FrankGoortani/open-us-law huggingface dataset:
KRS § 205.231 — KY Code / Title XVII / Chapter 205 / Section 205.231
205.231 Appeals -- Hearing officers -- Appeal board -- Procedure
Status: in_force

205.231 Appeals -- Hearing officers -- Appeal board -- Procedure.

(1) The Office of Administrative Hearings within the Department of Law shall appoint

one (1) or more impartial hearing officers to hear and decide upon appealed

decisions.

(2) Any applicant or recipient who is dissatisfied with the decision or delay in action on

his or her application for public assistance or the amount granted to him or her and

any applicant or recipient who was deemed ineligible or disqualified from public

assistance benefits under KRS 205.193 or 205.200 may appeal to the cabinet,

except that an appeal and a hearing need not be granted if the sole issue is a federal

or state law requiring an automatic change adversely affecting some or all recipients

of the Kentucky medical assistance program so long as advance notice of the

change, with an explanation of appeal rights, is provided to all affected recipients.

However, a recipient may appeal whether the cabinet is accurately interpreting a

change in federal or state law which may adversely affect the recipient. On receipt

of an appeal, an administrative hearing shall be conducted in accordance with KRS

Chapter 13B.

(3) The secretary may appoint an Appeal Board for Public Assistance composed of the

secretary and two (2) other members. The secretary shall be chairman, and he or she

and one (1) other member constitute a quorum.

(4) Any applicant or recipient who is dissatisfied with the decision of a hearing officer

may appeal to the appeal board in the manner and form prescribed by

administrative regulation. The board may on its own motion affirm, modify, or set

aside any decision of a hearing officer on the basis of the evidence previously

submitted in the case, or direct the taking of additional evidence, or may permit any

of the parties to the decision to initiate further appeals before it. The board may

remove itself or transfer to another hearing officer the proceedings on any appeal

pending before a hearing officer. The board shall promptly notify the parties to any

proceedings of its findings and decisions.

(5) The manner in which appeals are presented and hearings and appeals conducted

under subsection (4) of this section shall be in accordance with administrative

regulations promulgated by the secretary.

(6) After a decision by the appeal board, any party aggrieved by the decision may seek

judicial review of the decision by filing a petition in the Circuit Court of the county

in which the petitioner resides, in accordance with KRS 13B.140, 13B.150, and

13B.160.
KRS § 407.5211 — KY Code / Title XXXV / Chapter 407 / Section 407.5211
407.5211 Continuing exclusive jurisdiction to modify spousal support order
Status: in_force

407.5211 Continuing exclusive jurisdiction to modify spousal support order.

(1) A tribunal of this state issuing a spousal-support order consistent with the law of

this state has continuing, exclusive jurisdiction to modify the spousal-support order

throughout the existence of the support obligation.

(2) A tribunal of this state may not modify a spousal support order issued by a tribunal

of another state or a foreign country having continuing, exclusive jurisdiction over

that order under the law of that state or foreign country.

(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-

support order may serve as:

(a) An initiating tribunal to request a tribunal of another state to enforce the

spousal support order issued in this state; or

(b) A responding tribunal to enforce or modify its own spousal support order.
KRS § 211.342 — KY Code / Title XVIII / Chapter 211 / Section 211.342
211.342 Department to furnish annual listing of heart attack treatment centers to emergency medical services providers -- Pre-hospital care protocols for heart attack patients at emergency medical services authorities -- Training on assessment and treatment of heart attack patients
Status: in_force

211.342 Department to furnish annual listing of heart attack treatment centers to

emergency medical services providers -- Pre-hospital care protocols for heart

attack patients at emergency medical services authorities -- Training on

assessment and treatment of heart attack patients.

(1) By June 1 of each year, the department shall send the list of recognized Level I

Comprehensive Cardiac Centers, Level II Primary Heart Attack Centers, and Level

III Acute Heart Attack Ready hospitals to the medical director of each licensed

emergency medical services provider in this state. The department shall maintain a

copy of the list in the office designated within the department to oversee emergency

medical services and shall post on the department's Web site a list of Level I

Comprehensive Cardiac Centers, Level II Primary Heart Attack Centers, and Level

III Acute Heart Attack Ready hospitals.

