FrankGoortani/open-us-law huggingface dataset:
KRS § 67A.6904 — KY Code / Title IX / Chapter 67A / Section 67A.6904
67A.6904 Activities prohibited and duty to bargain in good faith
Status: in_force

67A.6904 Activities prohibited and duty to bargain in good faith.

(1) Except as provided in KRS 336.130, urban-county governments and their

representatives and agents are prohibited from:

(a) Interfering, restraining, or coercing police officers, firefighter personnel,

firefighters, or corrections personnel in the exercise of the rights

guaranteed in KRS 67A.6902;

(b) Dominating or interfering with the formation, existence, or administration

of any labor organization;

(c) Discriminating in regard to hiring or tenure of employment or any term or

condition of employment to encourage or discourage membership in any

labor organization;

(d) Discharging or otherwise discriminating against an employee because he

or she has signed or filed any affidavit, petition, or complaint or given any

information or testimony under this section; or

(e) Refusing to bargain collectively in good faith with a labor organization

which is the exclusive representative of employees in an appropriate unit,

including but not limited to the discussing of grievances with the exclusive

representative.

(2) Labor organizations and their agents are prohibited from:

(a) Restraining or coercing:

1. Police officers, firefighter personnel, firefighters, or corrections

personnel in the exercise of the right guaranteed in KRS 67A.6902;

and

2. An urban-county government in the selection of a representative for

the purposes of collective bargaining or the adjustment of

grievances; or

(b) Refusing to bargain collectively in good faith with an urban-county

government, if they have been designated in accordance with the

provisions of this section as the exclusive representative of police officers,

firefighter personnel, firefighters, or corrections personnel in an

appropriate unit.

(3) For the purposes of this section, to bargain collectively is to carry out in good

faith the mutual obligation of the parties, or their representatives; to meet

together at reasonable times, including meetings in advance of the

budget-making process; to negotiate in good faith with respect to wages,

hours, and other conditions of employment; to negotiate an agreement; to

negotiate any question arising under any agreement; and to execute a written

contract incorporating any agreement reached, if requested by either party.

The obligation shall not be interpreted to compel either party to agree to a

proposal, or require either party to make a concession.
KRS § 220.120 — KY Code / Title XVIII / Chapter 220 / Section 220.120
220.120 Conclusiveness of certificate
Status: in_force

220.120 Conclusiveness of certificate.

The certificate establishing the district shall be deemed final and binding upon the real

property in the district, and shall finally and conclusively establish the regular

organization of the district against all persons except the state upon suit commenced by

the Attorney General. The organization of the district shall not be directly or collaterally

questioned in any action except as herein expressly authorized.
KRS § 457.350 — KY Code / Title XLII / Chapter 457 / Section 457.350
457.350 Claims and litigation
Status: in_force

457.350 Claims and litigation.

Unless the power of attorney otherwise provides, language in a power of attorney granting

general authority with respect to claims and litigation authorizes the agent to:

(1) Assert and maintain before a court or administrative agency a claim, claim for

relief, cause of action, counterclaim, offset, recoupment, or defense, including an

action to recover property or other thing of value, recover damages sustained by the

principal, eliminate or modify tax liability, or seek an injunction, specific

performance, or other relief;

(2) Bring an action to determine adverse claims or intervene or otherwise participate in

litigation;

(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional,

or intermediate relief and use an available procedure to effect or satisfy a judgment,

order, or decree;

(4) Make or accept a tender, offer of judgment, or admission of facts, submit a

controversy on an agreed statement of facts, consent to examination, and bind the

principal in litigation;

(5) Submit to alternative dispute resolution, settle, and propose or accept a

compromise;

(6) Waive the issuance and service of process upon the principal, accept service of

process, appear for the principal, designate persons upon which process directed to

the principal may be served, execute and file or deliver stipulations on the

principal’s behalf, verify pleadings, seek appellate review, procure and give surety

and indemnity bonds, contract and pay for the preparation and printing of records

and briefs, receive, execute, and file or deliver a consent, waiver, release,

confession of judgment, satisfaction of judgment, notice, agreement, or other

instrument in connection with the prosecution, settlement, or defense of a claim or

litigation;

(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or

involuntary, concerning the principal or some other person, or with respect to a

reorganization, receivership, or application for the appointment of a receiver or

trustee which affects an interest of the principal in property or other thing of value;

(8) Pay a judgment, award, or order against the principal or a settlement made in

connection with a claim or litigation; and

(9) Receive money or other thing of value paid in settlement of or as proceeds of a

claim or litigation.
KRS § 382.077 — KY Code / Title XXXII / Chapter 382 / Section 382.077
382.077 Immediate recording -- Priority of documents
Status: in_force

