FrankGoortani/open-us-law huggingface dataset:
KRS § 387.570 — KY Code / Title XXXIII / Chapter 387 / Section 387.570
387.570 Hearing -- Burden of proof -- Jury trial unless conditions for bench trial are met
Status: in_force

387.570 Hearing -- Burden of proof -- Jury trial unless conditions for bench trial

are met.

(1) At a hearing convened pursuant to KRS 387.500 to 387.770 for the purpose of

determining the disability of a respondent, the respondent shall have the right to

present evidence and to confront and cross-examine all witnesses.

(2) The hearing may be closed to the public on request of the respondent or his counsel.

(3) The respondent shall have the right to be present at the hearing, and his presence

may be waived only by his failure to appear at the hearing or upon a determination

of the court that his attendance would subject him to serious risk of harm. Such

determination shall be evidence only of the respondent's inability to attend the

hearing and shall not be considered in determining the need for guardianship or

conservatorship.

(4) The court may remove itself to the place of residence of the respondent to conduct

the hearing in the presence of the respondent.

(5) The burden of proof shall be on the Commonwealth to prove the disability or partial

disability of the respondent by clear and convincing evidence.

(6) The respondent will not be determined partially disabled or disabled unless at least

one (1) of the persons who participated in the interdisciplinary evaluation required

by KRS 387.540 testifies in person at the hearing. This section shall not be

interpreted to preclude the respondent from requiring the testimony of more than

one (1) person participating in the preparation of the evaluation report.

(7) The hearing shall be a jury trial, unless:

(a) The respondent if present, counsel for the respondent, and the attorney for the

Commonwealth agree to a bench trial;

(b) No objection to a bench trial is made by an interested person or entity; and

(c) The interdisciplinary evaluation report prepared for the proceeding reflects a

unanimous consensus of the persons preparing it that the respondent is

disabled or partially disabled, the court has reviewed the report, and the court

finds no cause to require a jury trial.
KRS § 210.509 — KY Code / Title XVIII / Chapter 210 / Section 210.509
210.509 Meeting and duties of regional planning councils
Status: in_force

210.509 Meeting and duties of regional planning councils.

(1) The regional planning councils shall meet as often as necessary to accomplish their

purpose.

(2) The regional planning councils shall:

(a) Assess in the region the needs of individuals with mental illness, substance

use disorders, and dual diagnoses;

(b) 1. Study the regional mental health and substance use disorder treatment

delivery system and identify specific barriers in each region to accessing

services;

2. Assess the capacity of and gaps in the existing system, including the

adequacy of a safety net system and the adequacy and availability of the

mental health and substance use disorder professional workforce in each

region; and

3. Assess the coordination and collaboration of efforts between public and

private facilities and entities;

(c) Develop a regional strategy to increase access to community-based services

and supports for individuals with mental illness, substance use disorders, and

dual diagnoses. The strategies may include:

1. Exploration of the use of community-based treatment programs,

including but not limited to community-based hospitalization;

2. Access to and funding for the most effective medications;

3. Promotion of family and consumer support groups statewide;

4. Reduction of instances of criminalization of individuals with mental

illness, substance use disorders, and dual diagnoses; and

5. Efforts to increase housing options for persons at risk of

institutionalization;

(d) Identify funding;

(e) Evaluate the access of children and youth to mental health and substance use

disorder services and preventive programs within the region, including but not

limited to those provided by schools, family resource and youth services

centers, public and private mental health and substance use disorder providers

and facilities, physical health care providers and facilities, the faith

community, and community agencies;

(f) Collect and evaluate data regarding individuals with mental illness, substance

use disorders, and dual diagnoses who experience repeated hospital

admissions, involvement with law enforcement, courts, and the judicial

system, and repeated referrals from hospitals to community-based services;

and

(g) Make recommendations on each subsection of this section in the regional

annual plans required by KRS 210.400.
KRS § 272.111 — KY Code / Title XXIII / Chapter 272 / Section 272.111
272.111 Association -- Purposes
Status: in_force

272.111 Association -- Purposes.

An association may be organized to engage in any activity in connection with the

production, harvesting, marketing, selling, preserving, drying, processing, canning,

packing, grading, storing, handling, shipping or utilization of the agricultural products

owned, leased, handled or marketed by its members and other farmers, with the

manufacture or marketing of the by-products thereof, in connection with the

manufacturing, selling, or supplying to its members and other farmers of machinery,

equipment or supplies, in the financing of the above-enumerated activities, in performing

or furnishing services of economic or educational nature, on a cooperative basis for those

engaged in agriculture, or in any one or more of the activities specified herein.
KRS § 179.260 — KY Code / Title XV / Chapter 179 / Section 179.260
179.260 Pipelines not to obstruct roads
Status: in_force

179.260 Pipelines not to obstruct roads.

Pipeline companies whose lines have been laid across or along any public road shall fill

up all excavations made by them and shall make the public road in all respects as good as

it was before the excavation was made, and keep it in such condition.
KRS § 147A.029 — KY Code / Title XII / Chapter 147A / Section 147A.029
147A.029 Disbursement of funds for Local Match Participation Program
Status: in_force

147A.029 Disbursement of funds for Local Match Participation Program.