(2) By June 1 of each year, in accordance with KRS 311A.180, all emergency medical

services authorities across the department shall establish pre-hospital care protocols

related to the assessment, treatment, transport, and routing of heart attack patients

by emergency medical services providers in this state. The protocols shall include

the development and implementation of plans for the triage and transport of acute

heart attack patients.

(3) All emergency medical services authorities across the state shall establish training

requirements to ensure that licensed emergency medical services providers and 911

dispatch personnel receive regular training on the assessment and treatment of heart

attack patients.
KRS § 418.090 — KY Code / Title XXXVII / Chapter 418 / Section 418.090
418.090 Repealer -- Effect of partial invalidity
Status: repealed

418.090 Repealer -- Effect of partial invalidity.

All statutes, or laws in conflict or inconsistent with the provisions of KRS 418.040 to

418.090, are hereby repealed. It is intended that KRS 418.040 to 418.090 shall be valid to

the fullest extent possible; and that the invalidity, if any, of any part or feature thereof,

shall not affect or render the remainder of KRS 418.040 to 418.090 invalid, or

inoperative.
KRS § 393A.720 — KY Code / Title XXXIV / Chapter 393A / Section 393A.720
393A.720 Action involving another state or foreign country
Status: in_force

393A.720 Action involving another state or foreign country.

(1) The administrator may join another state or foreign country to examine and seek

enforcement of this chapter against a putative holder.

(2) On request of another state or foreign country, the Attorney General may commence

an action on behalf of the other state or country to enforce, in this state, the law of

the other state or country against a putative holder subject to a claim by the other

state or country, if the other state or country agrees to pay costs incurred by the

Attorney General in the action.

(3) The administrator may request the official authorized to enforce the unclaimed

property law of another state or foreign country to commence an action to recover

property in the other state or country on behalf of the administrator. This state shall

pay the costs, including reasonable attorney's fees and expenses, incurred by the

other state or foreign country in an action under this subsection.

(4) The administrator may pursue an action on behalf of this state to recover property

subject to this chapter but delivered to the custody of another state if the

administrator believes the property is subject to the custody of the administrator.

(5) The administrator may retain an attorney in this state, another state, or a foreign

country to commence an action to recover property on behalf of the administrator

and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly

fee, or a percentage of the amount or value of property recovered in the action.

(6) Expenses incurred by this state in an action under this section may be paid from

property received under this chapter or the net proceeds of the property. Expenses

paid to recover property shall not be deducted from the amount that is subject to a

claim under this chapter by the owner.
KRS § 74.400 — KY Code / Title IX / Chapter 74 / Section 74.400
74.400 District may acquire, develop, maintain and operate gas system -- Procedure
Status: in_force

74.400 District may acquire, develop, maintain and operate gas system --

Procedure.

(1) Any county judge/executive, except in counties containing a city of the first class,

upon petition of seventy-five (75) resident freeholders of a water district organized

under the provisions of KRS 74.010, may authorize said water district to acquire,

develop, maintain, and operate a system for the distribution of gas to the citizens of

the county. The petition shall describe the territory intended to be included in the

area to be served and shall set out the reasons a gas distribution system is needed.

(2) When the petition is filed, the county judge/executive shall give notice of the filing

by publication as provided in KRS Chapter 424. Within thirty (30) days after the

publication, any resident of the district may file objections, and the county

judge/executive shall set the matter for hearing within ten (10) days. If the county

judge/executive finds the establishment of a gas distribution system by such district

reasonably necessary for the public health, convenience, and comfort of the

residents, he shall make an order authorizing the establishment or acquisition of the

gas distribution system.

(3) The county judge/executive may in his order strike off any part of the territory that

the testimony shows will not be benefited by the creation of the distribution system.

