FRANKFORT — The General Assembly's method of overturning administrative regulations is unconstitutional, a judge ruled Friday.

        The ruling is another victory in the decades-old disagreement between the legislative and executive branches over regulations, which are the specific rules that flesh out the laws passed by the legislature.

        The ruling by Franklin County Circuit Judge William Graham does not totally dismantle the existing system in which a special subcommittee reviews regulations and standing committees take a look at them in between legislative sessions. But it does take away any authority for the committees to veto regulations.

        Legislative Research Commission Director Robert Sherman said the review procedure, in which administration officials are called to task to defend their regulations, remains intact.

        Gov. Paul Patton asked the court to rule on the process's constitutionality.

        Once an executive agency decides to make a rule, it must hold public hearings and then present the matter to the legislature's Administrative Regulation Review Subcommittee. If the subcommittee, or any interim committee, determines that the regulation somehow does not meet with legislative intent, the regulation expires at the end of the next General Assembly session.

        Judge Graham said no committee can act on behalf of the entire legislature, which is what effectively happens in the case of regulations review.

        If the legislature doesn't like a regulation, it can go to court or “enact legislation to countermand the executive action,” he said.

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