382.077 Immediate recording -- Priority of documents.

Documents physically presented to a county clerk for recording during regular business

hours shall be considered for immediate recording if requested by the party presenting the

documents, except that the county clerk may refuse unreasonable requests. Documents

delivered by all other methods shall be processed as they are received, with priority

assigned by the date the documents are received. All documents received on a given date

shall have equal priority, and the county clerk shall have discretion to decide in what

order documents are processed. A county clerk shall be held harmless for any disputes

that arise regarding the timing of a recorded document.
KRS § 247.585 — KY Code / Title XXI / Chapter 247 / Section 247.585
247.585 Refund of assessment collected from producer
Status: in_force

247.585 Refund of assessment collected from producer.

Any producer upon and against whom the assessment shall have been levied and

collected under the provisions of KRS 247.510 to 247.595, if dissatisfied with the

assessment and the result thereof, shall have the right to demand of and receive from the

treasurer of the promotion board a refund of the assessment so collected from the

producer; provided, the demand for refund is made in writing within ninety (90) days

from the date on which the assessment is collected from the producer.
KRS § 120.055 — KY Code / Title X / Chapter 120 / Section 120.055
120.055 Procedure for contest of primary
Status: in_force

120.055 Procedure for contest of primary.

Any candidate for nomination to office at a primary held under the provisions of KRS

118.015 to 118.035 and 118.105 to 118.255, or any candidate for nomination to a city

office at a primary for which the statutes do not otherwise provide for determining contest

elections, for whom a number of votes was cast equal to not less than fifty percent (50%)

of the votes cast for the successful candidate for nomination to the office, may contest the

right of the successful candidate, and of any other candidate for nomination to the office,

to the nomination, by filing a petition in the Circuit Court within ten (10) days from the

day of the primary, stating the specific grounds relied upon for the contest, and causing a

summons to be issued, returnable in seven (7) days. In the case of candidates for offices

for the state at large, the petition shall be filed in the Franklin Circuit Court; in the case of

other candidates it shall be filed in the Circuit Court of the county in which the contestee

resides. The summons may be personally served on the contestee in any county, or it may

be served by leaving a copy at his or her home with a member of his or her family over

sixteen (16) years of age, or by posting a copy on the door of his or her residence. The

contestee shall file his or her answer within seven (7) days after service of summons. The

answer may contain grounds of contest in favor of the contestee and against the

contestant, but the grounds shall be specifically set out. Any candidate who would have

been qualified to bring a contest action under this section, who is a party to a recount

proceeding brought under KRS 120.095, may, by filing an answer in the recount

proceeding within the time allowed by this section for filing grounds of contest, set forth

grounds of contest against the petitioner in the recount proceeding. No ground of contest

by either party shall be filed or made more definite by amendment after the expiration of

the time allowed by this section for filing the original pleading. The contestant may file a

reply within five (5) days after answer is filed, which shall complete the pleading, and any

affirmative matter in the reply shall be treated as controverted. Upon return of the

summons, properly executed, to the office of the circuit clerk of the county in which the

action is pending, the clerk shall immediately docket the cause and notify the presiding

judge of the court that the contest has been instituted, and the judge shall proceed to a

trial of the cause within five (5) days after the issue was joined. In judicial circuits having

more than one (1) Circuit Judge, the judge who shall hear the cause shall be determined

by lot.
KRS § 220.585 — KY Code / Title XVIII / Chapter 220 / Section 220.585
220.585 Financing by apportionment warrants
Status: in_force

220.585 Financing by apportionment warrants.

After the creation of a construction district under the provisions of KRS 220.553 to

220.561, the board may, if the board deems it feasible, instead of issuing bonds as

provided in KRS 220.575, issue apportionment warrants, using the procedures after

assessment set out in KRS 184.150 to 184.250, "road district" being read as "sanitation

district," "board of directors" being read as "sanitation district board" and the reference to

roads being read as reference to sewers and treatment plants.
KRS § 278.255 — KY Code / Title XXIV / Chapter 278 / Section 278.255
278.255 Periodic management and operation audits
Status: in_force

278.255 Periodic management and operation audits.

(1) The commission shall provide for periodic management and operation audits of

each utility with annual intra-Kentucky assessable revenue as of December 31,

1983, under KRS 278.150(1) not less than one hundred million dollars

($100,000,000) to investigate management effectiveness and operating efficiency.

The commission shall complete or provide for a full and comprehensive audit of

each such utility prior to January 1, 1990. After the initial audit of any utility, the

commission may order a subsequent audit of that utility focusing on issues

disclosed by the initial audit. A full and comprehensive audit of any utility initiated

prior to July 13, 1984, may be deemed to satisfy the requirements of this subsection

if the audit was required and directed by the commission and completed after July 1,

1983.