If the county judge/executive does not find that the gas distribution system is

necessary he shall dismiss the petition. Either party may appeal the order to the

Circuit Court.
KRS § 45.782 — KY Code / Title VI / Chapter 45 / Section 45.782
45.782 Statewide deferred maintenance fund
Status: in_force

45.782 Statewide deferred maintenance fund.

(1) There is created within the capital construction fund the "Statewide Deferred

Maintenance Fund". The fund shall be used as a supplemental source for funding

deferred maintenance and government mandate needs of state agencies.

Maintenance includes equipment used primarily for maintenance purposes and

expenditures related to deferred maintenance of infrastructure and capital assets.

The balance of any moneys remaining in the fund at the close of any fiscal year

shall not lapse but shall be carried forward to the next fiscal year.

(2) Priority for the funding from the statewide deferred maintenance fund shall be

determined by the secretary of the Finance and Administration Cabinet in

consultation with the state budget director and the commissioner of the Department

for Facilities Management. State agencies that do not have separate agency-specific

maintenance funds or that have inadequate maintenance funds shall be given

priority for access to moneys in the statewide deferred maintenance fund.

(3) Moneys from the statewide deferred maintenance fund shall not be expended for:

(a) New capital projects; or

(b) Additional funding for any capital project that received line item authorization

by the General Assembly in any branch budget bill.

(4) The secretary shall, by September 1 of each year, report to the Legislative Research

Commission all transfers from the fund, including the purpose and amount of each

transfer and the amount of funds carried forward for the fiscal year ending on June

30 of that year.
KRS § 367.350 — KY Code / Title XXIX / Chapter 367 / Section 367.350
367.350 Rebate of sale or lease price contingent on referral of additional customer prohibited
Status: in_force

367.350 Rebate of sale or lease price contingent on referral of additional customer

prohibited.

With respect to a credit sale, cash sale or lease to a consumer, the seller or lessor may not

give or offer to give a rebate or discount or otherwise pay or offer to pay value to the

buyer or lessee as an inducement for a sale or lease in consideration of his giving to the

seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the

seller or lessor in making a sale or lease to another person, if the earning of the rebate,

discount or other value is contingent upon the occurrence of an event subsequent to the

time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a

violation of this section to enter into a cash or credit consumer sale or consumer lease, the

agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option,

may rescind the agreement or retain the goods delivered and the benefit of any services

performed, without any obligation to pay for them.
KRS § 151.662 — KY Code / Title XII / Chapter 151 / Section 151.662
151.662 Statement of objectives --- Annual report -- Accounting and auditing
Status: in_force

151.662 Statement of objectives --- Annual report -- Accounting and auditing.

(1) The board shall annually formulate and issue a statement of objectives, priorities,

and programs that it has adopted or envisions to meet these objectives. This

statement of objectives shall be included in the annual report.

(2) The board shall report annually to the Governors of the Commonwealth of

Kentucky and State of Tennessee, and to the General Assemblies. This report shall

also be transmitted to the governing bodies of each county and incorporated

municipality of the authority. The report shall include a statement of financial

receipts and expenditures, assets and liabilities of the authority, a summary of all

activities and accomplishments for the period, and proposed plans for the next year.

(3) The Auditor of Public Accounts shall establish in cooperation with the Comptroller

of the Treasury of Tennessee, an acceptable accounting system and an auditing

requirement for the authority. Purchasing and contracting procedures adopted by the

authority shall not be effective until approved by the Auditor of Public Accounts.
KRS § 446.150 — KY Code / Title XLI / Chapter 446 / Section 446.150
446.150 Kentucky Revised Statutes substituted for former laws
Status: repealed

446.150 Kentucky Revised Statutes substituted for former laws.

The provisions of the Kentucky Revised Statutes of 1942 shall be considered as

substituted in a continuing way for the provisions of the prior statute laws repealed by the

act enacting the Kentucky Revised Statutes.
KRS § 210.990 — KY Code / Title XVIII / Chapter 210 / Section 210.990
210.990 Penalties
Status: in_force

210.990 Penalties.

(1) Any officer who violates KRS 210.110 shall be fined not less than five hundred

dollars ($500) nor more than five thousand dollars ($5,000) and his office or

appointment shall without further action be vacant.

