FrankGoortani/open-us-law huggingface dataset:
KRS § 292.490 — KY Code / Title XXV / Chapter 292 / Section 292.490
292.490 Judicial review of orders
Status: in_force

292.490 Judicial review of orders.

Any person aggrieved by a final order of the commissioner may obtain a review of the

order by filing in accordance with KRS Chapter 13B in the Franklin Circuit Court, within

thirty (30) days after the entry of the order, a written petition praying that the order be

modified or set aside in whole or in part. A copy of the petition shall be forthwith served

upon the commissioner, and thereupon the commissioner shall certify and file in court a

copy of the filing, testimony, and other evidence upon which the order was entered. When

these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or

set aside the order, in whole or in part. No objection to the order may be considered by

the court unless it was urged before the commissioner or there were reasonable grounds

for failure to do so. The findings of the commissioner as to the facts, if supported by

substantial evidence, are conclusive. If either party applies to the court for leave to adduce

additional evidence, and shows to the satisfaction of the court that the additional evidence

is material and that there were reasonable grounds for failure to adduce the evidence in

the hearing before the commissioner, the court may order the additional evidence to be

taken before the commissioner and to be adduced upon the hearing in such manner and

upon such conditions as the court may consider proper. The commissioner may modify

his or her findings as to the facts, by reason of the additional evidence so taken; and the

commissioner shall file any modified or new findings, which if supported by substantial

evidence shall be conclusive, and any recommendation for the modification or setting

aside of the original order. The commencement of proceedings under this section does

not, unless specifically ordered by the court, operate as a stay of the commissioner's order.

An appeal may be taken from the judgment of the Franklin Circuit Court on any such

appeal to the Court of Appeals on the same terms and conditions as an appeal is taken in

civil actions.
KRS § 176.054 — KY Code / Title XV / Chapter 176 / Section 176.054
176.054 Obtaining trees to carry out KRS 176.053
Status: in_force

176.054 Obtaining trees to carry out KRS 176.053.

The Energy and Environment Cabinet shall furnish to the Department of Highways such

seedlings or young trees as the department may require, or as may be available. The

Department of Highways shall pay to the Energy and Environment Cabinet the reasonable

value thereof as may be agreed upon between such departments.
KRS § 369.112 — KY Code / Title XXIX / Chapter 369 / Section 369.112
369.112 Retention of electronic records -- Originals
Status: in_force

369.112 Retention of electronic records -- Originals.

(1) If a law requires that a record be retained, the requirement is satisfied by retaining

an electronic record of the information in the record which:

(a) Accurately reflects the information set forth in the record after it was first

generated in its final form as an electronic record or otherwise; and

(b) Remains accessible for later reference.

(2) A requirement to retain a record in accordance with subsection (1) of this section

does not apply to any information the sole purpose of which is to enable the record

to be sent, communicated, or received.

(3) A person may satisfy subsection (1) of this section by using the services of another

person if the requirements of that subsection are satisfied.

(4) If a law requires a record to be presented or retained in its original form, or provides

consequences if the record is not presented or retained in its original form, that law

is satisfied by an electronic record retained in accordance with subsection (1) of this

subsection.

(5) If a law requires retention of a check, that requirement is satisfied by retention of an

electronic record of the information on the front and back of the check in

accordance with subsection (1) of this subsection.

(6) A record retained as an electronic record in accordance with subsection (1) of this

section satisfies a law requiring a person to retain a record for evidentiary, audit, or

like purposes, unless a law enacted after August 1, 2000, specifically prohibits the

use of an electronic record for the specified purpose.

(7) This section does not preclude a governmental agency of this state from specifying

additional requirements for the retention of a record subject to the agency's

jurisdiction.
KRS § 178.020 — KY Code / Title XV / Chapter 178 / Section 178.020
178.020 Roads, bridges, and landings continued -- Removal from through road system
Status: in_force

178.020 Roads, bridges, and landings continued -- Removal from through road

system.

