FrankGoortani/open-us-law huggingface dataset:
KRS § 342.285 — KY Code / Title XXVII / Chapter 342 / Section 342.285
342.285 Appeal to Workers' Compensation Board -- Remanding claim to administrative law judge
Status: in_force

342.285 Appeal to Workers' Compensation Board -- Remanding claim to

administrative law judge.

(1) An award or order of the administrative law judge as provided in KRS 342.275, if

petition for reconsideration is not filed as provided for in KRS 342.281, shall be

conclusive and binding as to all questions of fact, but either party may in

accordance with administrative regulations promulgated by the commissioner

appeal to the Workers' Compensation Board for the review of the order or award.

(2) No new or additional evidence may be introduced before the board except as to the

fraud or misconduct of some person engaged in the administration of this chapter

and affecting the order, ruling, or award, but the board shall otherwise hear the

appeal upon the record as certified by the administrative law judge and shall dispose

of the appeal in summary manner. The board shall not substitute its judgment for

that of the administrative law judge as to the weight of evidence on questions of

fact, its review being limited to determining whether or not:

(a) The administrative law judge acted without or in excess of his powers;

(b) The order, decision, or award was procured by fraud;

(c) The order, decision, or award is not in conformity to the provisions of this

chapter;

(d) The order, decision, or award is clearly erroneous on the basis of the reliable,

probative, and material evidence contained in the whole record; or

(e) The order, decision, or award is arbitrary or capricious or characterized by

abuse of discretion or clearly unwarranted exercise of discretion.

(3) Within sixty (60) days following the date on which the last appellate brief was filed,

the board shall enter its decision affirming, modifying, or setting aside the order,

decision, or award, or in its discretion remanding the claim to the administrative law

judge for further proceedings in conformity with the direction of the board. The

board may, before decision and upon a sufficient showing of fact, remand the claim

to the administrative law judge.
KRS § 164.390 — KY Code / Title XIII / Chapter 164 / Section 164.390
164.390 Interest in contracts prohibited
Status: in_force

164.390 Interest in contracts prohibited.

Unless specifically approved by the governing board of an institution under the provisions

of KRS 164.367, no president, professor, teacher, member of the executive council, or

other officer or employee shall be interested in any contract or purchase for the building

or repairing of any structure or furnishing of any supplies for the use of a university or

college.
KRS § 241.040 — KY Code / Title XX / Chapter 241 / Section 241.040
241.040 Oath of board members
Status: in_force

241.040 Oath of board members.

Each member of the board, before entering upon his duties, shall take the oath prescribed

by Section 228 of the Constitution.
KRS § 342.447 — KY Code / Title XXVII / Chapter 342 / Section 342.447
342.447 Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliance
Status: in_force

342.447 Insurance companies' payments of amounts collected for taxes and

assessments of Kentucky Reinsurance Association or Department of Revenue

mandatory -- Audits to ensure compliance.

(1) All funds collected by insurance companies from their insureds, prior to October 26,

1987, for assessments of the Kentucky Reinsurance Association or special fund

taxes and assessments of the Kentucky Department of Revenue not previously paid,

shall be paid in full by January 1, 1988, to the Kentucky Workers' Compensation

Funding Commission.

(2) To ensure compliance with the provisions of subsection (1) of this section, the

Department of Revenue shall conduct audits of insurance companies. The costs of

such audits shall be borne by the Kentucky Workers' Compensation Funding

Commission. The Department of Revenue may enter an agreement with the

Department of Insurance for assistance in conducting such audits or it may hire

additional auditors on a temporary basis. The audits shall commence within sixty

(60) days from October 26, 1987, and shall be completed within six (6) months. The

aggregate findings of such audits shall be presented to the commissioner of revenue,

the commissioner of insurance, the Kentucky Workers' Compensation Funding

Commission, and the Governor.