(2) Any person who willfully violates KRS 210.130 or 210.220 shall be fined not less

than twenty-five dollars ($25) nor more than one hundred dollars ($100).
KRS § 344.635 — KY Code / Title XXVII / Chapter 344 / Section 344.635
344.635 Election of method for securing relief
Status: in_force

344.635 Election of method for securing relief.

When a discriminatory housing charge is filed under KRS 344.625, a complainant, a

respondent, or the aggrieved person on whose behalf the complaint is filed, may elect to

have the claims asserted in that charge decided in a civil action under KRS 344.670, in

lieu of an administrative hearing before the commission under KRS 344.640.

(1) The election shall be made not later than twenty (20) days after the receipt by the

electing person of service under KRS 344.630, from the commission or, in the case

of the commission, not later than twenty (20) days after service to the respondent

and complainant.

(2) The person making the election shall give written notice of doing so to the

commission and to all other complainants and respondents to whom the charge

relates.
KRS § 57.300 — KY Code / Title VII / Chapter 57 / Section 57.300
57.300 Acts of General Assembly, who entitled to copies
Status: in_force

57.300 Acts of General Assembly, who entitled to copies.

The following officers and libraries are entitled free of charge to copies of the Acts of the

General Assembly, as they are published: members of the General Assembly that passed

the acts, the Governor, the State Treasurer, Secretary of State, Auditor of Public

Accounts, justices and judges of the Court of Justice, Commonwealth's attorneys, and

county attorneys, one (1) copy each; the Attorney General, four (4) copies; the Legislative

Research Commission, for the use of the Senate, five (5) copies, and for the use of the

House of Representatives, ten (10) copies; the State Law Library, nine (9) copies; the

judge of each federal court for Kentucky, one (1) copy; the United States Court of

Appeals at Cincinnati, one (1) copy; the Supreme Court of the United States, one (1)

copy; the law library of each county, one (1) copy; the law library of the University of

Kentucky, three (3) copies; the law library of the University of Louisville, three (3)

copies; the Northern Kentucky University Chase Law School library, three (3) copies; the

Library of Congress, five (5) copies; the Kentucky Historical Society, one (1) copy; the

Department for Libraries and Archives, two (2) copies; and each of the state universities

in Kentucky, two (2) copies.
KRS § 411.187 — KY Code / Title XXXVI / Chapter 411 / Section 411.187
411.187 Supersedeas bond to stay execution of judgment granting any relief during appeal -- Limit -- Rescission of limit if assets diverted or dissipated
Status: in_force

411.187 Supersedeas bond to stay execution of judgment granting any relief during

appeal -- Limit -- Rescission of limit if assets diverted or dissipated.

(1) In any civil action brought under any legal theory, the amount of a supersedeas bond

necessary to stay execution of a judgment granting legal, equitable, or any other

relief during the entire course of all appeals or discretionary reviews of the

judgment by all appellate courts shall be set in accordance with applicable law,

except that the total amount of the supersedeas bonds that are required collectively

of all appellants during the appeal of a civil action may not exceed one hundred

million dollars ($100,000,000) in the aggregate, regardless of the amount of the

judgment that is appealed.

(2) If the appellee proves by a preponderance of the evidence that a party bringing an

appeal, for whom the supersedeas bond requirement has been limited, is

purposefully dissipating or diverting assets outside of the ordinary course of its

business for the purpose of avoiding ultimate payment of the judgment, the

limitation granted under subsection (1) of this section shall be rescinded and a court

may require the appellant to post a bond in an amount up to the full amount of the

judgment pursuant to the Kentucky Rules of Civil Procedure.
KRS § 149.385 — KY Code / Title XII / Chapter 149 / Section 149.385
149.385 Wood, saw or processing mills and railroads, regulation
Status: in_force

