FrankGoortani/open-us-law huggingface dataset:
KRS § 322.070 — KY Code / Title XXVI / Chapter 322 / Section 322.070
322.070 Application for licenses
Status: in_force

322.070 Application for licenses.

Applications for professional engineer or professional land surveyor licenses shall be on

forms prescribed and furnished by the board and shall contain:

(1) Statements made under oath, showing the applicant's education and a detailed

summary of the applicant's technical experience;

(2) Not less than five (5) references, of which at least three (3) shall be from

professional engineers or professional land surveyors, as may be appropriate, having

personal knowledge of the applicant's engineering or land surveying experience; and

(3) Any other information as the board may require by administrative regulation.

References and employment verifications submitted under this section shall remain

confidential records of the board.
KRS § 161.370 — KY Code / Title XIII / Chapter 161 / Section 161.370
161.370 Treasurer, auditor, and legal adviser of board -- Annual audit of Teachers' Retirement System
Status: in_force

161.370 Treasurer, auditor, and legal adviser of board -- Annual audit of Teachers'

Retirement System.

(1) The State Treasurer, the Auditor of Public Accounts, and the Attorney General shall

be treasurer, auditor, and legal adviser, respectively, of the board of trustees, and

shall be liable upon their official bonds for the faithful performance of such duties.

They shall serve without compensation except as provided by subsection (2)(b) of

this section. When the board of trustees deems it for the best interests of the

retirement system, it may employ attorneys and pay reasonable fees for the services

rendered.

(2) (a) The board shall annually procure an audit of the Teachers' Retirement System.

The audit shall be conducted in accordance with generally accepted auditing

standards. Except as provided by paragraph (b) of this subsection, the board

may select an independent certified public accountant to perform the audit and

pay reasonable fees for the services rendered. If the audit is performed by an

independent certified public accountant, the Auditor of Public Accounts shall

not be required to perform an audit pursuant to KRS 43.050(2)(a), but may

perform an audit at his discretion.

(b) At least once every five (5) years, the Auditor of Public Accounts shall

perform the audit described by this subsection, and the system shall reimburse

the Auditor of Public Accounts for all costs of the audit. The Auditor of

Public Accounts shall determine which fiscal year during the five (5) year

period the audit prescribed by this paragraph will be completed.

(3) The board shall make copies of the audit required by this section available for

examination by any active contributing member or annuitant in the office of the

executive secretary of the Teachers' Retirement System and in such other places as

may be necessary to make the audit available to all active contributing members and

annuitants. A copy of the annual audit shall be sent to the Legislative Research

Commission no later than ten (10) days after receipt by the board.
KRS § 17.151 — KY Code / Title III / Chapter 17 / Section 17.151
17.151 Centralized criminal history record information system to be developed by Department of Kentucky State Police, in cooperation with specified state agencies -- Contents -- Access -- Identification numbers
Status: in_force

17.151 Centralized criminal history record information system to be developed by

Department of Kentucky State Police, in cooperation with specified state

agencies -- Contents -- Access -- Identification numbers.

(1) The Department of Kentucky State Police shall, in cooperation with the

Administrative Office of the Courts, the Department of Juvenile Justice, the Cabinet

for Health and Family Services, and the Department of Corrections, be responsible

for the recording of those data elements that are needed for development of the

centralized criminal history record information system.

(2) The database shall at a minimum contain the information required in KRS 27A.310

to 27A.440.

(3) The Department of Kentucky State Police shall provide access to the Administrative

Office of the Courts, the Department of Juvenile Justice, the Cabinet for Health and

Family Services, and the Department of Corrections to its database.

(4) The Department of Kentucky State Police, the Department of Juvenile Justice, the

Cabinet for Health and Family Services, and the Department of Corrections shall

assign the same identification number or other variable to each person whose name

appears in the database.
KRS § 311.7707 — KY Code / Title XXVI / Chapter 311 / Section 311.7707
311.7707 Written document regarding purpose of abortion -- Retention of records
Status: in_force

311.7707 Written document regarding purpose of abortion -- Retention of

records.

