KRS § 11.160 — KY Code / Title III / Chapter 11 / Section 11.160
11.160 Procedure for General Assembly confirmation of appointments by the Governor or other appointing authority
Status: in_force

11.160 Procedure for General Assembly confirmation of appointments by the

Governor or other appointing authority.

(1) When a statute specifically requires Senate confirmation of an appointment by the

Governor or by other appointing authority, the appointment shall be handled in the

following manner:

(a) All names of persons nominated when the General Assembly is not in session

shall be submitted for confirmation no later than the next regular session of

the General Assembly. The Governor who makes the appointment, or other

appointing authority, shall deliver the name of the nominee to the clerk of the

Senate upon appointment or no later than the fifteenth legislative day of the

next regular session of the General Assembly. The Governor may submit a

nominee for confirmation at any special session that occurs between the date

of initial appointment and the next regular session of the General Assembly. If

the Governor desires to submit the name of a nominee for confirmation at a

special session of the General Assembly, he shall place confirmation of the

nominee on the call for special session.

(b) All names of persons nominated to positions during a regular session of the

General Assembly shall be submitted for confirmation at that regular session.

The Governor who makes the appointment, or other appointing authority,

shall submit the name of the nominee, together with such accompanying

information as may expedite the consideration of the appointment to the clerk

of the Senate not more than three (3) legislative days after making the

appointment, unless the appointment is made during the last fifteen (15)

legislative days, in which case the nominee's name and information shall be

submitted not more than one (1) legislative day later.

(c) For each nominee, the Governor who makes the appointment, or other

appointing authority, shall deliver to the clerk of the Senate a letter of

appointment. The letter of appointment shall be accompanied by a resume

which contains at least the following information:

1. Complete employment history of the nominee;

2. Complete educational background of the nominee; and

3. Current and past employment by or financial relationships with the

Commonwealth of Kentucky or any of its political subdivisions held by

the nominee and any member of the nominee's immediate family.

(d) When a statute requires an interim legislative committee to hold a public

hearing on a particular appointment, the Governor who makes the

appointment, or other appointing authority, shall deliver the letter of

appointment and resume for each nominee to the Legislative Research

Commission within seven (7) days after making the appointment.

(e) The Legislative Research Commission may utilize the services of its staff or

other appropriate persons or organizations to investigate the background of

nominees and to verify the information provided. The Department of

Kentucky State Police shall conduct and provide a criminal record history on

a nominee if requested by the Legislative Research Commission.

(f) During periods when the General Assembly is not in session, the Governor's

or other appointing authority's power of appointment shall not be diminished,

and nominees may assume the responsibilities of the position pending

confirmation. During that period, they shall be considered for all purposes to

have been appointed and to be lawful occupants of the post to which they

have been nominated, except that they shall be subject to the confirmation

process when the General Assembly is next in regular session or special

session called for the purpose of confirming the nominees.

(g) If the Governor who makes the appointment, or other appointing authority,

fails to submit the name of the nominee or if the Senate declines to consider a

nominee, the position shall become vacant as of sine die adjournment of the

applicable special or regular session of the General Assembly at which the

appointment was to be confirmed. If the Senate declines to confirm the

nominee, the position shall become vacant upon the date the Senate declined

to confirm.

(h) Any person not confirmed by the Senate shall not be reappointed by the

Governor, or other appointing authority, to the same position for which

confirmation is required for a period of two (2) years from the date the Senate

declined to confirm the nomination or the date of sine die adjournment if the

Senate declined to consider the nomination.

(2) When a statute specifically requires Senate and House of Representatives

confirmation of an appointment by the Governor or by other appointing authority,

the appointment shall be handled in the following manner:

(a) All names of persons nominated when the General Assembly is not in session

shall be submitted for confirmation no later than the next regular session of

the General Assembly. The Governor who makes the appointment, or other

appointing authority, shall deliver the name of the nominee to the clerk of the

House of Representatives no later than the fifteenth legislative day of the next

regular session of the General Assembly. The Governor may submit a

nominee for confirmation at any special session that occurs between the date

of initial appointment and the next regular session of the General Assembly. If

the Governor desires to submit the name of a nominee for confirmation at a

special session of the General Assembly, he shall place confirmation of the

nominee on the call for special session.

(b) All names of persons nominated to positions during a regular session of the

General Assembly shall be submitted for confirmation at that regular session.

The Governor who makes the appointment, or other appointing authority,

shall submit the name of the nominee to the clerk of the House of

Representatives not more than three (3) legislative days after making the

appointment, unless the appointment is made during the last fifteen (15)

legislative days, in which case the nominee's name and information shall be

submitted not more than one (1) legislative day later.

(c) For each nominee, the Governor who makes the appointment, or other

appointing authority, shall deliver to the clerk of the House of Representatives

a letter of appointment. The letter of appointment shall be accompanied by a

resume which contains at least the following information:

1. Complete employment history of the nominee;

2. Complete educational background of the nominee; and

3. Current and past employment by or financial relationships with the

Commonwealth of Kentucky or any of its political subdivisions held by

the nominee and any member of the nominee's immediate family.

(d) When a statute requires an interim legislative committee to hold a public

hearing on a particular appointment, the Governor who makes the

appointment, or other appointing authority, shall deliver the letter of

appointment and resume for each nominee to the Legislative Research

Commission within seven (7) days after making the appointment.

(e) The Legislative Research Commission may utilize the services of its staff or

other appropriate persons or organizations to investigate the background of

nominees and to verify the information provided. The Department of

Kentucky State Police shall conduct and provide a criminal record history on

a nominee if requested by the Legislative Research Commission.

(f) The confirmation shall originate in the House of Representatives. If the House

of Representatives does not confirm an appointment, the Senate shall not

consider the appointment.

(g) When both the Senate and the House of Representatives have confirmed an

appointment, the Senate shall notify the House of Representatives of the final

approval. The clerk of the House shall then notify the Governor, or other

appointing authority, and the appointee in writing of the General Assembly's

action.

(h) During periods when the General Assembly is not in session, the Governor's

or other appointing authority's power of appointment shall not be diminished,

and nominees may assume the responsibilities of the position pending

confirmation. During that period, they shall be considered for all purposes to

have been appointed and to be lawful occupants of the post to which they

have been nominated, except that they shall be subject to the confirmation

process when the General Assembly is next in regular session or special

session called for the purpose of confirming the nominees.

(i) If the Governor who makes the appointment, or other appointing authority,

fails to submit the name of the nominee or if the House of Representatives or

the Senate declines to consider a nominee, the position shall become vacant as

of sine die adjournment of the regular session of the General Assembly at

which the appointment was to be confirmed. If the House of Representatives

or the Senate declines to confirm the nominee, the position shall become

vacant upon the date that a chamber of the General Assembly first declined to

confirm.

(j) Any person not confirmed by the House of Representatives or the Senate shall

not be reappointed by the Governor, or other appointing authority, to the same

position for which confirmation is required for a period of two (2) years from

the date that a chamber of the General Assembly first declined to confirm the

nomination, or the date of sine die adjournment if the House of

Representatives or the Senate declined to consider the nomination.