FrankGoortani/open-us-law huggingface dataset:
KRS § 335.540 — KY Code / Title XXVI / Chapter 335 / Section 335.540
335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement
Status: in_force

335.540 Standards of conduct -- Disciplinary sanctions -- Reinstatement.

(1) The board may refuse to issue a credential, or may suspend, revoke, impose

probationary conditions upon, impose an administrative fine, or issue a written

reprimand or admonishment if the credential holder has:

(a) Committed a dishonest or corrupt act, if in accordance with KRS Chapter

335B. If the act is a crime, conviction in a criminal proceeding shall not be

a condition precedent to disciplinary action. Upon conviction of the crime,

the judgment and sentence are presumptive evidence at the ensuing

disciplinary hearing of the guilt of the credential holder or applicant.

Conviction includes all instances in which a plea of no contest is the basis

of the conviction;

(b) Misrepresented or concealed a material fact in obtaining or reinstating a

credential;

(c) Committed any unfair, false, misleading, or deceptive act or practice;

(d) Been incompetent or negligent in the activities he has undertaken within

his or her practice;

(e) Violated any state statute or administrative regulation promulgated

pursuant to KRS 335.500 to 335.599;

(f) Failed to comply with an order issued by the board or an assurance of

voluntary compliance;

(g) Violated the code of ethics; or

(h) Violated any applicable provisions of federal or state law, if in accordance

with KRS Chapter 335B.

(2) Any person whose credential has been revoked for at least five (5) or more

years may petition the board for reinstatement. The board shall investigate the

petition and may reinstate the credential upon a finding that the individual has

complied with the terms prescribed by the board and is able to competently

engage in professional practice.

(3) The board may issue a written admonishment to the credential holder if the

board determines based on the evidence, that a violation that is not serious

has occurred. A copy of the written admonishment shall be placed in the

permanent file of the credential holder. The credential holder may respond in

writing to the admonishment within thirty (30) days of its receipt and may have

it placed in his permanent credential file. Alternatively, the credential holder

may file a request for a hearing with the board within thirty (30) days of the

admonishment. Upon receipt of this request, the board shall set aside the

written admonishment and set the matter for hearing pursuant to the provisions

of KRS Chapter 13B.

(4) At any time during the investigative or hearing processes, the board may enter

into an agreed order or accept an assurance of voluntary compliance with the

credential holder.

(5) The board may consider, modify, or reverse its probation, suspensions, or

other disciplinary action.
KRS § 425.012 — KY Code / Title XXXIX / Chapter 425 / Section 425.012
425.012 Writ of possession
Status: in_force

425.012 Writ of possession.

(1) Before a writ of possession shall be issued by the clerk, the person seeking the writ

must first make a demand in writing at or after the time the suit is filed, by

delivering such demand and a copy of the complaint, motion and summons to the

defendant or by sending them to him by registered or certified mail, return receipt

requested, to the last known place of residence, at least seven (7) and not more than

sixty (60) days before such order is sought. The demand shall contain a statement in

substance that the defendant has seven (7) days in which to petition the court for a

hearing or in which to pay the amount claimed in the complaint in full, and that

unless a hearing is set or the amount paid, a writ of possession will issue. The

statement shall identify the court in which the suit has been filed, the grounds

therefor, the date of the demand, the amount claimed, and the name and address of

the plaintiff and his attorney. An affidavit of the plaintiff or his attorney evidencing

compliance with this subsection shall be filed before a writ shall be issued.

(2) The writ of possession shall be issued by the clerk upon compliance with subsection

(1) of this section unless the defendant has requested a hearing, in which case a

hearing shall be conducted pursuant to KRS 425.031.
KRS § 402.050 — KY Code / Title XXXV / Chapter 402 / Section 402.050
402.050 Who may solemnize marriage -- Persons present
Status: in_force

402.050 Who may solemnize marriage -- Persons present.

(1) Marriage shall be solemnized only by:

(a) Ministers of the gospel or priests of any denomination in regular communion

with any religious society;

(b) Justices and judges of the Court of Justice, retired justices and judges of the

Court of Justice except those removed for cause or convicted of a felony,

county judges/executive, and such justices of the peace and fiscal court

commissioners as the Governor or the county judge/executive authorizes; or

(c) A religious society that has no officiating minister or priest and whose usage

is to solemnize marriage at the usual place of worship and by consent given in

the presence of the society, if either party belongs to the society.

