FrankGoortani/open-us-law huggingface dataset:
KRS § 431.074 — KY Code / Title XL / Chapter 431 / Section 431.074
431.074 Index of expungement orders -- Restricted access
Status: in_force

431.074 Index of expungement orders -- Restricted access.

(1) The Administrative Office of the Courts shall retain an index of expungement

orders entered under KRS 431.073 or 431.078.

(2) The index shall only be accessible to persons preparing a certification of eligibility

for expungement pursuant to KRS 431.079 or the Kentucky Law Enforcement

Council for the purpose of verifying qualifications under KRS 15.382.

(3) If the index indicates that the person applying for expungement has had a prior

felony expunged under KRS 431.073, the person preparing the report may,

notwithstanding the provisions of KRS 431.073, access the expunged record and

include information from the expunged record in the certification.
KRS § 77.300 — KY Code / Title IX / Chapter 77 / Section 77.300
77.300 Members of hearing board may administer oaths to witnesses
Status: in_force

77.300 Members of hearing board may administer oaths to witnesses.

At any hearing the hearing board may require all or any witnesses to be sworn before

testifying. Every member of the hearing board may administer oaths in every hearing in

which he participates.
KRS § 452.495 — KY Code / Title XLII / Chapter 452 / Section 452.495
452.495 When defendant in transitory action is immune from summons
Status: in_force

452.495 When defendant in transitory action is immune from summons.

In an action brought pursuant to KRS 452.480, a defendant who is summoned out of the

county in which it is brought, and who did not reside therein when the action was begun,

can not be summoned in that or any other action of the plaintiff whilst visiting such

county for the sole purpose of defending the first-named action.
KRS § 179.415 — KY Code / Title XV / Chapter 179 / Section 179.415
179.415 Payment of pro rata share of funds appropriated to counties
Status: in_force

179.415 Payment of pro rata share of funds appropriated to counties.

(1) On and after the fiscal year beginning July 1, 1980, and each fiscal year thereafter,

the Department for Local Government shall pay to each county its pro rata share of

any funds appropriated and any unexpended balance of funds appropriated for

construction, reconstruction, improvement, and maintenance of county roads and

bridges. During each fiscal year, the Department for Local Government shall make

quarterly payments to each such county of the funds allocated in accordance with

KRS 177.369.

(2) The expenditure of any money received by the county in accordance with the

provisions of subsection (1) of this section shall be made solely for the purpose of

construction, reconstruction, improvement, and maintenance of county roads and

bridges.

(3) Any county which has received any money in accordance with the provisions of

subsection (1) of this section shall retain all records of the expenditure of the money

for a period of five (5) years and said records shall be subject to audit by the

Department for Local Government for said period of time in order to determine the

proper expenditure of said money for the purpose required by KRS 179.410.
KRS § 625.080 — KY Code / Title LI / Chapter 625 / Section 625.080
625.080 Conduct of hearings
Status: in_force

625.080 Conduct of hearings.

In any involuntary action for termination of parental rights:

(1) The Circuit Court shall conduct a private hearing. An official stenographic or

mechanical record shall be made of the proceedings and retained for a period of five

(5) years. The court shall make findings of fact and conclusions of law, which may

be made on the record, to support its judgment;

(2) Any child to whom an involuntary action directly relates shall be made a party to

the action and a guardian ad litem shall be appointed to represent the best interests

of the child. The person appointed as a guardian ad litem shall be paid a fee not to

exceed five hundred dollars ($500), to be paid by the Finance and Administration

Cabinet when the cabinet is the proposed custodian. When the cabinet is not the

proposed custodian, the court may order the cost to be paid by the proposed

adoptive parent, parents, agency, or the petitioner. Upon motion of any party, the

child may be permitted to be present during the proceedings and to testify if the

court finds such to be in the best interests of the child. In its discretion, the Circuit

Court may interview the child in private, but a record of the interview shall be

made, which, in the discretion of the court, may be sealed to be used only by an

appellate court;

(3) The parents have the right to legal representation in involuntary termination actions.

