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KRS 13A.130

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

Applied in 17 court decisions — leading case Kentucky Waterways Alliance v. Johnson (2008)

Most recently applied in Commonwealth, Cabinet for Health & Family Services v. Saint Joseph Health System, Inc. (May 2017)

Effective: July 15, 2016 History: Amended 2016 Ky

How often courts cite this section

199120002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.