(3) If the audits reveal noncompliance with subsection (1) of this section, the

Department of Revenue shall notify the affected party of such fact. The affected

party shall remit the amount in question not later than thirty (30) days following

notification and the Department of Revenue shall institute a civil action in Franklin

Circuit Court if remittance is not made within such thirty (30) day period.

(4) The failure of an insurance company to comply with the provisions of this section

shall constitute grounds for the revocation by the commissioner of insurance of such

entity's authority to write workers' compensation coverage in the Commonwealth.

(5) The Department of Revenue shall report to the commissioner of insurance the

failure of any insurance company to comply with the provisions of this section and

the commissioner of insurance shall institute revocation procedures of such entity's

authority to write workers' compensation coverage in the Commonwealth.

(6) "Funds collected" as used in subsection (1) of this section shall mean all funds

collected without reduction for credits, refund, or returns of any type made to

insureds or group members after September 1, 1987.
KRS § 176.247 — KY Code / Title XV / Chapter 176 / Section 176.247
176.247 Local matching funds requirement -- Amounts required
Status: in_force

176.247 Local matching funds requirement -- Amounts required.

(1) The cabinet shall use the county population ranking produced every two (2) years

by the Cabinet for Economic Development to determine the amount of local

matching funds required for grants awarded from the LARP.

(2) The required local match for a project receiving funds from the LARP for projects

awarded in the next regular session of the General Assembly shall be as follows:

(a) Eligible projects in counties where the county population ranking is equal to

or greater than one hundred ninety-three (193) shall provide local matching

funds equal to ten percent (10%) of the project cost;

(b) Eligible projects in counties where the county population ranking is less than

one hundred ninety-three (193) but equal to or greater than one hundred forty-

five (145) shall provide local matching funds equal to twelve and one-half

percent (12.5%) of the project cost;

(c) Eligible projects in counties where the county population ranking is less than

one hundred forty-five (145) but equal to or greater than ninety-seven (97)

shall provide local matching funds equal to fifteen percent (15%) of the

project cost;

(d) Eligible projects in counties where the county population ranking is less than

ninety-seven (97) but equal to or greater than forty-nine (49) shall provide

local matching funds equal to seventeen and one-half percent (17.5%) of the

project cost; and

(e) Eligible projects in counties where the county population ranking is less than

forty-nine (49) shall provide local matching funds equal to twenty percent

(20%) of the project cost.

(3) A city or county may use funds received under KRS 177.320(2) and 177.365 to

provide local matching funds for projects in the LARP.
KRS § 45A.740 — KY Code / Title VI / Chapter 45A / Section 45A.740
45A.740 Procedures for proposed project requiring architectural or engineering services
Status: in_force

45A.740 Procedures for proposed project requiring architectural or engineering

services.

(1) When a project requiring architectural or engineering services is proposed by a local

public agency, except as provided by subsections (2) and (3) of this section, the

agency shall:

(a) Transmit a notice requesting a statement of interest in the proposed project

from all firms that have a current qualifications statement on file;

(b) Give adequate public notice of the proposed project, which may include

posting on the Internet or newspaper advertisement, requesting firms to

submit qualification statements and statements of interest in the proposed

project; or

(c) Contact an appropriate professional organization for a list of firms capable of

providing the necessary services.

(2) If the regulations of a federal department or agency require a procurement process

that is different from the process in KRS 45A.730 to 45A.750 in order that financial

aid can be granted, then the local government agency may exempt itself from the

provisions of KRS 45A.730 to 45A.750.

(3) When a local public agency has formed a working relationship with one (1) or more

firms based on work previously contracted between them, then the local public

agency may enter directly into negotiations according to KRS 45A.750. If no

contract is successfully negotiated, then the local public agency shall comply with

this section, KRS 45A.745, and KRS 45A.750.
KRS § 244.195 — KY Code / Title XX / Chapter 244 / Section 244.195
244.195 Title to contraband seized in dry territory to be vested in appropriate court -- Destruction of contraband upon conviction of defendant
Status: in_force

244.195 Title to contraband seized in dry territory to be vested in appropriate

court -- Destruction of contraband upon conviction of defendant.