(2) At least two (2) persons, in addition to the parties and the person solemnizing the

marriage, shall be present at every marriage.
KRS § 278.450 — KY Code / Title XXIV / Chapter 278 / Section 278.450
278.450 Judgment of Circuit Court -- Appeal to Court of Appeals
Status: in_force

278.450 Judgment of Circuit Court -- Appeal to Court of Appeals.

Upon final submission of any action brought under KRS 278.410, the Circuit Court shall

enter a judgment either sustaining the order of the commission or setting it aside or

vacating it in whole or in part, or modifying it, or remanding it to the commission with

instructions. Any final order of the commission, on remand of the proceedings, shall be

subject to court review in the same manner as any other final order of the commission.

Either party to the action may appeal from the judgment of the Circuit Court to the Court

of Appeals in accordance with the Rules of Civil Procedure.
KRS § 181.640 — KY Code / Title XV / Chapter 181 / Section 181.640
181.640 Purchase of real property -- Contracts to be advertised and awarded
Status: in_force

181.640 Purchase of real property -- Contracts to be advertised and awarded.

(1) The commission may purchase within this and any adjoining state all real property

and interest in real property necessary for the construction of the bridge, upon such

terms and at such prices as it considers reasonable and that can be agreed upon

between it and the owner. Title shall be taken in the name of the city.

(2) No contract for the construction of the bridge exceeding the sum of twenty-five

hundred dollars ($2500) shall be made without advertising for bids. The bids shall

be opened publicly and an award made to the best bidder. The commission may

reject any or all bids.
KRS § 118.641 — KY Code / Title X / Chapter 118 / Section 118.641
118.641 Distribution of authorized delegate vote among party candidates
Status: in_force

118.641 Distribution of authorized delegate vote among party candidates.

(1) The political parties in distributing authorized delegate votes among party

candidates shall select one (1) of the following methods of distribution:

(a) The candidates receiving the highest number of votes, provided each

candidate receives at least fifteen percent (15%) of the total vote cast by his

political party, shall be awarded a pro rata portion of the authorized delegate

vote of his political party as follows:

1. The total vote received by the candidates qualifying under the provisions

of KRS 118.551 to 118.651 and subsections herein shall, when

combined, be equal to one hundred percent (100%);

2. Each such candidate shall share in the total percentage in direct

proportion to the total vote received by him mathematically determined

to be the percentage of the aggregate vote which represents one hundred

percent (100%);

3. Each political party shall appropriate such percentage, as is determined

by this section, to the total number of delegate votes as are allotted by

the national committee of each party; or

(b) The candidate receiving the highest number of votes cast by his political party

shall be awarded a pro rata portion of the authorized delegate vote of his

political party in compliance with the state party rules for that party.

(2) Each political party shall, on the first ballot at its national convention, cast this

Commonwealth's vote for the candidates as determined by the primary or party

caucus and calculated under this section or under party rules, whichever is

applicable. Provided, however, that in the event of the death or withdrawal of a

candidate receiving votes under this section prior to the tabulation of the first ballot,

any delegate votes allocated to such candidate shall be considered uncommitted.

Withdrawal shall mean notice in writing by the candidate to the chairman of the

Kentucky delegation prior to the first ballot.
KRS § 311.1957 — KY Code / Title XXVI / Chapter 311 / Section 311.1957
311.1957 Relation of KRS 311.1911 to 311.1959 to Electronic Signatures in Global and National Commerce Act
Status: in_force

311.1957 Relation of KRS 311.1911 to 311.1959 to Electronic Signatures in Global

and National Commerce Act.