Every county road, bridge, and landing, and every city street and alley heretofore lawfully

established and opened and not lawfully discontinued or vacated shall continue as such,

until properly discontinued. Every road, street, and alley, used and occupied as a public

road, street, or alley, shall be presumed to be a public road, street, or alley, as the case

may be. Nothing in this section shall be interpreted as interfering with the right of the

fiscal court of a county containing a city of the first class or a consolidated local

government from detaching a road or a portion thereof from the county through road

system.
KRS § 64.320 — KY Code / Title VIII / Chapter 64 / Section 64.320
64.320 Surveyors
Status: in_force

64.320 Surveyors.

Any court shall pay or order payment, as the case may be, of reasonable compensation

relating to the nature of the work to the county surveyor, and his agents who assist him,

for any services it orders the surveyor to perform pursuant to KRS 73.040. The surveyor

may refuse to deliver to any party or file in court any plat or report of survey until his fees

for making it have been paid.
KRS § 136.614 — KY Code / Title XI / Chapter 136 / Section 136.614
136.614 Compensation to collect and timely remit excise tax
Status: in_force

136.614 Compensation to collect and timely remit excise tax.

To reimburse the provider for the cost of collecting and remitting the tax imposed under

KRS 136.604, the provider may deduct on each return one and three-fourths percent

(1.75%) of the first one thousand dollars ($1,000) of tax due and one percent (1%) of the

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

claimed per taxpayer in any month shall not exceed one thousand five hundred dollars

($1,500), if the amount due is not delinquent at the time of payment. This section does

not apply to purchasers who report the tax directly to the department under KRS

136.606(2).
KRS § 434.330 — KY Code / Title XL / Chapter 434 / Section 434.330
434.330 Broker not to pledge or dispose of customer's securities without customer's consent
Status: in_force

434.330 Broker not to pledge or dispose of customer's securities without customer's

consent.

Any broker who has in his possession any money, stocks, bonds, securities, or other

things of value belonging to a customer, without having any lien on them or any special

property in them, and pledges them or disposes of them without the customer's consent,

shall be guilty of a Class D felony.
KRS § 262.520 — KY Code / Title XXI / Chapter 262 / Section 262.520
262.520 Appeal from board of adjustment
Status: in_force

262.520 Appeal from board of adjustment.

Any petitioner who has been aggrieved by an order of the board of adjustment granting or

denying, in whole or in part, the relief sought, or the board of the district or any

intervening party may obtain a review of the order of the board of adjustment in the

Circuit Court for the county within which the lands of the petitioner lie, by filing in that

court a petition with a copy of the order complained of praying that the order of the board

of adjustment be modified or set aside. When such a petition is filed with the clerk of the

Circuit Court, he shall issue summons on that petition, directed to be served on the

chairman of the board of the district. The practice and proceedings on any and all such

petitions shall then be the same as that provided in the Kentucky Rules of Civil Procedure

with the right of the parties to appeal to the Court of Appeals.
KRS § 275.525 — KY Code / Title XXIII / Chapter 275 / Section 275.525
275.525 Loans to members and managers by nonprofit limited liability company prohibited -- Exception for some business entities
Status: in_force

275.525 Loans to members and managers by nonprofit limited liability company

prohibited -- Exception for some business entities.

(1) Unless a nonprofit limited liability company has only business entities formed for a

nonprofit purpose as its members, no loan shall be made by the company to its

members or managers, and any member or manager who assents to or participates in

the making of a loan violating this prohibition shall be liable to the company for the

amount of the loan until its repayment.

(2) No loan shall be made by a nonprofit limited liability company to its managers, and

any member or manager who assents to or participates in the making of a loan

violating this prohibition shall be liable to the company for the amount of the loan

until its repayment.
KRS § 106.030 — KY Code / Title IX / Chapter 106 / Section 106.030
106.030 Provisions of chapter are alternative
Status: in_force

106.030 Provisions of chapter are alternative.

This chapter shall not affect the provisions of any other laws providing any alternate plan

for the acquisition and operation of water systems.
KRS § 299.215 — KY Code / Title XXV / Chapter 299 / Section 299.215
299.215 Fees of Department of Insurance
Status: in_force

299.215 Fees of Department of Insurance.

(1) The commissioner shall collect and pay into the State Treasury the following fees

relative to assessment or cooperative life or casualty insurance companies:

(a) For filing a copy of articles of incorporation of the company, $10; and

(b) For filing annual statement of the company, $10.