(2) The commission may provide for management or operations audits, or both, of any

utility under its jurisdiction on a regular or irregular schedule to investigate all or

any portion of the management and operating procedures or any other internal

workings of the utility.

(3) Audits provided under this section may, at the discretion of the commission, be

performed by the commission staff or by a competent, qualified and independent

firm. When the commission orders an audit to be performed by an independent

firm, the commission shall select the audit firm, which shall work for and under the

direction of the commission, with the cost to be borne by the utility. The

commission shall include the cost of conducting any audits required in this section

in the cost of service of the utility for ratemaking purposes.

(4) The commission shall adopt rules and regulations setting forth the scope and

application of audits, and procedures for the conduct of management and operations

audits. The audit procedures shall provide the utility being audited the opportunity

to comment at various stages of the audit, including an opportunity to comment on

the initial work plan and the opportunity to review and comment on preliminary

audit drafts prior to issuance of a final document. The results of all audits shall be

filed with the commission and shall be open to public inspection.
KRS § 194A.710 — KY Code / Title XVII / Chapter 194A / Section 194A.710
194A.710 Licensure requirement -- Categories -- Administrative regulations
Status: in_force

194A.710 Licensure requirement -- Categories -- Administrative regulations.

(1) An assisted living community shall not operate unless it is licensed under this

chapter. A licensee shall be legally responsible for the management, control, and

operations of the facility.

(2) The following categories are established for assisted living community licensure:

(a) An assisted living community license for any facility that provides assisted

living services, excluding basic health and health-related services;

(b) An assisted living community with basic health care license for any facility

that:

1. Provides assisted living services, including basic health and health-

related services directly to its residents; and

2. Does not have a secured dementia care unit; and

(c) An assisted living community with dementia care license for any facility that

provides assisted living services and dementia care services in a secured

dementia care unit.

(3) An assisted living community shall not operate a secured dementia care unit

without first obtaining an assisted living community with dementia care license

from the cabinet. A license issued pursuant to this section shall not be assignable or

transferable.

(4) The Office of Inspector General shall promulgate administrative regulations in

accordance with KRS Chapter 13A to establish:

(a) Licensing classifications within the categories as described in subsection (2)

of this section; and

(b) Standards to help ensure the health, safety, and well-being of residents.
KRS § 406.021 — KY Code / Title XXXV / Chapter 406 / Section 406.021
406.021 Determination of paternity -- Liability of noncustodial parent
Status: in_force

406.021 Determination of paternity -- Liability of noncustodial parent.

(1) Paternity may be determined upon the complaint of the mother, putative father,

child, person, or agency substantially contributing to the support of the child. The

action shall be brought by the county attorney or by the Office of the Attorney

General or its designee upon the request of complainant authorized by this section.

(2) Paternity may be determined by the District Court when the mother and father of

the child, either:

(a) Submit affidavits in which the mother states the name and Social Security

number of the child's father and the father admits paternity of the child; or

(b) Give testimony before the District Court in which the mother states the name

and Social Security number of the child's father and the father admits

paternity of the child.

(3) If paternity has been determined or has been acknowledged according to the laws of

this state, the liabilities of the noncustodial parent may be enforced in the same or

other proceedings by the mother, child, person, or agency substantially contributing

to the cost of pregnancy, confinement, education, necessary support, or funeral

expenses. Bills for testing, pregnancy, and childbirth without requiring third party

foundation testimony shall be regarded as prima facie evidence of the amount

incurred. An action to enforce the liabilities of the noncustodial parent shall be

brought by the county attorney upon the request of such complainant authorized by

this section. An action to enforce the liabilities of the cost of pregnancy, birthing

costs, child support, and medical support shall be brought by the county attorney or

by the Office of the Attorney General or its designee.

(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046 shall create a

rebuttable presumption of paternity.

(5) Upon a showing of service of process on the defendant and if the defendant has

made no pleading to the court or has not moved to enter evidence pursuant to KRS

406.091, the court shall order paternity to be established by default.
KRS § 213.047 — KY Code / Title XVIII / Chapter 213 / Section 213.047
213.047 Payment for completed affidavit-of-paternity form
Status: in_force

213.047 Payment for completed affidavit-of-paternity form.

The Cabinet for Health and Family Services shall pay the sum of ten dollars ($10) to an

institution or local health department for each completed affidavit-of-paternity form

returned to the state registrar by the institution or local health department, pursuant to

KRS 213.046, limited to the appropriated funds for the purpose of KRS 213.046.
KRS § 142.341 — KY Code / Title XI / Chapter 142 / Section 142.341
142.341 Records to be kept by provider -- Length of time of retention
Status: in_force

142.341 Records to be kept by provider -- Length of time of retention.

(1) Every provider shall keep records, receipts, invoices, and other pertinent papers in

the form as the department may require.