The Revised Uniform Anatomical Gift Act, KRS 311.1911 to 311.1959, modifies, limits,

and supersedes the Electronic Signatures in Global and National Commerce Act, 15

U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede sec. 101(a) of that act,

15 U.S.C. sec. 7001, or authorize electronic delivery of any of the notices described in

sec. 103(b) of that act, 15 U.S.C. sec. 7003(b).
KRS § 350.156 — KY Code / Title XXVIII / Chapter 350 / Section 350.156
350.156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund
Status: in_force

350.156 Transfer of jurisdiction of restored land to state agency or sale to political

subdivision -- Return of money to revolving fund.

(1) After restoration of the acquired land, the cabinet may, with the approval of the

Governor, transfer jurisdiction of such land, or any portion thereof, to any state

agency that can best utilize such land for public purposes.

(2) If the retention of such land is determined to be impractical, the cabinet may, with

the approval of the Governor, sell such land to political subdivisions of the

Commonwealth at the cost of acquisition and restoration or public sale to the

highest bidder. Such land shall be sold subject to the condition that no surface coal

mining shall be carried on thereon at any time thereafter. The proceeds of any such

sale shall be credited to a revolving fund within the cabinet.

(3) Whenever the cabinet expends funds pursuant to this section in order to satisfy the

total purchase price for lands purchased pursuant to KRS 350.570, the cabinet may

return to the revolving fund any moneys so used upon resale or other transfer of

such land.
KRS § 35.250 — KY Code / Title V / Chapter 35 / Section 35.250
35.250 Admissibility of records of courts of inquiry
Status: in_force

35.250 Admissibility of records of courts of inquiry.

(1) In any case not extending to the dismissal of a commissioned officer, the sworn

testimony, contained in the duly authenticated record of proceedings of a court of

inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise

admissible under the rules of evidence, be read in evidence by any party before a

court-martial if the accused was a party before the court of inquiry and if the same

issue was involved or if the accused consents to the introduction of such evidence.

(2) Such testimony may be read in evidence only by the defense in cases extending to

the dismissal of a commissioned officer.

(3) Such testimony may also be read in evidence before a court of inquiry.
KRS § 39C.010 — KY Code / Title V / Chapter 39C / Section 39C.010
39C.010 Supplementary state funds
Status: in_force

39C.010 Supplementary state funds.

In order to develop and maintain effective local emergency management agencies, and

comprehensive emergency management programs and related activities, it is declared to

be the policy of the Commonwealth of Kentucky to encourage and assist the counties,

cities, urban-county governments or charter county governments of the Commonwealth

by authorizing, and there is hereby authorized, the expenditure of supplementary state

funds for local emergency management agencies which are created, administered,

operated, and maintained pursuant to KRS Chapters 39A to 39F, and are integral

components of the integrated emergency management system of this Commonwealth.
KRS § 22A.040 — KY Code / Title IV / Chapter 22A / Section 22A.040
22A.040 Clerk -- Appointment -- Compensation -- Oath -- Bond -- Assistants -- Fee schedule -- Seal -- Annual audit
Status: in_force

22A.040 Clerk -- Appointment -- Compensation -- Oath -- Bond -- Assistants -- Fee

schedule -- Seal -- Annual audit.

(1) The clerk of the Court of Appeals shall be appointed by the court to serve at its

pleasure. The annual salary of the clerk shall be fixed by the Supreme Court not to

exceed twenty-two thousand dollars ($22,000).

(2) Before entering upon the duties of his office, the clerk shall take the oath of office

prescribed by the Constitution.

(3) The clerk shall perform such duties as the Court of Appeals may assign, and shall

be bonded to the Commonwealth, for faithful performance of duty, in such manner

and in an amount not less than ten thousand dollars ($10,000) as the Supreme Court

shall determine.

(4) The clerk may appoint assistants in the number and at the salaries fixed by the

Supreme Court.

(5) The Court of Appeals shall adopt a seal. The clerk shall be the keeper of the seal

and shall use it upon such documents as the Court of Appeals may require.

(6) A fee schedule for services rendered by the clerk shall be fixed by rule of the

Supreme Court, except that charges to litigants for the reproduction of appellate

records and briefs shall be fixed and administered by the clerk. All fees collected by

the clerk shall be remitted to the State Treasury.