149.385 Wood, saw or processing mills and railroads, regulation.

(1) Any person operating or responsible for the operation of a sawmill, stavemill,

heading mill, or other woodworking mill, or any manufacturing or processing

establishment not entirely enclosed with fireproof or fire resistant walls or other

fireproof or fire resistant shielding, shall if such mill or establishment is in or

adjacent to timberland, maintain a cleared area of at least one hundred fifty feet

(150') in all directions from any fires maintained in or about or in connection with

the operation of such mill or establishment, and for a distance of one hundred feet

(100') in all directions from any sawdust pile, slab pile, or any other flammable

material accumulated from the operation of such mill or establishment.

(2) Each railroad company shall place in, on or around the top of the chimney of each

of its locomotives a screen, fender, damper or other appliance that will prevent as

far as possible sparks of fire escaping from the chimney within or adjacent to

timberland.

(3) Each railroad company within or adjacent to timberland shall keep its right-of-way

clear and free from weeds, high grass and decayed timber that is likely to take and

communicate fire from passing trains to abutting or adjacent property.
KRS § 196.045 — KY Code / Title XVII / Chapter 196 / Section 196.045
196.045 Administrative regulations for restoration of civil rights to eligible felony offenders
Status: in_force

196.045 Administrative regulations for restoration of civil rights to eligible felony

offenders.

(1) The Department of Corrections shall promulgate administrative regulations in

accordance with KRS Chapter 13A to implement a simplified process for the

restoration of civil rights to eligible felony offenders. As part of this simplified

process, the Department of Corrections shall:

(a) Inform eligible offenders about the process for restoration of civil rights and

provide a standard form which individuals may sign upon their release to

formally request that the Department of Corrections initiate the process;

(b) Generate a list on a monthly basis of eligible offenders who have been

released by the Department of Corrections or discharged by the Parole Board

and who have requested that their civil rights be restored;

(c) Conduct an investigation and compile the necessary information to ensure that

all restitution has been paid and that there are no outstanding warrants,

charges, or indictments;

(d) Provide notice to the Commonwealth's attorney in the county of commitment

and to the Commonwealth's attorney in the offender's county of residence,

setting out in the notification the criminal case number and charges for which

the offender was convicted; and

(e) Forward information on a monthly basis of eligible felony offenders who have

requested restoration of rights to the Office of the Governor for consideration

of a partial pardon.

(2) As used in this section, "eligible felony offender" means a person convicted of one

(1) or more felonies who:

(a) Has reached the maximum expiration of his or her sentence or has received

final discharge from the Parole Board;

(b) Does not have any pending warrants, charges, or indictments; and

(c) Had paid full restitution as ordered by the court or the Parole Board.

(3) As used in this section, "civil rights" means the ability to vote, serve on a jury,

obtain a professional or vocational license, and hold an elective office. It does not

include the right to bear arms.

(4) Any eligible offender not provided for under subsection (2) of this section may

submit an application directly to the Department of Corrections to initiate the

process outlined in subsection (1) of this section.
KRS § 344.990 — KY Code / Title XXVII / Chapter 344 / Section 344.990
344.990 Conspiracy or violation of confidential records, penalty
Status: in_force

344.990 Conspiracy or violation of confidential records, penalty.

A person who willfully engages in the practices declared unlawful by subsection (6) of

KRS 344.250 and 344.280 is guilty of a misdemeanor and shall be fined not more than

one hundred dollars ($100), or imprisoned for not more than thirty (30) days, or both.
KRS § 63.220 — KY Code / Title VIII / Chapter 63 / Section 63.220
63.220 Vacancies in county offices
Status: in_force

63.220 Vacancies in county offices.

(1) A vacancy in the office of sheriff, coroner, surveyor, county clerk, county attorney,

jailer, or constable, shall be filled by the county judge/executive, or by the mayor in

a consolidated local government.

(2) Appointments to fill vacancies under this section shall be until the successor is

elected, as provided in Section 152 of the Constitution, and qualified.