(1) The provisions of this section are independent of the requirements of KRS

311.7704, 311.7705, and 311.7706.

(2) A person who performs or induces an abortion on a pregnant woman shall:

(a) If the reason for the abortion purported is to preserve the health of the

pregnant woman, specify in a written document the medical condition that

the abortion is asserted to address and the medical rationale for the

person's conclusion that the abortion is necessary to address that

condition; or

(b) If the reason for the abortion is other than to preserve the health of the

pregnant woman, specify in a written document that maternal health is not

the purpose of the abortion.

(3) The person who specifies the information in the document described in

subsection (2) of this section shall place the document in the pregnant

woman's medical records. The person who specifies the information shall

maintain a copy of the document in the person's own records for at least seven

(7) years from the date the document is created.
KRS § 216B.155 — KY Code / Title XVIII / Chapter 216B / Section 216B.155
216B.155 Development of quality assurance standards for health care facilities
Status: in_force

216B.155 Development of quality assurance standards for health care facilities.

(1) All health care facilities and services licensed under this chapter, with the exception

of personal care homes, family care homes, and boarding homes, shall develop

comprehensive quality assurance or improvement standards adequate to identify,

evaluate, and remedy problems related to the quality of health care facilities and

services. These standards shall be made available upon request to the public during

regular business hours and shall include:

(a) An ongoing written internal quality assurance or improvement program;

(b) Specific, written guidelines for quality care studies and monitoring;

(c) Performance and clinical outcomes-based criteria;

(d) Procedures for remedial action to correct quality problems, including written

procedures for taking appropriate corrective action;

(e) A plan for data gathering and assessment;

(f) A peer review process; and

(g) A summary of process outcomes and follow-up actions related to the overall

quality improvement program for the health care facility or service.

Current federal or state regulations which address quality assurance and quality

improvement requirements for nursing facilities, intermediate care facilities, and

skilled care facilities shall suffice for compliance with the standards in this section.

(2) All health care facilities licensed, with the exception of personal care homes, family

care homes, and boarding homes, under this chapter, shall use the application form

and guidelines established pursuant to KRS 304.17A-545(5) for assessing the

credentials of those applying for privileges.
KRS § 324.030 — KY Code / Title XXVI / Chapter 324 / Section 324.030
324.030 Exceptions to KRS 324.020
Status: in_force

324.030 Exceptions to KRS 324.020.

KRS 324.020(1) and (2) shall not apply to:

(1) Any person who as owner or lessor performs any of the acts defined in KRS

324.010 with reference to property owned or leased by him or to his regular

employees, with respect to the property so owned or leased, if the acts are

performed in the regular course of, or as an incident to, the management of the

property and the investment in it;

(2) Any person acting as attorney in fact under a duly executed power of attorney from

the owner authorizing the final consummation by performance of any contract for

the sale, leasing, or exchange of real estate;

(3) Any attorney-at-law who is performing his duties as attorney-at-law;

(4) Any receiver, trustee in bankruptcy, administrator, or executor, person selling real

estate under order of any court, or a trustee acting under a trust agreement, deed of

trust, or will or the regular salaried employees thereof;

(5) A person engaged in property management, if the person:

(a) Is a regular employee of the owner or principal broker of the company

engaged in property management; or

(b) Receives as his primary compensation the use of a rental unit; or

(6) A nonlicensed person under the supervision of a licensed real estate broker who

contacts the public for the purpose of setting an appointment for the broker to meet

with them regarding buying or selling property and giving out general public

information specifically authorized by the broker.
KRS § 35.730 — KY Code / Title V / Chapter 35 / Section 35.730
35.730 General article
Status: in_force

35.730 General article.

Though not specifically mentioned in this code, all disorders and neglects to the prejudice

of good order and discipline in the state military forces and all conduct of a nature to

bring discredit upon the state military forces shall be taken cognizance of by a court-

martial and punished at the discretion of a military court. However, where a crime

constitutes an offense that violates both this code and the criminal laws of the state where

the offense occurs or criminal laws of the United States, jurisdiction of the military court

must be determined in accordance with KRS 35.015(2).
KRS § 76.271 — KY Code / Title IX / Chapter 76 / Section 76.271
76.271 Winding up of construction subdistrict affairs, when, effect
Status: in_force

76.271 Winding up of construction subdistrict affairs, when, effect.

The district shall wind up the affairs of a construction subdistrict and incorporate it into

the district area only when:

(1) The board finds that such action would best serve the policy of KRS 76.010 to

76.295.