(2) No other charges than those provided in this section shall be made against

assessment or cooperative life or casualty insurance companies by the Department

of Insurance unless agreed to by the respective companies.
KRS § 42.540 — KY Code / Title VI / Chapter 42 / Section 42.540
42.540 Annual reports of nonprofit fiduciary holding funds for benefit of state organization
Status: in_force

42.540 Annual reports of nonprofit fiduciary holding funds for benefit of state

organization.

Notwithstanding KRS 41.290, every nonprofit fiduciary holding funds for the benefit of

any form of state organization, including, but not limited to, Eastern Kentucky University,

Kentucky State University, Morehead State University, Murray State University,

Northern Kentucky University, University of Kentucky, University of Louisville, Western

Kentucky University, Kentucky Community and Technical College System, and the State

Fair Board shall make a report according to generally accepted accounting principles of

all money received and disbursed during each fiscal year, on or before the fifteenth of

July, showing receipts, expenditures, depositories, rates of interest paid by depositories,

investments, and rates of return in investments to the Office of the Controller. These

fiduciaries include, but are not limited to, Eastern Kentucky University Foundation;

Kentucky State University Foundation, Inc.; Morehead State University Foundation, Inc.;

Morehead Alumni Foundation, Inc.; Eagle Athletic Foundation, Inc.; Murray State

University Foundation; Northern Kentucky University Foundation, Inc.; University of

Kentucky Research Foundation; University of Kentucky Athletics Association; the Fund

for the Advancement of Education and Research in the University of Kentucky Medical

Center; Health Care Collection Service, Inc.; McDowell Cancer Network, Inc.; University

of Kentucky-Business Partnership Foundation, Inc.; Kentucky Medical Services

Foundation, Inc.; University of Louisville Foundation, Inc.; University of Louisville

Hospital, Inc.; University of Louisville Institute of Industrial Research, Inc.; University of

Louisville Medical School Fund, Inc.; the College Heights Foundation; KFEC Research

and Development Foundation, Inc.; Kentucky Export Resources Authority, Inc.; and all

similar nonprofit fiduciaries for the benefit of any form of state organization and their

successors.
KRS § 311.672 — KY Code / Title XXVI / Chapter 311 / Section 311.672
311.672 Definitions for 311.671 to 311.686
Status: in_force

311.672 Definitions for 311.671 to 311.686.

In KRS 311.671 to 311.686, the following words and phrases shall have the meanings

given to them, unless the context clearly indicates otherwise:

(1) "Acupuncturist" means an individual licensed to practice acupuncture by the board;

(2) "Board" means the State Board of Medical Licensure;

(3) "Committee" means the Acupuncture Advisory Committee under the State Board of

Medical Licensure;

(4) "Licensure" means licensure by the board to practice acupuncture; and

(5) "Practice of acupuncture" means the insertion of acupuncture needles, with or

without accompanying electrical or thermal stimulation, at certain acupuncture

points or meridians on the surface of the human body for purposes of changing the

flow of energy in the body and may include acupressure, cupping, moxibustion, or

dermal friction. The practice of acupuncture shall not include laser acupuncture,

osteopathic manipulative treatment, chiropractic adjustments, physical therapy, or

surgery.
KRS § 70.410 — KY Code / Title IX / Chapter 70 / Section 70.410
70.410 Motion against constable or deputy constable -- Notice
Status: in_force

70.410 Motion against constable or deputy constable -- Notice.

Recovery on the constable's or deputy constable's bond may be had by motion. At least

ten (10) days' notice, specifying the grounds of the motion, shall be given. If not executed

on all persons liable on the bond, the motion may proceed against those notified.
KRS § 67.120 — KY Code / Title IX / Chapter 67 / Section 67.120
67.120 Clerk, deputy clerk, and stenographer of fiscal court and of the legislative council of a consolidated local government
Status: in_force

67.120 Clerk, deputy clerk, and stenographer of fiscal court and of the legislative

council of a consolidated local government.