(1) Title to seized contraband included in KRS 244.180(1), (2), (3), and (4) shall be

vested in the appropriate court within whose jurisdiction the seizure occurred,

irrespective of whether the contraband was seized by peace officers of the city

or county or state administrators or investigators of the department,

notwithstanding the provisions of KRS 242.380.

(2) The court shall order the sheriff for the county in which the contraband included

in subsection (1) of this section was seized to destroy the contraband, except

firearms or ammunition, upon conviction of the defendant.

(3) Contraband firearms and ammunition shall be transferred to the Department of

Kentucky State Police for disposition as provided in KRS 500.090.
KRS § 45A.803 — KY Code / Title VI / Chapter 45A / Section 45A.803
45A.803 Engineering or related services for federal highway project
Status: in_force

45A.803 Engineering or related services for federal highway project.

When the Transportation Cabinet provides engineering or related services for a federal

highway project pursuant to 23 U.S.C. sec. 112(b)(2), the Transportation Cabinet shall

follow the process established in KRS 45A.800 to 45A.835 as the only alternative to the

process established in federal law.
KRS § 95.766 — KY Code / Title IX / Chapter 95 / Section 95.766
95.766 Action in Circuit Court
Status: in_force

95.766 Action in Circuit Court.

(1) Any member of the police or fire departments who shall be found guilty by the

legislative body of any charge as hereinbefore provided, may bring an action in the

Circuit Court of the county in which said city may be located to contest the action of

that body.

(2) Upon the request of the party accused, the clerk of said body shall file a certified

copy of the charges made and the judgment or the findings of the said body in the

Circuit Court; which transcript having been filed, the cause shall be docketed in the

Circuit Court and tried as an original action by the judge of said court. Should the

clerk of said body fail to certify and transmit the transcript aforesaid to the Circuit

Court within five (5) days after the request is made for same, then the party

aggrieved may file an affidavit in the said Circuit Court, setting out as fully as

possible the charges made, the time of trial by said court and the judgment of said

body, together with the statements of the facts that the demand for transcript had

been made upon the clerk of said body more than five (5) days before the filing of

said affidavit. Upon the filing of said affidavit in the Circuit Court, said cause shall

be docketed in said court and the Circuit Court is hereby authorized to compel the

filing of said transcript by said clerk by entering the proper mandatory orders, and

by fine and imprisonment, as in cases of contempt. Such action shall have

precedence over other business and be taken up and determined speedily.
KRS § 440.410 — KY Code / Title XL / Chapter 440 / Section 440.410
440.410 Construction against waiver of any of this state's rights
Status: in_force

440.410 Construction against waiver of any of this state's rights.

Nothing contained in KRS 440.150 to 440.420 shall be deemed to constitute a waiver by

this state of its right, power, or privilege to try such demanded person for crime

committed within this state, or of its right, power, or privilege to regain custody of such

person by extradition proceedings or otherwise for the purpose of trial, sentence, or

punishment for any crime committed within this state, nor shall any proceedings had

under KRS 440.150 to 440.420 which result in, or fail to result in, extradition be deemed

a waiver by this state of any of its rights, privileges, or jurisdiction in any way

whatsoever.
KRS § 260.017 — KY Code / Title XXI / Chapter 260 / Section 260.017
260.017 Kentucky Proud Program -- Logo or statement labeling -- Licensing -- Penalty
Status: in_force

260.017 Kentucky Proud™ Program -- Logo or statement labeling -- Licensing --

Penalty.

(1) The Commissioner shall establish a Kentucky Proud™ Program to promote the sale

of agricultural products and, if funds are available, shall develop a logo or labeling

statement for use in identifying Kentucky-grown agricultural products that qualify

for the program. The Commissioner may develop labeling statements that apply to

specific marketing or promotional needs.