(2) There are not outstanding any bonds issued pursuant to subsection (2) of KRS

76.272 if the proceeds of such bond issue have been used, are being used, or will be

used to construct trunk, main, or intercepting sewers which, directly or indirectly,

connect the construction subdistrict to either the district facilities or to a treatment

plant, disposal plant, or outlet sewer also serving, directly or indirectly, another

construction subdistrict.

(3) The construction subdistrict is not within a sanitation tax district organized under

KRS 76.274.

(4) The construction subdistrict has no outstanding obligations.

(5) The construction subdistrict has paid for its equitably allocable share of the capital

costs of, and is connected to, directly or indirectly either

(a) The district facilities, or

(b) A treatment plant, disposal plant, or outfall sewer and any trunk, main, or

intercepting sewers built to connect at least two (2) construction subdistricts to

such treatment or disposal plant, or outfall sewer.

(6) The provisions of this section shall not apply in cases involving annexation by a city

of the first class pursuant to KRS 81.300 to 81.360.
KRS § 341.375 — KY Code / Title XXVII / Chapter 341 / Section 341.375
341.375 Notification by employer to secretary when worker declines suitable work -- Online notification portal
Status: in_force

341.375 Notification by employer to secretary when worker declines suitable work

-- Online notification portal.

(1) An employer may notify the secretary in writing or electronically of each worker

who has declined to accept suitable work when offered or has failed to attend a first

interview for suitable work, whether held in-person, virtually, or by phone. The

notice shall contain:

(a) A statement that identifies a person or persons with knowledge of the

information;

(b) The name and contact information of the person or persons with knowledge of

the information; and

(c) Specific and detailed information regarding the decline of an offer of suitable

work or the failure to attend a first interview regarding suitable work that may

potentially disqualify the worker from receiving benefits.

(2) The information contained in the notice shall be considered, but not solely relied

on, when making a determination of eligibility for benefits. The secretary shall

consider the suitability of work in making an eligibility determination pursuant to

KRS 341.100.

(3) The secretary shall provide a portal in which the notice in subsection (1) of this

section can be made online.
KRS § 353.991 — KY Code / Title XXVIII / Chapter 353 / Section 353.991
353.991 Penalties for violation of KRS 353.500 to 353.720 and 353.735 to 353.747
Status: in_force

353.991 Penalties for violation of KRS 353.500 to 353.720 and 353.735 to 353.747.

(1) Any person who violates KRS 353.570(1) shall be subject to a civil penalty

assessed by the cabinet of not more than one thousand dollars ($1,000), and the

department may require the proper plugging of the well. The civil penalty order may

be appealed pursuant to KRS 353.700 within thirty (30) days of assessment. Any

person who knowingly and willfully violates KRS 353.570(1) shall upon conviction

be guilty of a Class A misdemeanor and subject to a fine of not more than one

thousand dollars ($1,000) or imprisonment for a term not exceeding one hundred

and eighty (180) days, or both.

(2) Any person who continues to violate any provision of KRS 353.500 to 353.720 or

353.735 to 353.747, or any regulation or order promulgated or issued under KRS

353.500 to 353.720 or 353.735 to 353.747, after being notified in writing of the

violation by the department shall upon conviction be guilty of a Class A

misdemeanor and be subject to a fine of not more than one thousand dollars

($1,000) or imprisonment for a term not exceeding one hundred and eighty (180)

days, or both.