The Circuit Court shall determine if the parent is indigent and, therefore, entitled to

counsel pursuant to KRS Chapter 31. If the Circuit Court so finds, the Circuit Court

shall inform the parent; and, upon request, if it appears reasonably necessary in the

interest of justice, the Circuit Court shall appoint an attorney to represent the parent

pursuant to KRS Chapter 31 to be provided or paid for by the Finance and

Administration Cabinet a fee to be set by the court and not to exceed five hundred

dollars ($500);

(4) If the parent is currently authorized to visit with the child, the court may continue to

permit the parent to visit the child pending the final hearing unless it finds that

visitation would not be in the best interest of the child.

(5) The hearing under this chapter shall be held within sixty (60) days of the motion by

a party or the guardian ad litem for a trial date.
KRS § 315.404 — KY Code / Title XXVI / Chapter 315 / Section 315.404
315.404 Returns or exchanges of prescription drugs
Status: in_force

315.404 Returns or exchanges of prescription drugs.

(1) (a) A wholesale distributor may receive prescription drug returns or exchanges

from a pharmacy, pharmacy warehouse, or other person authorized to

distribute a prescription drug to an end user under the terms and conditions of

an agreement between the parties.

(b) Returns of expired, damaged, recalled, or otherwise nonsalable prescription

drugs shall be distributed by the receiving wholesale distributor only to the

original manufacturer, a third-party returns processor, or a reverse distributor

licensed as a wholesale distributor.

(c) Returns or exchanges of prescription drugs that may or may not be salable,

including any redistribution by a receiving wholesaler, shall not be subject to

the requirements of KRS 315.406 if they are exempt from the pedigree

requirements of the federal regulations for the federal Prescription Drug

Marketing Act of 1987 as amended by the Prescription Drug Amendments of

1992 and any amendments thereto.

(2) A manufacturer or wholesale distributor shall supply prescription drugs only to a

person or entity licensed to possess or distribute prescription drugs to an end user.

(3) Prescription drugs supplied by a manufacturer or wholesale distributor shall be

delivered only to the business address of the licensee or the address listed on the

license, to the address of a health-care entity authorized by the licensee, or to an

authorized person or agent of the licensee at the premises of the manufacturer or

wholesale distributor if the identity and authority of the authorized agent is

established.

(4) A licensed wholesale distributor, pharmacy, or other person authorized by law to

furnish prescription drugs to an end user shall be accountable for their returns

process and shall ensure that all aspects of their operations are secure and do not

permit the entry of adulterated or counterfeit prescription drugs.
KRS § 273.237 — KY Code / Title XXIII / Chapter 273 / Section 273.237
273.237 Shares of stock and dividends prohibited -- Permissible expenditures
Status: in_force

273.237 Shares of stock and dividends prohibited -- Permissible expenditures.

(1) A corporation shall not have or issue shares of stock. Except as authorized by

subsection (2) of this section, no dividend shall be paid and no part of the income or

profit of a corporation shall be distributed to its members, directors, or officers.

(2) A corporation may:

(a) Pay reasonable compensation to its members, directors, or officers for services

rendered to the corporation;

(b) Reimburse reasonable expenses to its members, directors, or officers in

connection with services rendered to the corporation;

(c) Confer benefits upon its members in conformity with its purposes;

(d) Apply income or profit so as to reduce or eliminate dues, fees, or

contributions that otherwise would be payable to the corporation by its

members;

(e) Make distributions, subject to subsection (3) of this section, upon dissolution

or final liquidation to its members as permitted by KRS 273.161 to 273.390,

and no such payment, benefit, or distribution shall be deemed to be a dividend

or a distribution of income or profit;

(f) Make distributions, subject to subsection (3) of this section, to any entity:

1. That is exempt under Section 501(c)(3) of the Internal Revenue Code of

1986, or any successor section; or

2. That is a state, a possession of the United States, or any political

subdivision of a state or a possession of the United States, or the United

States or the District of Columbia, but only if the distribution under this

subparagraph is made exclusively for public purposes; and

(g) Make distributions, subject to subsection (3) of this section and only by a

corporation other than a charitable or religious corporation to purchase its

memberships.

