FRANKFORT — The decades-old dispute over administrative regulations — the rules the executive branch uses to enforce the laws passed by the legislature — has not waned over time.

        The latest round is back in court. The Supreme Court thought it had settled the issue in 1984 with a landmark ruling that helped define the separation of powers between the General Assembly and the executive branch led by the governor.

        In between, the legislature failed to win the backing of the voters for a constitutional amendment to give lawmakers more power over administrative regulations. And Gov. Paul Patton has complained the legislature has been slowly trying to assert authority that the constitution reserves for the executive.

        “The executive branch seeks only to restore the delicate balance of power that was created by the framers of the Kentucky Constitution, and which the General Assembly has upended with statutes that arrogate to interim legislative committees powers that are vested in the full General Assembly, the governor or the judicial branch,” said a brief filed in the case on behalf of Mr. Patton this week.

        The legislature's lawyer countered that the administration is trying to “dismantle the 17-year-old system for public scrutiny of, and input into, the promulgation of administrative regulations.”

        Administrative regulations generally are the more specific rules and guidelines executive agencies impose to carry out laws passed by the legislature.

        The lawsuit began over continuing efforts by the Natural Resources Cabinet to regulate factory farms where pigs and chickens are fattened before slaughter. The cabinet imposed regulations, such as how far the boundaries of the farms must be from things such as schools and populated areas, under a general umbrella of authority to regulate environmental matters.

Lawmakers weigh in
        On at least three occasions, the legislature's Administrative Regulations Review Subcommittee rejected the rules on the grounds they were more than the legislation intended. The legislature failed to enact rules of its own and so the rejection meant the expiration of the rules at the end of the next legislative session. Shortly after the sessions, the cabinet imposed new rules and the cycle began again.

        The regulations subcommittee is composed of seven members — four representatives and three senators. Mr. Patton's suit argues that only the full General Assembly can overturn executive branch regulations. Further, Mr. Patton argues that the 1984 Supreme Court decision makes clear that the legislature has little if any authority when it is not in session. The regulations panel meets monthly.

        Both sides have found allies. Business groups have sided with the legislature. Environmental groups have sided with the administration. Both have asked Franklin County Circuit Judge William to rule in their favor without further filings or hearings.

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