FrankGoortani/open-us-law huggingface dataset:
KRS § 338.091 — KY Code / Title XXVII / Chapter 338 / Section 338.091
338.091 Appeals -- Procedure -- Administrative regulations
Status: in_force

338.091 Appeals -- Procedure -- Administrative regulations.

(1) Any party adversely affected or aggrieved by a final order of the review

commission may appeal within thirty (30) days to the Franklin Circuit Court on the

record for a review of such order. No new evidence may be introduced in the

Circuit Court. An appeal may be taken to the Court of Appeals from any decision of

the Circuit Court under this section.

(2) On appeal, the Franklin Circuit Court may award actual expenses incurred,

including court costs and attorney's fees, against the department.

(3) The department shall promulgate administrative regulations in accordance with

KRS Chapter 13A to implement this section. The administrative regulations shall

comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.

(4) The commencement of a proceeding under this section shall operate as a stay of an

order of the review commission.
KRS § 367.815 — KY Code / Title XXIX / Chapter 367 / Section 367.815
367.815 Liability for false, misleading, or deceptive representations -- Bond or deposit to insure veracity of statements -- Maintenance of records
Status: in_force

367.815 Liability for false, misleading, or deceptive representations -- Bond or

deposit to insure veracity of statements -- Maintenance of records.

(1) Any person who offers a business opportunity and makes representations that are

false, misleading, or deceptive shall be liable to the consumer/investor of such

business opportunity in an amount equal to the sum of his actual damages or fifteen

hundred dollars ($1,500), whichever is greater, as well as the cost of the action

together with reasonable attorney's fees, as determined by the court.

(2) (a) All persons registering pursuant to KRS 367.805 shall either furnish a bond

by a surety company authorized to do business in the Commonwealth or

establish a full cash certificate of deposit with a licensed and insured bank or

savings institution located in the Commonwealth to insure the veracity of all

statements contained in the registration. The amount of the bond or certificate

of deposit shall be in an amount equal to the total amount of the initial

payments under all business opportunity agreements the offeror has entered

into in the Commonwealth during the previous year but in no case shall the

amount be less than seventy-five thousand dollars ($75,000). The bond or

certificate of deposit shall be in the favor of the Attorney General of

Kentucky.

(b) Any person who is damaged by any violation of KRS 367.801 to 367.819, or

by the offeror's breach of contract for the business opportunity sale, or of any

obligation arising therefrom may bring an action against the bond or

certificate of deposit to recover damages suffered, provided that the aggregate

liability of the surety or trustee shall be only for the actual damages and shall

not exceed the amount of the bond or trust account.

(3) A person who has furnished a bond described in subsection (2) of this section may

petition the office for release of the bond by submitting a verified statement that

such person has not offered business opportunities in the state for the last five (5)

years.

(4) Any offeror of a business opportunity who has offered or sold in this state shall

maintain a complete set of books, records, and accounts of its business opportunity

sales. The sale documents shall be maintained on each transaction for a period of

four (4) years after the date of agreement. The offeror shall make the books and

records available to the office upon demand at a location within the state.
KRS § 205.204 — KY Code / Title XVII / Chapter 205 / Section 205.204
205.204 Cabinet to administer Older Americans Act -- Regulatory authority
Status: in_force

205.204 Cabinet to administer Older Americans Act -- Regulatory authority.

(1) The Cabinet for Health and Family Services, unless otherwise directed by an

executive order of the Governor, is designated the agency of this state for the

purpose of administering the Older Americans Act of 1965, Pub. L. 89-73,

including all amendments thereto. In administering programs and allocating funds

under the Older Americans Act, the cabinet shall design programs and allocate

funds to meet the needs of the minority elderly as identified by the cabinet pursuant

to KRS 205.201.