(3) A corporation shall not make any distribution under subsection (2)(e), (f), or (g) of

this section if at the time of, or as a result of, the distribution:

(a) The corporation would not be able to pay its debts as they become due in the

usual course of business; or

(b) The corporation's total assets would be less than the sum of its total liabilities.
KRS § 62.210 — KY Code / Title VIII / Chapter 62 / Section 62.210
62.210 Office of county clerk liable for acts of deputy clerk -- Liability of deputy clerk to county clerk
Status: in_force

62.210 Office of county clerk liable for acts of deputy clerk -- Liability of deputy

clerk to county clerk.

The office of county clerk, rather than the individual holder of the office, shall be liable

for the acts or omissions of deputy clerks. When a deputy clerk omits to act or acts in

such a way as to render the clerk responsible, and the clerk discharges such responsibility,

the deputy clerk shall be liable to the clerk for all damages and costs which are caused by

the deputy's act or omission.
KRS § 309.450 — KY Code / Title XXVI / Chapter 309 / Section 309.450
309.450 Board's powers to examine, inspect, and test -- Prohibition upon interfering with inspection
Status: in_force

309.450 Board's powers to examine, inspect, and test -- Prohibition upon

interfering with inspection.

(1) The board may examine records of mitigation contractors, measurement contractors,

and radon laboratories, including but not limited to conducting inspections of

mitigation system installations and measurement locations in order to ensure that

radon measurement, mitigation, and laboratory analysis are conducted in accordance

with the applicable standard operating procedures.

(2) The board may test any equipment used for measurement, mitigation, or laboratory

analysis or photograph or sketch any portion of a site, building, or equipment

involved in measurement, mitigation, or laboratory analysis.

(3) No person shall use or continue to use, or permit the use or continued use of, any

radon mitigation system if an agent or inspector of the board finds that the radon

mitigation system was not constructed, installed, or altered in accordance with the

applicable mitigation standard operating procedures.

(4) For purposes of enforcing KRS 309.430 to 309.454 or any administrative regulation

promulgated by the board pertaining to radon measurement, mitigation, or

laboratory analysis, an agent or inspector of the board shall have the power to enter

upon premises at all reasonable times to make an inspection, question all persons,

and require the production of radon mitigation system plans, sketches, diagnostic

information, and other evidence.

(5) Agents and inspectors of the board shall be empowered to issue a stop order to any

owner, agent, or occupant of real property requiring that the radon mitigation

system thereon cease operation if that system has been found to be in violation of

KRS 309.430 to 309.454 or any administrative regulation promulgated by the

board.

(6) A person shall not interfere with an inspection conducted by an agent or inspector

of the board.
KRS § 139.779 — KY Code / Title XI / Chapter 139 / Section 139.779
139.779 Tax receipts, interest, and penalties from sale of motor vehicle to be deposited in road fund -- Exceptions
Status: in_force

139.779 Tax receipts, interest, and penalties from sale of motor vehicle to be

deposited in road fund -- Exceptions.

All tax receipts, interest, and penalties resulting from the sale of a motor vehicle subject

to sales tax under KRS 139.200 and not otherwise exempt from sales tax under KRS

139.470 shall be deposited in the road fund, unless the motor vehicle has been exempted

from the motor vehicle usage tax under KRS 138.460(3) for nonhighway use. All tax

receipts, interest, and penalties resulting from the sale of a motor vehicle, as defined in

KRS 138.450, which is purchased for nonhighway use shall continue to be deposited in

the general fund.
KRS § 220.290 — KY Code / Title XVIII / Chapter 220 / Section 220.290
220.290 Contracts for work, material and supplies -- How let
Status: in_force

220.290 Contracts for work, material and supplies -- How let.

All contracts for work, material or supplies that may exceed one thousand dollars