(7) The Auditor of Public Accounts shall audit the financial accounts of the clerk at

least once every year.
KRS § 332.206 — KY Code / Title XXVI / Chapter 332 / Section 332.206
332.206 Issuance of license
Status: in_force

332.206 Issuance of license.

(1) Upon receipt of a satisfactory application accompanied by the fee required under

KRS 332.204, the commissioner shall issue a license to the applicant.

(2) If the license is issued to a driver training school, it shall be posted and at all times

displayed in a conspicuous place so that all persons visiting the school may readily

see the license.

(3) If the license is issued to a driver training instructor, the person shall carry the

license at all times during which the person is actually giving instruction to any

student. Upon request, the instructor shall exhibit the license to any student taking

instruction from him or her and to any other person authorized by law to examine

operators' licenses.
KRS § 426.020 — KY Code / Title XXXIX / Chapter 426 / Section 426.020
426.020 Form of execution against property
Status: in_force

426.020 Form of execution against property.

The form of an execution against property, varied to suit the particular case, may be in

substance as follows: "The Commonwealth of Kentucky, to the sheriff of .... County,

greeting: We command you that of the estate of A B, you cause to be made the sum of

$.... which C D late in our .... court hath recovered against him for debt, with interest

thereon from the .... day of .... until paid; also the sum of $.... which to the said C D in the

same court was adjudged for his costs in that suit expended, whereof he is convicted as

appears to us of record, and that you have the said sums of money before our court on the

.... day of ...., to render to the said C D his debt, interest and costs aforesaid and have then

there this writ. Witness."
KRS § 196.042 — KY Code / Title XVII / Chapter 196 / Section 196.042
196.042 Criminal justice reinvestment fund -- Annual funds appropriations -- Dedicated use of funds
Status: in_force

196.042 Criminal justice reinvestment fund -- Annual funds appropriations --

Dedicated use of funds.

(1) The criminal justice reinvestment fund is created as a trust fund. The trust fund shall

consist of funds deposited pursuant to KRS 196.044 and shall be appropriated for

the purposes set forth in subsection (3) of this section. The department shall

administer the fund.

(2) Any interest earned on moneys in the fund shall become a part of the fund and shall

not lapse.

(3) All funds in the criminal justice reinvestment fund shall be appropriated ninety (90)

days after the close of the fiscal year as follows:

(a) Twenty percent (20%) to the department for expanding and enhancing

evidence-based substance use disorder treatment programs for inmates;

(b) Twenty percent (20%) to the Office of Drug Control Policy for expanding and

enhancing evidence-based substance use disorder treatment programs,

including but not limited to treatment for neonatal abstinence syndrome;

(c) Twenty percent (20%) to the crime victims' compensation fund established in

KRS 49.480;

(d) Twenty percent (20%) to the department for reentry services, including but not

limited to vocational training; and

(e) Twenty percent (20%) to the community corrections fund established in KRS

196.732.

(4) For programs that receive funding under subsection (3) of this section, the moneys

appropriated pursuant to this section shall not be used to replace any other state or

county appropriations that the programs would have received if not for the

appropriation made pursuant to this section.
KRS § 233.150 — KY Code / Title XIX / Chapter 233 / Section 233.150
233.150 Violation of injunction or order -- Trial for
Status: in_force

233.150 Violation of injunction or order -- Trial for.

(1) In case of a violation of any injunction granted under this chapter, the court may

summarily try and punish the offender. The proceedings shall be commenced by

filing with the clerk of the court an affidavit, setting out the alleged facts

constituting the violation, upon which the court shall cause an order of arrest to

issue. The trial may be had upon affidavit, but either party may at any stage of the

proceedings demand the production and oral examination of the witnesses.

(2) If any person enters or uses premises directed to be closed as provided in KRS

233.100, he shall be proceeded against as provided in subsection (1) of this section.
KRS § 508.182 — KY Code / Title L / Chapter 508 / Section 508.182
508.182 Hazing in the first degree -- Defenses -- Sentencing
Status: in_force

508.182 Hazing in the first degree -- Defenses -- Sentencing.

(1) A person is guilty of hazing in the first degree when he or she intentionally or

wantonly engages in an act of hazing that results in serious physical injury or death

to a minor or student.