(1) The commissioner of the Department for Local Government shall administer and

determine the disbursement of funds for the Local Match Participation Program.

(2) Funds appropriated for the Local Match Participation Program may be used as

matching funds by local governments, soil and water conservation districts

established under KRS 262.010 to 262.660, or watershed conservancy districts

established under KRS 262.700 to 262.795 for flood-related projects and straight

sewage pipe removal projects with:

(a) The United States Army Corps of Engineers;

(b) The Federal Emergency Management Agency (FEMA);

(c) The United States Department of Agriculture Natural Resources Conservation

Service; and

(d) Other federal government grant and loan programs requiring local matching

funds.

(3) Any general fund appropriations made for the Local Match Participation Program

may be used for flood control planning and mitigation activities and straight sewage

pipe removal and mitigation activities.
KRS § 171.388 — KY Code / Title XIV / Chapter 171 / Section 171.388
171.388 Kentucky Register of Heritage Farms
Status: in_force

171.388 Kentucky Register of Heritage Farms.

(1) As used in this section, "structure" means a house, barn, shed, crib, silo, windmill,

fence, or cemetery marker.

(2) The heritage division shall establish the Kentucky Register of Heritage Farms. A

heritage farm shall comprise at least forty (40) acres and (a) shall have been owned

and farmed by the same family for more than one hundred (100) years or, (b) shall

include at least one structure more than fifty (50) years old.

(3) Designation of a farm as a Kentucky Heritage Farm under this section shall not

restrict the sale, alteration, use, or the exercise of any other right of ownership.
KRS § 365.583 — KY Code / Title XXIX / Chapter 365 / Section 365.583
365.583 Assignments, changes of name, and other instruments
Status: in_force

365.583 Assignments, changes of name, and other instruments.

(1) Any mark and its registration or application pursuant to KRS 365.561 to 365.613

shall be assignable with the goodwill of the business in which the mark is used, or

with that part of the goodwill of the business connected with the use of and

symbolized by the mark. An assignment shall be in writing, duly executed, and may

be recorded with the Secretary upon the payment to the Secretary of a recording fee

of five dollars ($5). The Secretary shall issue in the name of the assignee of a

registration a new certificate for the remainder of the term of the registration or

renewal period. An assignment of any registration shall be void as against any

subsequent purchaser for valuable consideration without notice, unless it is recorded

with the Secretary within three (3) months after the date of the assignment or prior

to the subsequent purchase.

(2) Any registrant or applicant may record a certificate of change of name of the

registrant or applicant with the Secretary upon the payment of the recording fee

prescribed in subsection (1) of this section. The Secretary may issue in the name of

the assignee a certificate of registration of an assigned application or a new

certificate or registration for the remainder of the term of the registration or last

renewal.

(3) Other instruments relating to a registered mark or a pending application for

registration, for example, licenses, security interests, or mortgages, may be recorded

in the discretion of the Secretary, if the instrument is in writing and duly executed.

(4) Acknowledgement shall constitute a rebuttable presumption that an assignment or

other instrument was executed and, when recorded by the Secretary, that record

shall constitute a rebuttable presumption of execution.

(5) A photocopy of any instrument referred to in subsections (1), (2), or (3) of this

section shall be accepted for recording if it is certified by any of the parties to the

instrument or their successors as a true and correct copy of the original.
KRS § 6.716 — KY Code / Title II / Chapter 6 / Section 6.716
6.716 Current issues seminars for legislators and legislative employees
Status: in_force

6.716 Current issues seminars for legislators and legislative employees.

(1) The commission shall design the general curriculum of a current issues seminar,

which shall include, but not be limited to, discussion of changes in the ethics laws

and administrative regulations, new advisory opinions, current ethical issues

confronting public servants, practical application of ethics laws and principles to

specific issues and situations, and development of problem-solving skills. The

commission shall prepare the methods and materials necessary to implement the

curriculum.

(2) The commission shall:

(a) Administer the current issues seminars for legislators and training for

employees of the legislative branch of state government;

(b) Designate instructors to conduct their current issues courses who shall be

trained by the commission; and

(c) Notify legislators regarding attendance in these seminars.

(3) The current issues seminars for legislators shall be conducted in January of each

year. Each course shall be at least two (2) hours in length and shall be designed for

approval by the Kentucky Bar Association for continuing legal education ethics

credits which the bar association may require.