(2) The secretary for health and family services may promulgate such administrative

regulations as are necessary to comply with any requirement imposed or required by

federal law.
KRS § 41.330 — KY Code / Title VI / Chapter 41 / Section 41.330
41.330 Delivery of office to successor -- Certification of accounts and inventory -- Certification by assistant treasurer in case of vacancy due to death or incapacitation of Treasurer
Status: in_force

41.330 Delivery of office to successor -- Certification of accounts and inventory --

Certification by assistant treasurer in case of vacancy due to death or

incapacitation of Treasurer.

(1) Upon the expiration of the term of office of the Treasurer, or if a vacancy occurs,

the outgoing Treasurer shall certify in writing that the accounts and inventory of the

Treasury, as recorded in the recordkeeping systems of the Commonwealth, are true,

complete, and accurate as of the close of business on the Treasurer's last day in

office. The certification shall include accounts and tangible property held by the

Treasury pursuant to KRS Chapters 393 and 393A. A copy of this certification shall

be provided to the following:

(a) The Auditor of Public Accounts;

(b) The Secretary of State; and

(c) The secretary of the Finance and Administration Cabinet.

(2) The money, books, supplies, and equipment shall be delivered to the newly elected

Treasurer or the person who fills the vacancy, and the newly elected Treasurer or

the person who fills the vacancy shall give a receipt for them which shall be filed

with the Secretary of State.

(3) In the event that a vacancy occurs due to the death or incapacitation of the

Treasurer, the certification set forth in subsection (1) of this section shall be

completed by the assistant in accordance with KRS 41.060.

(4) Nothing in this section shall be construed as limiting the right of the Auditor to

review the accounts and inventory of the Treasurer at other times as the Auditor

may deem necessary or appropriate, or as required by KRS 43.060.
KRS § 281A.080 — KY Code / Title XXIV / Chapter 281A / Section 281A.080
281A.080 Information required from applicant -- Driver not permitted to drive, when -- Employer restriction on operation of commercial vehicles
Status: in_force

281A.080 Information required from applicant -- Driver not permitted to drive,

when -- Employer restriction on operation of commercial vehicles.

(1) Each employer shall require the applicant to provide the information specified in

KRS 281A.070. He shall inform the applicant that the information provided may be

used or the applicant's previous employers may be contacted for the purpose of

investigating the applicant's work history.

(2) No employer shall knowingly allow, permit, or authorize a driver to drive a

commercial vehicle during any period in which the driver:

(a) Has had his commercial driver's license suspended, revoked, or canceled by

any state;

(b) Is currently disqualified from driving a commercial vehicle;

(c) Is subject to an out-of-service order in any state;

(d) Has more than one (1) driver's license;

(e) Does not currently hold a valid commercial driver's license; or

(f) Is in violation of any of the railroad crossing offenses or conduct set forth in

KRS 189.500, 189.560, or 189.565.
KRS § 175B.115 — KY Code / Title XV / Chapter 175B / Section 175B.115
175B.115 Project planning or work done prior to establishment of an authority
Status: in_force

175B.115 Project planning or work done prior to establishment of an authority.

For a project for which preliminary planning or other work has been undertaken prior to

the establishment of an authority, the authority shall follow all previous agreements,

records of decision, or contracts entered into by the Commonwealth, subject to any

modification necessary as a result of the implementation of this chapter.
KRS § 160.455 — KY Code / Title XIII / Chapter 160 / Section 160.455
160.455 Definition of tax-levying authority
Status: in_force

160.455 Definition of tax-levying authority.

As used in KRS 160.460 to 160.597, unless the context requires otherwise:

"Tax-levying authority" shall mean boards of education of county school districts

and independent school districts.
KRS § 148.650 — KY Code / Title XII / Chapter 148 / Section 148.650
148.650 Establishment and designation of trails
Status: in_force

148.650 Establishment and designation of trails.

(1) State scenic trails shall be established and designated by the department on lands

administered by the department and on lands under the jurisdiction of a state

department, political subdivision, or private lands providing:

(a) Such trails are not located in nor traverse any state-owned wildlife

management area; and

(b) Such trails meet the criteria established in KRS 148.610 to 148.780 and

supplementary criteria as may be prescribed by the department.