(2) The logo or labeling statement shall not be used without a license from the

Commissioner, except that wholesalers and retailers may use the logo or labeling

statement for displaying and advertising products that qualify for the Kentucky

Proud™ Program. The Commissioner may deny the use of the logo or labeling

statements if they are used in a manner that does not meet the criteria of the

program.

(3) The logo or labeling statement shall not supersede or replace any federal or state

label or grade statement that is required by law.

(4) A person shall not use the logo or labeling statement without an annual license from

the Commissioner.

(5) In order to accomplish the purposes of this section, the Commissioner may

participate jointly with persons in appropriate logo programs and projects and may

enter into contracts necessary to carry out those programs and projects.

(6) If funds are available, the Department of Agriculture may provide grants-in-aid and

other assistance to those persons who wish to participate in the Kentucky Proud™

Program.

(7) The Commissioner may promulgate administrative regulations necessary to carry

out the provisions of KRS 260.016 to 260.019, and may establish a fee schedule for

persons who process, manufacture, or distribute eligible agricultural products in

Kentucky. Those persons may be required to pay a fee into the fund created by KRS

260.019 in order to participate in the Kentucky Proud™ Program.

(8) It shall be the duty of the department, or upon the request of the Commissioner of

Agriculture, of the Attorney General, to bring an action for the recovery of the

penalties provided in this section, and to bring an action for an injunction against

any person violating or threatening to violate any of the provisions of KRS 260.016

to 260.019 or the administrative regulations promulgated in accordance with KRS

260.016 to 260.019.

(9) A person who is required to have a license to participate in the Kentucky Proud™

Program and uses the logo or labeling statement without a license after being

notified by the Commissioner that a license is required shall be liable to a civil

penalty not to exceed the sum of one hundred dollars ($100) for the violation, and

an additional civil penalty not to exceed one hundred dollars ($100) for each day

during which the violation continues. The penalties shall be recoverable in an action

brought in the name of the Commonwealth of Kentucky by the department or, upon

the department's request, by the Attorney General.
KRS § 376.100 — KY Code / Title XXXI / Chapter 376 / Section 376.100
376.100 Release of lien by execution of bond
Status: in_force

376.100 Release of lien by execution of bond.

The owner or claimant of property against which a lien has been asserted, or any

contractor or other person contracting with the owner or claimant of such property for the

furnishing of any improvements or services for which a lien is created by this chapter or

any subcontractor or other person in privity with the contractor, may, at any time before a

judgment is rendered enforcing the lien, execute before the county clerk in which the lien

was filed a bond for double the amount of the lien claimed with good sureties to be

approved by the clerk, conditioned upon the obligors satisfying any judgment that may be

rendered in favor of the person asserting the lien. The bond shall be preserved by the

clerk, and upon its execution the lien upon the property shall be discharged. The person

asserting the lien may make the obligors in the bond parties to any action to enforce his

claim, and any judgment recovered may be against all or any of the obligors on the bond.
KRS § 341.600 — KY Code / Title XXVII / Chapter 341 / Section 341.600
341.600 Continuation -- No vested right created
Status: in_force

341.600 Continuation -- No vested right created.

(1) The secretary, the cabinet, the commission, its personnel, or organization and funds

shall constitute a continuation of the analogous provisions of the previous

unemployment compensation laws of this state and the provisions of this chapter

shall be considered as substituted in a continuing way for the provisions of such

laws. Nothing in this chapter shall waive any payments required of any employer

under any such laws.

(2) No vested right shall exist against amendment or repeal of any part of this chapter.
KRS § 315.065 — KY Code / Title XXVI / Chapter 315 / Section 315.065
315.065 Continuing education requirements
Status: in_force

315.065 Continuing education requirements.

(1) Because of the continuous introduction of new therapeutic and diagnostic agents

and changing concepts in the practice of pharmacy, it is essential that a pharmacist

undertake a program of continuing education to maintain his professional

competency to practice in the public interest.