(4) To facilitate participant interaction, those portions of the seminars dedicated to

group participation may be closed to the public.

(5) Each legislator, after completion of an orientation training course, shall complete

one (1) current issues seminar annually.
KRS § 440.190 — KY Code / Title XL / Chapter 440 / Section 440.190
440.190 Investigation by Attorney General
Status: in_force

440.190 Investigation by Attorney General.

When a demand shall be made upon the Governor of this state by the executive authority

of another state for the surrender of a person so charged with crime, the Governor may

call upon the Attorney General or any other officer of this state to investigate or assist in

investigating the demand, and to report to him the situation and circumstances of the

person so demanded, and whether he ought to be surrendered.
KRS § 315.408 — KY Code / Title XXVI / Chapter 315 / Section 315.408
315.408 Electronic track and trace system
Status: in_force

315.408 Electronic track and trace system.

(1) The board shall not require the use of an electronic track and trace system to

initiate, provide, receive, or maintain a pedigree by a person or entity licensed to

possess, distribute, dispense, or administer prescription drugs for use by an end user

until the FDA develops and implements standards for identification, validation,

authentication, and tracking and tracing of prescription drugs pursuant to 21 U.S.C.

sec. 355e. The electronic track and trace system requirements by the board shall

meet the FDA's standards for all prescription drugs covered by the FDA standards.

(2) Upon implementation of FDA standards for an electronic track and trace system, the

requirements relating to a pedigree in KRS 315.406 shall be superseded by the FDA

standards and shall not apply to any prescription drugs specified in the FDA

standards.

(3) Prior to promulgation of any administrative regulation under KRS Chapter 13A that

requires the use of an electronic track and trace system, the board shall consult with

manufacturers, wholesale distributors, and pharmacies regarding implementation of

the electronic track and trace system requirements and publish a report on its Web

site about implementation issues, including but not limited to universal availability,

technical and operational feasibility, and reliability for manufacturers, wholesale

distributors, and pharmacies.
KRS § 56.220 — KY Code / Title VII / Chapter 56 / Section 56.220
56.220 Lands in Ohio River bed
Status: in_force

56.220 Lands in Ohio River bed.

All that portion of the bed of the Ohio River, lying north of the thread of the stream,

except accretions to islands privately owned, is declared to be vacant and unappropriated

land, and the county judge/executive of each county bordering on the Ohio River may use

or lease the river bed for county purposes, upon such terms and conditions as to him seem

beneficial to the county. Any contract of leasing made by any such county

judge/executive of such river bed for any sand and gravel rights for or on behalf of the

county conveys full right and title to the lessee to the exclusive use of all sand and gravel

deposits in the river bed to the extent embraced in the lease.
KRS § 11A.100 — KY Code / Title III / Chapter 11A / Section 11A.100
11A.100 Procedures for administrative hearings -- Action by commission
Status: in_force

11A.100 Procedures for administrative hearings -- Action by commission.

(1) The provisions of KRS Chapter 13B shall apply to all commission administrative

hearings, except for the provisions of:

(a) KRS 13B.030(2)(b);

(b) KRS 13B.050(1), (2), and (3) when a party fails to file an answer or otherwise

participate; and

(c) KRS 13B.090(7).

(2) All administrative hearings of the commission carried out pursuant to the provisions

of this section shall be public, unless the members vote to go into executive session

in accordance with KRS 61.810.

(3) The commission, upon a finding pursuant to an administrative hearing that there has

been clear and convincing proof of a violation of this chapter, may:

(a) Issue an order requiring the violator to cease and desist the violation; and

(b) Issue an order requiring the violator to file any report, statement, or other

information as required by this chapter; and

(c) In writing, publicly reprimand the violator for potential violations of the law

and provide a copy of the reprimand to the alleged violator's appointing

authority, if any; and

(d) In writing, recommend to the violator's appointing authority that the violator

be removed or suspended from office or employment, and include a

recommendation for length of suspension, to be approved by the appointing

authority, if any; and

(e) Issue an order requiring the violator to pay a civil penalty of not more than

five thousand dollars ($5,000) for each violation of this chapter.

(4) In addition to any other remedies provided by law, any violation of this chapter

which has substantially influenced the action taken by any state agency in any

particular matter shall be grounds for voiding, rescinding, or canceling the action on

such terms as the interests of the state and innocent third persons require.

(5) The commission shall refer to the Attorney General evidence of violations of KRS

11A.040 for prosecution. The Attorney General shall have responsibility for all

prosecutions under the law and may request from the commission all evidence

collected in its investigation. The commission may represent itself through the

general counsel in all subsequent proceedings.
KRS § 164.098 — KY Code / Title XIII / Chapter 164 / Section 164.098
164.098 Duties of Council on Postsecondary Education relating to advanced placement, dual enrollment, and dual credit programs
Status: in_force

164.098 Duties of Council on Postsecondary Education relating to advanced

placement, dual enrollment, and dual credit programs.