(2) The department may establish and designate state recreation trails on lands

administered by the department and on lands under the jurisdiction of a state

department, political subdivision, or private lands providing:

(a) Such trails are not located in nor traverse any state-owned wildlife

management area;

(b) Such trails are reasonably accessible to urban areas;

(c) Such trails meet the criteria established in KRS 148.610 to 148.780 and

supplementary criteria as may be prescribed by the department; and

(d) Fee simple, scenic easements, or other rights are obtained from private

landowners through which a state recreation trail may pass. The department

may establish and designate state recreation trails on lands under the

jurisdiction of a federal agency, when in the opinion of the federal agency and

the commissioner such lands may be so developed under the provisions of

federal law and the provisions of paragraphs (b) and (c) of this subsection.

(3) As provided in this section, trails within park, forest, recreation areas, state natural

areas, or any other public area excluding state-owned wildlife management areas

may be established and designated state recreation trails by the department.

(4) Connecting or side trails within park, forest, recreation areas, or natural areas may

be established, designated, and marked as components of a state recreation or state

scenic trail.
KRS § 411.045 — KY Code / Title XXXVI / Chapter 411 / Section 411.045
411.045 Defenses allowed in action for libel or slander
Status: in_force

411.045 Defenses allowed in action for libel or slander.

In the actions for libel or slander, the defendant may state the truth of the alleged libel or

slander, and any mitigating circumstances; and, whether he prove the justification or not,

he may prove the mitigating circumstances to reduce the amount of damages.
KRS § 209.500 — KY Code / Title XVII / Chapter 209 / Section 209.500
209.500 Kentucky Senior Games Program
Status: in_force

209.500 Kentucky Senior Games Program.

The Kentucky Senior Games Program is hereby created within the Department for Aging

and Independent Living of the Cabinet for Health and Family Services. The program shall

develop a year-round recreation, fitness, and health promotion program for Kentuckians

fifty-five (55) years of age or older which shall provide a network of local competition

and participation that culminates in a senior games state final.
KRS § 67.705 — KY Code / Title IX / Chapter 67 / Section 67.705
67.705 Qualifications -- Vacancy -- Salary -- Minimum annual compensation -- Exception -- Duties and salaries of judge/executive and magistrates or commissioners in county containing a consolidated local government
Status: in_force

67.705 Qualifications -- Vacancy -- Salary -- Minimum annual compensation --

Exception -- Duties and salaries of judge/executive and magistrates or

commissioners in county containing a consolidated local government.

(1) Each county shall have a chief executive officer known as the county

judge/executive. Only a resident of the county shall be eligible for election as

county judge/executive. He shall be nominated and elected by the qualified voters

of the county in the manner provided by law for the election of county officers. In

case the office of county judge/executive becomes vacant by reason of death,

resignation, or removal, it shall be filled with a person appointed by the Governor,

in accordance with Section 152 of the Constitution, for the unexpired term. The

Governor shall appoint a person to fill a vacancy in the office of county

judge/executive not later than thirty (30) days after the date on which the vacancy

occurs. If a vacancy occurs in the office of county judge/executive, the remaining

members of fiscal court shall elect one (1) of their members to serve as temporary

county judge/executive until the Governor fills the vacancy in the office,

notwithstanding the provisions of KRS 61.080(2) to the contrary.

(2) The county judge/executive shall receive an annual salary pursuant to the salary

schedule in KRS 64.5275, except in counties that contain an urban-county form of

government or a consolidated local government, where the county judge/executive

shall receive the salary set by the legislative body.

(3) Except in counties containing a consolidated local government, in no event shall the

county judge/executive, justice of the peace, magistrate, or commissioners who

serve on the fiscal court holding office on January 2, 1978, receive less than the

total annual compensation received by that official during calendar year 1976.