($1,000) shall be advertised for bids by publication pursuant to KRS Chapter 424 within

the district where the work is to be done or the materials or supplies used. The contract

shall be let to the lowest and best bidder who shall give bond with approved and ample

surety for the faithful performance of the contract. The notice shall specify the general

nature of the bid sought, the time and date bids are to be received, and where and how

more specific information can be obtained. The contract shall be in writing, in duplicate,

and shall be accompanied by or refer to plans and specifications for the work to be done,

prepared by the chief engineer. The plans and specifications shall be made and considered

a part of the contract. The contract shall be adopted by the board and signed by its

president and by the contractor, and shall become a part of the records of the district.
KRS § 349.075 — KY Code / Title XXVIII / Chapter 349 / Section 349.075
349.075 Spacing requirements for vertical and horizontal coalbed methane wells
Status: in_force

349.075 Spacing requirements for vertical and horizontal coalbed methane wells.

Except as provided in KRS 349.070, or pursuant to voluntary pooling, no permit shall be

issued for a coalbed methane well unless the proposed location of a vertical well shall be

at least seven hundred fifty (750) feet horizontally from the nearest mineral boundary

upon which the well is to be drilled and the proposed location shall be at least one

thousand five hundred (1,500) feet horizontally from the nearest coalbed methane well,

unless the department orders that a different spacing distance shall apply. Spacing

distances for coalbed methane horizontal wells shall be separately established by the

department pursuant to this chapter.
KRS § 95.620 — KY Code / Title IX / Chapter 95 / Section 95.620
95.620 Pension fund established under KRS 95.520 to be used to pay pensions and benefits -- Exceptions -- Refund of contributions
Status: in_force

95.620 Pension fund established under KRS 95.520 to be used to pay pensions and

benefits -- Exceptions -- Refund of contributions.

(1) Except for court or administratively ordered current child support, or owed child

support, or to-be-owed child support, and except as provided in KRS 65.156, KRS

95.530(6), and subsections (2), (3), and (4) of this section, the policemen's and

firefighters' pension fund established under KRS 95.520 shall be held and

distributed for the purpose of paying pensions and benefits, and for no other

purpose.

(2) From July 15, 1982, and thereafter, the board of trustees of the pension fund shall,

upon the request of a member, refund a member's contributions, including

contributions picked up by the employer pursuant to KRS 65.155, upon that

member's withdrawal from service prior to qualifying for pension. The member

shall be entitled to receive a refund of the amount of contributions made by the

member, including contributions picked up by the employer pursuant to KRS

65.155, after the date of establishment, without interest.

(3) Any member receiving a refund of contributions shall thereby ipso facto forfeit,

waive, and relinquish all accrued rights and benefits in the system, including all

credited and creditable service. The board may, in its discretion, regardless of cause,

withhold payment of a refund for a period not to exceed six (6) months after receipt

of an application from a member.

(4) Any member who has received a refund shall be considered a new member upon

subsequent reemployment if such person qualifies for membership under the

provisions hereof. After the completion of at least five (5) years of continuous

membership service following his or her latest reemployment, such member shall

have the right to make a repayment to the system of the amount or amounts

previously received as refund, including six percent (6%) interest from the dates of

refund to the date of repayment. Such repayments shall not be picked up by the

employer pursuant to KRS 65.155. Upon the restoration of such refunds, as herein

provided, such member shall have reinstated to his or her account all credited

service represented by the refunds of which repayment has been made. Repayment

of refunds by any member shall include all refunds received by a member prior to

the date of his or her last withdrawal from service and shall be made in a single

sum.
KRS § 422.180 — KY Code / Title XXXVIII / Chapter 422 / Section 422.180
422.180 Notice -- Duty of guardian ad litem and attorney
Status: in_force

422.180 Notice -- Duty of guardian ad litem and attorney.

(1) The party desiring to take the deposition of any witness shall give ten (10) days'

notice in writing to all parties known to him to be interested in, or setting up or

attempting to set up claim to, the real property or any interest therein. The notice

shall state the time and place the depositions will be commenced to be taken, and

that the same will be continued from day to day, at the same place and between the

hours of 8 a.m. and 6 p.m., until the same is completed and that depositions are to

be taken in behalf of the title to a certain tract of land known as .... tract, lying on

the .... (here give the local description), in .... County, in the State of Kentucky, and

that the depositions are being taken for the purpose of perpetuation of the testimony

expected to be given. The party desiring to take the deposition shall give further

notice, as above recited, by having the notice published pursuant to KRS Chapter

424. Such party shall also have a like notice posted at the front door of the

courthouse in the county where the real property lies at least fifteen (15) days before

the taking of the depositions. Sixty (60) days' notice shall be given to nonresidents

of the time of taking of such depositions unless they waive notice through their

attorney or otherwise.

