. A legislative committee in accordance with subsection (9)(c) of this section.^[2]

Ky. Rev. Stat. § 13A.315(2)(a)

Expiration and withdrawal of administrative regulation prior to review by legislative committee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's notification. (2) (a) An administrative regulation that has been found deficient by a legislative committee shall be withdrawn immediately if, pursuant to KRS 13A.330, the Governor has determined that it shall be withdrawn.^[3]

KY House Bill 6 (2025)

SECTION 8. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO READ AS FOLLOWS:

(1) Except as provided in subsection (2) of this section, after March 31, 2025, an administrative body shall not file or promulgate, or have power or authority to promulgate, any new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing regulation, or administrative regulation repealing an existing regulation.

(2) Notwithstanding subsection (1) of this section, an administrative body shall have authority to promulgate a new administrative regulation, ordinary administrative regulation, emergency administrative regulation, administrative regulation in contemplation of a statute, or administrative regulation amending an existing administrative regulation if the administrative body is given statutory authority to promulgate administrative regulations in a particular subject matter and certifies in the administrative regulation that the administrative regulation:

(a) Will not have a major economic impact;

(b) Is an emergency administrative regulation that must be put into effect immediately to meet an imminent threat to public health, safety, or welfare;

(c) Is necessary to prevent the loss of federal or state funds;

(d) Is necessary to meet a deadline that is established by federal law, federal regulation, or state law;

(e) Is necessary to comply with a final order from a court of competent jurisdiction; or

(f) Relates to the licensure and regulation of health facilities and services pursuant to KRS Chapter 216B.

(3) An administrative regulation filed or promulgated by any of the following administrative bodies, or by an office, division, or other unit within any of the following administrative bodies, shall include the Governor's certification that it meets one (1) or more of the six (6) criteria set forth in subsection (2) of this section in addition to the administrative body's certification that it meets one (1) or more of the six (6) criteria set forth in subsection (2) of this section:

(a) The Governor, Lieutenant Governor, and Office of the Governor;

(b) Justice and Public Safety Cabinet;

(c) Energy and Environment Cabinet;

(d) Public Protection Cabinet;

(e) Transportation Cabinet;

(f) Cabinet for Economic Development;

(g) Cabinet for Health and Family Services;

(h) Finance and Administration Cabinet;

(i) Tourism, Arts and Heritage Cabinet;

(j) Personnel Cabinet;

(k) Education and Labor Cabinet;

(l) Department of Education;

(m) Council on Postsecondary Education;

(n) Department of Military Affairs;

(o) Department for Local Government;

(p) Kentucky Commission on Human Rights;

(q) Kentucky Commission on Women;

(r) Department of Veterans' Affairs;

(s) Kentucky Commission on Military Affairs;

(t) Office of Minority Empowerment;

(u) Governor's Council on Wellness and Physical Activity;

(v) Kentucky Communications Network Authority;

(w) Executive Branch Ethics Commission;

(x) Teachers' Retirement System; and

(y) Kentucky Public Pensions Authority.

(4) Any administrative regulation that any person causes to be filed or promulgated, or attempts to file or promulgate, in violation of this section shall be null, void, and unenforceable.^[4]

How does Kentucky compare to other states?

Is legislative oversight optional, required, or both?

Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.

Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
The law does not include provisions regarding legislative review of agency actions in six states.

Who reviews the regulations?

Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.

Thirty-one (31) states authorize or require full legislative review of agency regulations.
Forty-one (41) states authorize or require legislative committees to review agency regulations.
Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.

What is reviewed?

In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.

Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
Six states do not require, but explicitly authorize, legislative review of rules.
Six states do not have laws regarding legislative review of agency rules.

Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.

Footnotes

↑ Kentucky passed this state-level REINS law in 2025, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Kentucky REINS-style state law page.
↑ [https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56297 Kentucky Legislature, "13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee." Accessed January 16, 2026]
↑ Kentucky Legislature, "13A.315 Expiration and withdrawal of administrative regulation prior to review by legislative committee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's notification." Accessed January 16, 2026
↑ Kentucky Legislature, "CHAPTER 101 ( HB 6 )," accessed January 16, 2026

[1] Kentucky passed this state-level REINS law in 2025, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Kentucky REINS-style state law page.

[2] [https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56297 Kentucky Legislature, "13A.290 Review by Administrative Regulation Review Subcommittee -- Review by legislative committee." Accessed January 16, 2026]

[3] Kentucky Legislature, "13A.315 Expiration and withdrawal of administrative regulation prior to review by legislative committee -- Effect of noncompliance with chapter -- Withdrawal of deficient administrative regulation upon Governor's notification." Accessed January 16, 2026

[4] Kentucky Legislature, "CHAPTER 101 ( HB 6 )," accessed January 16, 2026

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Legislative oversight of executive agency rulemaking in Kentucky (2025)

Contents

Legislative oversight of agency rulemaking in Kentucky

How does Kentucky compare to other states?

Is legislative oversight optional, required, or both?

Who reviews the regulations?

What is reviewed?

See also

Footnotes

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