(4) In a county containing a consolidated local government, the county judge/executive

and magistrates or commissioners may have those duties as determined by

ordinance of the consolidated local government and shall receive a salary as set by

the legislative council of the consolidated local government for those duties.
KRS § 66.061 — KY Code / Title IX / Chapter 66 / Section 66.061
66.061 Bonds for public projects -- Credit enhancement facilities agreements
Status: in_force

66.061 Bonds for public projects -- Credit enhancement facilities agreements.

(1) An issuer may issue bonds for the purpose of paying all or any portion of the costs

of any public project that the issuer is authorized, alone or in cooperation with other

persons, to acquire, improve, or construct.

(2) Costs of public projects that may be financed with, and paid from the proceeds of

bonds include, without limitation as to other costs properly allocable to the public

project, the costs of acquiring, constructing, reconstructing, rehabilitating,

installing, remodeling, renovating, enlarging, equipping, furnishing, or otherwise

improving the public project; site clearance, site improvement, and site preparation;

acquisition of real or personal property; indemnity and surety bonds; premiums on

insurance, all related direct administrative expenses and allocable portions of direct

costs of the issuer; engineering, architectural, legal, and other consulting and

professional services; designs, plans, specifications, feasibility, or rate studies;

appraisals, surveys, and estimates of cost; interest or interest equivalent on the

bonds, whether capitalized or not; financing costs; title work and title commitment,

insurance and guaranties; amounts necessary to establish any debt service reserve or

other reserves as required by the proceedings for the bonds; audits; the

reimbursement of moneys advanced or applied by or borrowed from any person,

whether to or by the issuer or others, from whatever source provided, for the

payment of any item or items of cost of the public project; and all other expenses

necessary or incidental to planning or determining feasibility or practicability with

respect to the public project; or necessary or incidental to the acquisition,

construction, reconstruction, rehabilitation, installation, remodeling, or other

improvement of the public project; the financing of the public project; and the

placing of the public project in condition for use and operation; and all like or

related costs; including any one, part, or combination of, or the issuer's share of,

those costs and expenses.

(3) If, after the public project for which bonds were issued is available for use, the

issuer determines that proceeds of those bonds are not needed to pay costs relating

to that public project, those proceeds may be used to pay debt service on those

bonds or used to pay the costs of another public project.

(4) An issuer may enter into agreements obligating an issuer which relate to credit

enhancement facilities.
KRS § 382.250 — KY Code / Title XXXII / Chapter 382 / Section 382.250
382.250 Acknowledgment before deputy clerk -- Duty of clerk
Status: in_force

382.250 Acknowledgment before deputy clerk -- Duty of clerk.

If the deputy of any county clerk takes the acknowledgment of a deed or other instrument,

and writes thereon the certificate of acknowledgment, the instrument or deed, together

with the certificate of the deputy, shall be recorded. If the deputy only endorses a

memorandum of the acknowledgment on the deed or instrument, then the principal clerk

shall write the certificate as if the acknowledgment had been taken before him, and the

deed or instrument shall be as valid as if the certificate had been written in full by the

deputy.
KRS § 97.257 — KY Code / Title IX / Chapter 97 / Section 97.257
97.257 Power of condemnation for park purposes
Status: in_force

97.257 Power of condemnation for park purposes.

Whenever property shall be needed by any city of the first class for any park, playground,

or community center purpose contemplated in KRS 97.250 to 97.257, either within or

beyond the boundaries of such city, in the county in which such city is located, the

director of parks and recreation may, with the consent of the legislative body of such city,

order the condemnation of such property in the manner provided in the Eminent Domain

Act of Kentucky.
KRS § 67A.440 — KY Code / Title IX / Chapter 67A / Section 67A.440
67A.440 Death of member due to occupational causes -- Benefits to surviving spouse, minor children, and parents
Status: in_force

67A.440 Death of member due to occupational causes -- Benefits to surviving

spouse, minor children, and parents.