(2) It shall be a defense under this section that the act was part of reasonable and

customary:

(a) Interscholastic or intercollegiate athletic practices, competitions, or events;

(b) Law enforcement training; or

(c) Military training.

(3) Hazing in the first degree is a Class D felony. Any sentence imposed on a defendant

under this section shall run concurrently with any sentence imposed under KRS

508.060 or 508.070 arising from the same act or occurrence.
KRS § 317.540 — KY Code / Title XXVI / Chapter 317 / Section 317.540
317.540 Requirements for barber schools
Status: in_force

317.540 Requirements for barber schools.

No license shall be renewed or issued by the board to any barber school, unless the school

provides:

(1) The name of the proposed school;

(2) A statement that the proposed school is authorized to operate educational programs

beyond secondary education;

(3) As a prerequisite of graduation, a prescribed course of instruction of not less than

fifteen hundred (1,500) hours shall be given within a reasonable period with not

more than eight (8) hours nor less than four (4) hours of instruction a day, exclusive

of Sundays;

(4) Courses of instruction in histology of the hair, skin, muscles, and nerves of the face

and neck; elementary chemistry with emphasis on sterilization and antiseptics;

disease of the skin, hair, and glands; massaging and manipulating of the muscles of

the upper body; cutting, shaving, arranging, dressing, coloring, bleaching, and

tinting the hair and such other courses as may be prescribed by regulation of the

board; and

(5) Such facilities, equipment, materials, and qualified teachers as may be required by

rules and regulations of the board adopted pursuant to this chapter, but in no event

shall any school have fewer than one (1) licensed teacher per twenty (20) students

enrolled, or more than two (2) students per chair.
KRS § 267.300 — KY Code / Title XXII / Chapter 267 / Section 267.300
267.300 Hearing on assessment roll and statement -- Notice -- Appeal -- Filing approved roll
Status: in_force

267.300 Hearing on assessment roll and statement -- Notice -- Appeal -- Filing

approved roll.

(1) When the copies of the assessment roll and statement of costs are filed with the

county clerk, the clerk shall give notice, by publication pursuant to KRS Chapter

424 in the county, of the filing of the assessment roll and statement, and that they

will be heard on a date specified, which shall be not less than fifteen (15) nor more

than thirty (30) days after the date of filing. The clerk shall also cause notices to be

posted on the front door of the courthouse and in five (5) public places in the

district more than ten (10) days prior to the hearing.

(2) The county judge/executive shall hear in a summary way any objections to the cost

of the improvement and to the assessment of land, and shall enter an order

confirming the assessment roll or directing the board to change it in accordance

with the finding of the court. No question or objection that could have been raised

to the final report of the viewers or at any time before the filing of the assessment

roll or statement of cost can be raised by exceptions to the assessment roll or

statement of costs. The order of the county judge/executive shall be final and may

be appealed from in the same manner as from orders confirming a report of the

viewers.

(3) The order shall direct the county clerk to certify to the county treasurer a copy of the

assessment roll as filed by the board or as changed by the court. One (1) copy of the

assessment roll shall be retained by the clerk and recorded as part of the drainage

record. If land in any other county is assessed, another copy of the assessment roll

so far as it relates to land in that county shall be filed with the county clerk of that

county.
KRS § 395.250 — KY Code / Title XXXIV / Chapter 395 / Section 395.250
395.250 Inventory -- When to be returned -- Copies are evidence
Status: in_force

395.250 Inventory -- When to be returned -- Copies are evidence.

It shall be the duty of a personal representative of a decedent to return an inventory in

duplicate within two (2) months from the time of qualifying as such, to the clerk's office

of the court in which he qualified, the original of which shall be recorded by the clerk and

the duplicate shall be mailed by the clerk to the secretary of revenue. Copies from the

record of the inventory or appraisement shall be prima facie evidence for or against such

representative.