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2019 Op. Ky. Att'y Gen. 1 (2019)

handle is hein.sag/sagky0053 and id is 1 raw text is: 






                                     COMMONWEALTH OF KENTUCKY
                             OFFICE  OF THE ATTORNEY GENERAL
ANDY  BESHEAR                                                           CAPITOL BUILDING, SUITE 118
ATTORNEY GENERAL                                                            700 CAPITOL AVENUE
                                                                           FRANKFORT, KY 40601
                                                                             (502) 696-5300
                                                                           FAX: (502) 564-2894
                                         OAG   19-001

                                       February 7,2019

       Subject:          Whether  the Finance and  Administration Cabinet violated KRS
                         Chapter 13A in promulgating emergency  administrative regulation
                         200 KAR  3:020E, which restricts access to all state-owned facilities
                         and grounds, including the Kentucky State Capitol Building Annex
                         Capitol.

       Requested by:     Representative Patti Minter, Kentucky House District 20

       Written by:       Laura Tipton and Sam Flynn, Assistant Attorneys General

       Syllabus:         The  Finance and Administration Cabinet promulgated  200 KAR
                         3:020E in violation of KRS 13A.100 and 13A.190.

       Statutes construed: KRS 13A.100; KRS  13A.190; KRS  13A.270; KRS   13A.280; KRS
                         13A.290

       OAGs  cited:      OAG  18-09


                                Opinion of the Attorney General

             State Representative Patti Minter has requested an opinion of this office as to
       whether  200 KAR   3:020E, the  emergency  regulation filed by the  Finance and
       Administration Cabinet, which restricts access to all state-owned facilities and grounds,
       is valid. For the reasons set forth below, we find that the emergency regulation is not
       valid because the Finance and Administration Cabinet violated KRS 13A.100(1)-(2) and
       KRS 13A.190 in promulgating it. Further, we note that the language of 200 KAR 3:020E
       may lead to violations of the Kentucky Open Meetings Act and is also vulnerable to as-
       applied constitutional challenges.


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