(1) The Council on Postsecondary Education shall promulgate administrative

regulations that require public postsecondary educational institutions to grant credit

toward graduation to a student who scores at least "3" on a College Board Advanced

Placement examination.

(2) The Council on Postsecondary Education shall publish information, in print and

electronic format, about the scores required on College Board Advanced Placement

examinations at which credit toward graduation and completion of degree

requirements will be granted at all Kentucky public and private postsecondary

educational institutions.

(3) The Council on Postsecondary Education, in conjunction with the Kentucky Board

of Education and the Education Professional Standards Board, shall develop

guidelines for content knowledge and teacher training in dual enrollment and dual

credit programs offered in Kentucky.
KRS § 231.060 — KY Code / Title XIX / Chapter 231 / Section 231.060
231.060 County clerk to docket and publish application
Status: in_force

231.060 County clerk to docket and publish application.

When the application is filed with the county clerk he shall have a notice that the

application has been filed, published pursuant to KRS Chapter 424 in the county.
KRS § 100.183 — KY Code / Title IX / Chapter 100 / Section 100.183
100.183 Comprehensive plan required
Status: in_force

100.183 Comprehensive plan required.

The planning commission of each unit shall prepare a comprehensive plan, which shall

serve as a guide for public and private actions and decisions to assure the development of

public and private property in the most appropriate relationships. The elements of the

plan may be expressed in words, graphics, or other appropriate forms. They shall be

interrelated, and each element shall describe how it relates to each of the other elements.
KRS § 226.080 — KY Code / Title XIX / Chapter 226 / Section 226.080
226.080 Maximum interest -- Service charges
Status: in_force

226.080 Maximum interest -- Service charges.

Any pawnbroker, as defined in KRS 226.010, may, in loaning money on deposit of

personal property, charge, contract for or receive interest at a rate not exceeding two

percent (2%) per month on the unpaid principal balance of the loan, and may charge,

contract for and receive a reasonable fee, not to exceed one-fifth (1/5) of the value of the

loan per month, for investigating the title, storing and insuring the property, closing the

loan, making daily reports to local law enforcement officers and for other expenses,

losses and incidental costs associated with servicing such loans. It is further provided that

such fee when made and collected shall not be deemed interest for any purpose of law.

No pawnbroker shall directly or indirectly charge, receive or contract for any interest or

consideration greater than that allowed by this section.
KRS § 403.642 — KY Code / Title XXXV / Chapter 403 / Section 403.642
403.642 Applicability
Status: in_force

403.642 Applicability.

KRS 403.640 to 403.670 applies to a collaborative law participation agreement that meets

the requirements of KRS 403.640 to 403.670, signed on or after July 15, 2024.
KRS § 227.370 — KY Code / Title XIX / Chapter 227 / Section 227.370
227.370 Inspection of property by fire chief or other department personnel -- Inspection and investigation reports
Status: in_force

227.370 Inspection of property by fire chief or other department personnel --

Inspection and investigation reports.

(1) The chief of the fire department of a city, or any officer or member of his

department designated by him for that purpose, is authorized to inspect all property

for the purpose of ascertaining and causing to be corrected any conditions likely to

cause fire loss, or determining the cause or origin of any fire loss, or discovering

any violation of a law or ordinance relating to fire prevention and protection. This

authority shall apply to the interior of occupied, private dwellings only when a fire

loss has occurred therein or when the officer has reason to believe that unsafe

conditions exist in the building. Inspections of property in the territory served by the

fire department shall be made as often as practicable or as often as the city

legislative body may direct.

(2) A written report of each inspection shall be made and kept on file in the office of

the chief of the fire department. Reports of investigations of fire losses conducted

by a fire department may, in the discretion of the chief of the fire department, be

withheld from the public.
KRS § 257.552 — KY Code / Title XXI / Chapter 257 / Section 257.552
257.552 Cervid holder in violation of state law or administrative regulation -- Compliance timeframe -- Quarantine
Status: in_force

257.552 Cervid holder in violation of state law or administrative regulation --

Compliance timeframe -- Quarantine.

If any person holding captive cervids regulated under KRS 150.725 to 150.735 is

determined in violation of a Kentucky statute or administrative regulation pertaining to

the health requirements, eradication of diseases, importation, and identification of those

cervids, then that person shall have sixty (60) days from when the violation was identified

to come into compliance. During the sixty (60) day period, the cervids shall be subject to

quarantine by the Kentucky Department of Agriculture. The permit holder may request an

administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the notice

of violation and may appeal the final decision to Franklin Circuit Court in accordance

with KRS Chapter 13B. If a final determination upholds the Kentucky Department of

Agriculture, the permit holder's cervids may be disposed of by the department without

compensation to the owner.