(3) Any person who does any of the following for the purpose of evading or violating

KRS 353.500 to 353.720 or 353.735 to 353.747, or any regulation or order

promulgated or issued under KRS 353.500 to 353.720 or 353.735 to 353.747, shall

upon conviction be guilty of a Class A misdemeanor and be subject to a fine of not

more than one thousand dollars ($1,000) or imprisonment for a term not exceeding

one hundred and eighty (180) days, or both:

(a) Makes or causes to be made a false entry or statement in a report, record,

account or memorandum, required by KRS 353.500 to 353.720 or 353.735 to

353.747, or by any regulation or order;

(b) Omits or causes to be omitted from a report, record, account or memorandum

full, true, and correct entries and information as required by KRS 353.500 to

353.720 or 353.735 to 353.747, or by any regulation or order;

(c) Removes from this Commonwealth or destroys, mutilates, alters or falsifies a

report, record, account or memorandum required by KRS 353.500 to 353.720

or 353.735 to 353.747, or by any regulation or order.

(4) Any person who knowingly aids or abets any other person in the violation of any

provision of KRS 353.500 to 353.720 or 353.735 to 353.747, or any regulation or

order promulgated or issued under KRS 353.500 to 353.720 or 353.735 to 353.747,

shall be subject to the same penalty as that prescribed in this section for the

violation by the other person.

(5) All civil penalties recovered under this section shall be deposited into the oil and

gas well plugging fund established in KRS 353.590(27) and shall be for the

plugging of any abandoned wells coming within the authority of the department

pursuant to this chapter.
KRS § 367.46963 — KY Code / Title XXIX / Chapter 367 / Section 367.46963
367.46963 Requirements to be met before accepting payment from or charging consumer
Status: in_force

367.46963 Requirements to be met before accepting payment from or charging

consumer.

No caller or merchant making or causing to be made a telephone solicitation shall request

or accept payment from a consumer or make or submit any charge to the consumer's

credit or bank account until either:

(1) The merchant receives from the consumer a signed copy of a written contract

complying with KRS 367.46961(4); or

(2) The cancellation period provided in KRS 367.46961(1) has expired, and the

consumer has not exercised his right to cancel.
KRS § 194A.703 — KY Code / Title XVII / Chapter 194A / Section 194A.703
194A.703 Requirements for living units
Status: in_force

194A.703 Requirements for living units.

(1) Each living unit in an assisted living community shall:

(a) Be at least two hundred (200) square feet for single occupancy, or for double

occupancy if the room is shared with a spouse or another individual by mutual

agreement;

(b) Include at least one (1) unfurnished room, a lockable entry door unless in a

secured dementia care unit, a private bathroom with a tub or shower,

provisions for emergency response, a window to the outdoors, and a telephone

jack;

(c) Unless living units are in a secured dementia care unit, have an individual

thermostat control if the assisted living community has more than twenty (20)

units; and

(d) Have temperatures that are not under a resident's direct control at a minimum

of seventy-one (71) degrees Fahrenheit in winter conditions and a maximum

of eighty-one (81) degrees Fahrenheit in summer conditions if the assisted

living community has twenty (20) or fewer units, or the living units are in a

secured dementia care unit.

(2) Each resident shall be provided access to central dining, a laundry facility, and a

central living room.

(3) Each assisted living community shall comply with applicable building and life

safety codes as determined by the building code or life safety code enforcement

authority with jurisdiction.
KRS § 133.110 — KY Code / Title XI / Chapter 133 / Section 133.110
133.110 Correction of clerical errors in assessment
Status: in_force

133.110 Correction of clerical errors in assessment.

(1) After submission of the final real property recapitulation or certification of the

personal property assessment, the property valuation administrator may correct

clerical, mathematical, or procedural errors in an assessment or any duplication of

assessment. Changes in assessed value based on appraisal methodology or opinion

of value shall not be valid. All corrections shall be reviewed by the Department of

Revenue and those changes determined by the department to be invalid shall be

rescinded. Any taxpayer affected by this rescission shall not be subject to additional

penalties.