(2) Every provider who files the returns required under KRS 142.323 shall keep records

for not less than six (6) years from the making of records unless the department in

writing authorizes their destruction at an earlier date.
KRS § 173.540 — KY Code / Title XIV / Chapter 173 / Section 173.540
173.540 Duties of treasurer of board -- Bond
Status: in_force

173.540 Duties of treasurer of board -- Bond.

The treasurer of the board shall:

(1) Have the custody of all money, securities, and obligations belonging to that district,

and shall disburse money only for the uses and purposes of the district and in the

manner prescribed by the bylaws on itemized vouchers allowed by the board, signed

by the secretary and countersigned by the president;

(2) Keep a full and accurate account of all receipts and payments in the manner directed

by the bylaws, and such other accounts as the board prescribes;

(3) Render statements of accounts of the several books, funds, and property of the

library whenever required by the board;

(4) Have all accounts and records for the fiscal year fully made up and present the same

to the board within ninety (90) days following the close of that fiscal year;

(5) Give bond to the Commonwealth for the faithful performance of those duties, in the

sum and form and with the sureties approved by the board.
KRS § 212.637 — KY Code / Title XVIII / Chapter 212 / Section 212.637
212.637 Indebtedness
Status: in_force

212.637 Indebtedness.

The board shall not incur nor permit the incurrence of any indebtedness, in any manner or

for any purpose, in an amount exceeding, in any fiscal year of the board, the income and

revenue provided for the year through the appropriation provided for in KRS 212.639 or

under any other provision of KRS 212.626 to 212.639 and funds derived from any other

sources, without the assent of the voters in the county, voting at an election called and

held for that purpose.
KRS § 82.620 — KY Code / Title IX / Chapter 82 / Section 82.620
82.620 Contest of violation determination -- Hearing -- Appeal
Status: in_force

82.620 Contest of violation determination -- Hearing -- Appeal.

(1) Any person cited for a parking violation under KRS 82.610 may contest the

determination that a violation occurred by requesting in writing a hearing before the

hearing board. Such hearing shall be held no later than fourteen (14) days from the

date of receipt of the request, unless prior to the hearing the person requesting such

hearing requests an extension of time not to exceed fourteen (14) days. No less than

seven (7) days prior to the date set for the hearing, the board shall notify the

registered owner of the vehicle of the date, time and place of the hearing. Any

person requesting a hearing who fails to appear at the time and place set for the

hearing shall be deemed to have refused to pay the fine levied by the citation.

(2) At the hearing, after consideration of the evidence, the board shall determine

whether a violation was committed. Where it has not been established that the

violation was committed, an order dismissing the citation shall be entered. Where it

has been established that a violation was committed, the board shall uphold the

citation and order the owner to pay the citation within seven (7) days. A copy of

such order shall be furnished the owner. Any person ordered to pay the fine who

fails to do so within seven (7) days shall be deemed to have refused to pay the fine

levied by the citation.

(3) The board may consider the parking citation and any other written report made

under oath by the officer who issued the citation in lieu of the officer's personal

appearance at the hearing.

(4) An appeal from the hearing board's determination may be made to the District Court

of the county in which the city is located within seven (7) days of the board's

determination. The appeal shall be initiated by the filing of a complaint and a copy

of the board's order in the same manner as any civil action under the Rules of Civil

Procedure. The action shall be tried de novo and the burden shall be upon the local

government to establish that a violation occurred. If the court finds that a violation

occurred, the owner shall be ordered to pay to the local government all fines, fees

and penalties occurring as of the date of the judgment. If the court finds that a

violation did not occur, the local government shall be ordered to dismiss the citation

and the plaintiff shall be authorized to recover his costs.

(5) The judgment of the District Court may be appealed to the Circuit Court in

accordance with the Rules of Civil Procedure.
KRS § 148.720 — KY Code / Title XII / Chapter 148 / Section 148.720
148.720 Limitation on use of motorized vehicles
Status: in_force

148.720 Limitation on use of motorized vehicles.

The use of motorized vehicles by the general public within the right-of-way of any state

scenic or recreation trail shall be prohibited and nothing in KRS 148.610 to 148.780 shall

be construed as authorizing the use of motorized vehicles in these rights-of-way;

provided, that the department shall establish regulations which shall authorize the use of

motorized vehicles when such vehicles are required to meet emergencies where life or

health is at risk, for the maintenance of established trails, or to enable present or adjacent

landowners or land users to have access to their lands or timber rights where no

reasonable alternative method of access exists or could be constructed. Prosecution for

violation of this section may be initiated by a peace officer who witnessed an offense in

violation of this section or by any private citizen who witnessed any violation of this

section who is willing to make the initial charge and testify for the state.