(1) (a) Upon death of a member due to occupational causes, regardless of length of

service, the surviving spouse shall be entitled immediately upon cessation of

salary to an annuity equal to seventy-five percent (75%) of the member's last

rate of salary. This annuity shall be payable until the surviving spouse dies. In

addition, if any minor children of the member, under age eighteen (18),

survive the member, the surviving spouse or parent or legal guardian shall

receive on account of each child, ten percent (10%) of the member's last rate

of salary until each child attains age eighteen (18). In the case of a child

regularly engaged in full-time educational activities, payments shall continue

until age twenty-three (23), but payments shall be made directly to a child

between the ages of eighteen (18) and twenty-three (23). The combined

payments to a surviving spouse and minor children shall not exceed one

hundred percent (100%) of the final rate of salary. When more than one (1)

child survives the member, the amount payable by reason of such children

shall be divided equally among them.

(b) Any surviving spouse who is drawing a benefit pursuant to paragraph (a) of

this subsection on July 1, 2013, that is less than the amount computed under

paragraph (a) of this subsection, shall have the retirement annuity increased to

the amount determined under paragraph (a) of this subsection.

(2) If the member is not survived by a spouse, and there are minor children of the

member, the following benefits shall be paid:

(a) One (1) minor child, fifty percent (50%) of the final rate of salary;

(b) Two (2) minor children, an additional fifteen percent (15%) of final salary;

(c) Three (3) or more minor children, an additional ten percent (10%) of final

salary, subject to a maximum combined payment of seventy-five percent

(75%) of the member's final rate of salary.

These benefits shall be divided in equal amounts for each child and paid to the

parent or legal guardian of each child under eighteen (18). In the case of a child

regularly engaged in full-time educational activities, payments shall continue until

age twenty-three (23), but payments shall be made directly to the child between the

ages of eighteen (18) and twenty-three (23). As eligibility of children expires, the

total annuity payment shall be reduced by percentage amount in reverse order.

(3) If neither a surviving spouse nor minor children eligible for benefits survive the

member, each dependent parent shall be entitled to an annuity equal to twenty-five

percent (25%) of the member's last rate of salary, or fifty percent (50%) to both

parents.
KRS § 164A.011 — KY Code / Title XIII / Chapter 164A / Section 164A.011
164A.011 Plans for organization and operation of corporation and of Kentucky Higher Education Assistance Authority -- Code of ethics
Status: in_force

164A.011 Plans for organization and operation of corporation and of Kentucky

Higher Education Assistance Authority -- Code of ethics.

(1) By January 1, 1997, the board of the Kentucky Higher Education Assistance

Authority and the board of the Kentucky Higher Education Student Loan

Corporation shall prepare and submit to the Governor, the Legislative Research

Commission, and the Finance and Administration Cabinet a plan for the future

organization and operation of the respective agencies. The plans shall be prepared

according to the preprivatization guide established by the Privatization Commission

and shall include, but not be limited to, detailed information on the following:

(a) The new or expanded businesses or services the boards may want to engage

in, and the financing thereof, or which may be available to enhance the boards'

role in the student loan business;

(b) The new or expanded businesses or services the boards may want to engage

in, and the financing thereof, or which may be available to enhance the boards'

role in the financial market;

(c) A proposed and transitional personnel system to meet the needs of any

proposed organization and operations of the authority or corporation that shall

include but not be limited to:

1. A salary and compensation plan; and

2. Personnel benefits including health insurance coverage, deferred

compensation opportunities, workers' compensation, life insurance

coverage, a retirement plan and merit system rights; and

(d) The process to be used by the authority and the corporation in the

development and implementation of their respective operating budgets,

including the methodology for the transfer of funds between the entities and

the involvement of the executive branch and the General Assembly in their

budget process.

(2) The plan shall include a proposed code of ethics to apply to all members of the

boards, officers, and employees of the respective agencies. The code of ethics

adopted shall include, but not be limited to, provisions that set forth:

(a) Standards of conduct;

(b) Requirements for filing and maintaining annual financial disclosure

statements, which shall be open to public inspection;

(c) A policy on the employment of members of the families of members of the

boards, officers, and employees;

(d) The designation of a person or group responsible for enforcement of the code

of ethics, maintenance of financial disclosure records, and receipt and

investigation of complaints of violation of the code of ethics; and

(e) The penalties for violation of the code of ethics.