(2) Notwithstanding other statutory provisions, for property subject to a tax rate that is

set each year based on the certified assessment, any loss of property tax revenue

incurred by a taxing district due to corrections made after the tax rate has been set

may be recovered by making an adjustment in the tax rate to be set for the next tax

year.
KRS § 311.1931 — KY Code / Title XXVI / Chapter 311 / Section 311.1931
311.1931 Search and notification
Status: in_force

311.1931 Search and notification.

(1) The following persons shall make a reasonable search of an individual who the

person reasonably believes is dead or near death for a document of gift or other

information identifying the individual as a donor or as an individual who made a

refusal:

(a) A law enforcement officer, firefighter, paramedic, or other emergency rescuer

finding the individual; and

(b) If no other source of the information is immediately available, a hospital, as

soon as practical after the individual's arrival at the hospital.

(2) If a document of gift or a refusal to make an anatomical gift is located by the search

required by subsection (1)(a) of this section, and the individual or deceased

individual to whom it relates is taken to a hospital, the person responsible for

conducting the search shall send the document of gift or refusal to the hospital.

(3) A person is not subject to criminal or civil liability for failing to discharge the duties

imposed by this section but may be subject to administrative sanctions.
KRS § 383.585 — KY Code / Title XXXII / Chapter 383 / Section 383.585
383.585 Disclosure
Status: in_force

383.585 Disclosure.

(1) A landlord or any person authorized to enter into a rental agreement on his behalf

shall disclose to the tenant in writing at or before the commencement of the tenancy

the name and address of:

(a) The person authorized to manage the premises; and

(b) An owner of the premises or a person authorized to act for and on behalf of

the owner for the purpose of service of process and receiving and receipting

for notices and demands.

(2) The information required to be furnished by this section shall be kept current and

this section extends to and is enforceable against any successor landlord, owner, or

manager.

(3) A person who fails to comply with subsection (1) becomes an agent of each person

who is a landlord for:

(a) Service of process and receiving and receipting for notices and demands; and

(b) Performing the obligations of the landlord under KRS 383.505 to 383.715 and

under the rental agreement and expending or making available for the purpose

all rent collected from the premises.
KRS § 434.700 — KY Code / Title XL / Chapter 434 / Section 434.700
434.700 Prosecutions
Status: in_force

434.700 Prosecutions.

In any prosecution for violation of KRS 434.550 to 434.730, the Commonwealth is not

required to establish and it is no defense that:

(1) A person other than the defendant who violated KRS 434.550 to 434.730 has not

been convicted, apprehended, or identified; or

(2) Some of the acts constituting the crime did not occur in Kentucky or were not a

crime or elements of a crime where they did occur.
KRS § 45A.480 — KY Code / Title VI / Chapter 45A / Section 45A.480
45A.480 Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty
Status: in_force

45A.480 Compliance with workers' compensation insurance and unemployment

insurance laws required -- Foreign entity to obtain certificate of authority --

Penalty.

(1) (a) No state contract for building, construction, reconstruction, renovation,

demolition, or maintenance, or for any activity related to building,

construction, reconstruction, renovation, demolition, or maintenance shall be

awarded by any agency, department, or office of the Commonwealth of

Kentucky or any political subdivision of the Commonwealth of Kentucky to

any person until that person assures, by affidavit, that all contractors and

subcontractors employed, or that will be employed, under the provisions of the

contract shall be in compliance with Kentucky requirements for workers'

compensation insurance according to KRS Chapter 342 and unemployment

insurance according to KRS Chapter 341.

(b) An agency, department, office, or political subdivision of the Commonwealth

of Kentucky shall not award a state contract to a person that is a foreign entity

unless that foreign entity, on the records of the Secretary of State, holds a

certificate of authority or a statement of foreign qualification.

(2) Any person who fails to comply with the requirements of subsection (1) of this

section during the term of the state contract, upon such finding by a court of

competent jurisdiction, shall be fined an amount not to exceed four thousand dollars

($4,000), or an amount equal to the sum of uninsured and unsatisfied claims

brought under the provisions of KRS Chapter 342 and unemployment insurance

claims for which no wages were reported as required by KRS Chapter 341,

whichever is greater.

(3) The penalty imposed in subsection (2) of this section shall be enforced by the

county attorney for the county in which the violation occurred.