(2) The guardian ad litem for an infant and the attorney for a nonresident shall, as soon

as notified of his appointment, if possible, give written notice to the infant or

nonresident whom he represents of the fact and nature and purpose of the

proceeding, and if no person, other than himself, appears by special employment to

represent those whom he was appointed to represent, he shall appear and, if

necessary, cross-examine and do all necessary to protect the interest of his ward or

nonresident claimant against any fraud, imposition or injury. Such guardian ad litem

or attorney shall file with the clerk a written report showing what effort he made to

give notice to his ward or nonresident party, and state what, if any, information he

has received from them, and shall be allowed a reasonable sum for his services to be

paid by the party seeking to perpetuate the evidence.
KRS § 625.120 — KY Code / Title LI / Chapter 625 / Section 625.120
625.120 Regulations
Status: in_force

625.120 Regulations.

The cabinet shall promulgate regulations to implement the provisions of this chapter.
KRS § 350.063 — KY Code / Title XXVIII / Chapter 350 / Section 350.063
350.063 Duty of applicant to meet and confer with well operator if permit will disturb access roads
Status: in_force

350.063 Duty of applicant to meet and confer with well operator if permit will

disturb access roads.

Prior to the issuance of a permit, if the operation will disturb any roads used as access to

an oil or gas well or other oil and gas facility, the permit applicant shall certify that he has

met and conferred with, or offered to meet and confer with, the well operator as to the

disturbance.
KRS § 78.160 — KY Code / Title IX / Chapter 78 / Section 78.160
78.160 Omitted, 1948
Status: in_force

78.160 Omitted, 1948.

Catchline at time of omission: Organization of commission.
KRS § 37.240 — KY Code / Title V / Chapter 37 / Section 37.240
37.240 Active service -- How and when ordered into -- Direction -- Powers
Status: in_force

37.240 Active service -- How and when ordered into -- Direction -- Powers.

The Governor is hereby authorized to call and to assign any part of the Kentucky active

militia to active service for the purpose of resisting invasion, suppressing rebellions,

insurrections, riots, or threats thereof; to suppress any active, unlawful, or threatened

violence to persons or property in this state; to authorize the arrest of all persons engaged

in aiding or abetting therein; to investigate any acts of treason, sabotage, or attempted

sabotage and to cause the arrest of such persons engaged therein for aiding and abetting;

to protect life and property in the event of any emergency or disaster. The Governor may

by his order prescribe the duty to be performed by the troops thus called into active field

service. The Governor may direct the commanding officer of such military forces thus

ordered into service to report to any of the following named civil officers of the judicial

circuit, county, city, or town: Circuit Judge, sheriff, county judge/executive, or mayor;

and such civil officers may direct the specific object to be accomplished by such military

force, but the tactical direction and disposition of the troops and the particular means to

be employed to accomplish the object shall be left solely to the officers of the Kentucky

active militia. Troops shall not be relieved from active field service except by order of the

Governor.
KRS § 379.130 — KY Code / Title XXXI / Chapter 379 / Section 379.130
379.130 Distribution -- When to be made -- Report on -- Exceptions -- Court determination
Status: in_force

379.130 Distribution -- When to be made -- Report on -- Exceptions -- Court

determination.

As soon as practicable and within nine (9) months after his appointment, the assignee

shall pay upon the claims allowed such an amount as the means on hand permit, after

deducting expenses and his allowance, which shall be fixed by the court. He shall

thereafter, when he has funds sufficient to pay five (5) percent on the claims allowed,

distribute that amount. Within fifteen (15) days after each distribution he shall file in

court a report of the same, which shall lie over until the second regular term and if no

exceptions are filed it shall then be confirmed. If exceptions are filed, they shall be heard

and determined by the court.