(2) No pharmacist's license shall be renewed until the license holder is able to submit

written proof to the board that he has satisfactorily completed, in the previous

renewal period, a continuing education program acceptable to the board. Such

continuing education requirements shall be determined by regulation of the board,

but they shall not require more than an average of one and one-half (1-1/2)

continuing education units (CEU) per year.

(3) The board shall adopt rules and regulations to carry out the provisions of this

section, to include guidelines and criteria for reviewing and approving continuing

education programs.
KRS § 262.600 — KY Code / Title XXI / Chapter 262 / Section 262.600
262.600 Districts may cooperate with one another
Status: in_force

262.600 Districts may cooperate with one another.

The boards of any two (2) or more districts may cooperate with one another in the

exercise of any or all powers conferred in this chapter.
KRS § 67.852 — KY Code / Title IX / Chapter 67 / Section 67.852
67.852 Continued effect of existing contracts, bonds, franchises, and other obligations after adoption of charter county government
Status: in_force

67.852 Continued effect of existing contracts, bonds, franchises, and other

obligations after adoption of charter county government.

(1) All contracts, bonds, franchises, and other obligations of a participating city and the

county in existence on the effective date of a charter county government, including

but not limited to collective bargaining agreements, shall continue in force and

effect as obligations of the charter county government for the term of those

contracts, bonds, franchises, and other obligations.

(2) The charter county government shall succeed to all rights and entitlements of these

contracts, bonds, franchises, and other obligations.

(3) All conflicts in the provisions of the contracts, bonds, franchises, and other

obligations shall be resolved in a manner that does not impair the rights of any of

the parties.

(4) Nothing in KRS 67.825 to 67.875 shall be construed to nullify a participating city's

petition pursuant to KRS 345.010 to be included under KRS Chapter 345 for

collective bargaining with firefighters. Nothing in KRS 67.825 to 67.875 shall be

construed to nullify any other legal obligations requiring the continuance of

collective bargaining with a county's or participating city's employees. To the extent

required by KRS Chapter 345 or any other legal obligation requiring the

continuance of collective bargaining, the charter county government shall continue

to bargain collectively with those employees who were covered under a contract

with the county or participating city at the time of the formation of the charter

county government.
KRS § 434.855 — KY Code / Title XL / Chapter 434 / Section 434.855
434.855 Misuse of computer information
Status: in_force

434.855 Misuse of computer information.

(1) A person is guilty of misuse of computer information when he or she:

(a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a

violation of KRS 434.845; or

(b) Receives, conceals, or uses or aids another in doing so, any books, records,

documents, property, financial instrument, computer software, computer

program, or other material, property, or objects, knowing the same to have

been used in or obtained from a violation of KRS 434.845.

(2) Misuse of computer information is a Class C felony.
KRS § 139.570 — KY Code / Title XI / Chapter 139 / Section 139.570
139.570 Reimbursement of seller's collection costs
Status: in_force

139.570 Reimbursement of seller's collection costs.

(1) (a) For reimbursement of the cost of collecting and remitting the tax, the seller

shall deduct on each return one and three-quarters percent (1.75%) of the first

one thousand dollars ($1,000) of tax due and one and one-half percent (1.5%)

of the tax due in excess of one thousand dollars ($1,000), provided the amount

due is not delinquent at the time of payment.

(b) The total reimbursement allowed for each seller in any reporting period shall

not exceed fifty dollars ($50).

(2) Notwithstanding subsection (1) of this section, the rate of compensation for taxes

collected or returns filed by certified service providers and other model sellers

participating in the agreement as defined in KRS 139.781 shall be determined

according to the terms of the agreement as provided in KRS 139.789(7).
KRS § 65.110 — KY Code / Title IX / Chapter 65 / Section 65.110
65.110 Public improvement assessment bills
Status: in_force

65.110 Public improvement assessment bills.

Any public improvement assessment bill issued by a city, county or urban-county

government shall indicate clearly the amount of the payment which is not being used for

reducing principal but rather for the payment of interest.