(1) Except in counties containing a city of the first class or a consolidated local

government, the county clerk, at his option, shall be clerk of the fiscal court. He

shall attend its sessions and keep a full and complete record of all its proceedings,

with a proper index. For his services as clerk of the fiscal court, he shall receive an

annual salary fixed at a reasonable amount by the fiscal court and paid in monthly

installments out of the county treasury. The salary must be fixed not later than the

first Monday in May in the year in which county clerks are elected. If the county

clerk chooses not to be the clerk of the fiscal court, the fiscal court may select a

clerk according to the provisions of subsection (2) of this section.

(2) Except in a consolidated local government, the fiscal court of each county in this

Commonwealth in which there is located a city of the first class shall have a clerk,

and may have a deputy clerk and may employ a stenographer, all of whom shall

attend its sessions and keep a full and correct record of all the proceedings of the

court, together with a complete index, and who in addition shall perform such duties

as may be required of them by the court. The fiscal court shall appoint a clerk who

shall serve at the pleasure of the fiscal court. The clerk shall execute bond to be

approved by the fiscal court. He shall receive an annual salary which shall be fixed

by the court and paid in monthly installments out of the county levy. The court may

appoint a deputy clerk and a stenographer who shall qualify by taking the

constitutional oath and who shall serve at the will of the court. The salary of the

deputy clerk and the stenographer shall be fixed by the court and paid in monthly

installments out of the county levy.

(3) The legislative council of a consolidated local government shall have a clerk, and

may have a deputy clerk and may employ a stenographer, all of whom shall attend

its sessions and keep a full and correct record of all the proceedings of the council,

together with a complete index, and who in addition shall perform such duties as

may be required of them by the council. The legislative council shall appoint a clerk

who shall serve at the pleasure of the council. The clerk shall execute bond to be

approved by the council. He or she shall receive an annual salary which shall be

fixed by the council. The council may appoint a deputy clerk and a stenographer, to

assist in the official duties of the clerk, who shall qualify by taking the

constitutional oath and who shall serve at the will of the council. The salaries of the

deputy clerk and the stenographer shall be fixed by the council.
KRS § 149.040 — KY Code / Title XII / Chapter 149 / Section 149.040
149.040 Control over property -- No adverse possession -- Cooperation with governmental agencies
Status: in_force

149.040 Control over property -- No adverse possession -- Cooperation with

governmental agencies.

(1) The Energy and Environment Cabinet has complete control over all property

acquired or leased by it. It may post all forest reserves and may eject all trespassers

from property under its control.

(2) No person shall injure any property under its control, or interfere in any manner

with the management and supervision of the property.

(3) No person shall acquire title by adverse possession to any property under control of

the cabinet.

(4) The cabinet may cooperate with any department of the state or the federal

government, for the purpose of protecting and propagating fish and game.
KRS § 56.874 — KY Code / Title VII / Chapter 56 / Section 56.874
56.874 Contracts with federal government for flood control projects requiring General Assembly approval
Status: in_force

56.874 Contracts with federal government for flood control projects requiring

General Assembly approval.

Notwithstanding any statutory provision to the contrary, no individual, agency, authority,

board, cabinet, commission, corporation, or other entity of, or representing the

Commonwealth of Kentucky shall enter into any contract with any instrumentality of the

federal government for the acquisition or construction of any flood control project, when

the satisfaction of said contract requires, or could require, the appropriation of state funds

not yet appropriated, without first obtaining approval of the General Assembly sitting in

regular or special session.
KRS § 268.250 — KY Code / Title XXII / Chapter 268 / Section 268.250
268.250 Chief engineer -- Powers and duties -- Report -- Compensation of engineers
Status: in_force

268.250 Chief engineer -- Powers and duties -- Report -- Compensation of

engineers.

(1) When the board undertakes to establish or construct any improvement, it shall

appoint a competent civil engineer as chief engineer, who may be an individual or a

corporation, and who shall engage such assistants as the board approves. The chief

engineer shall have control of the engineering work in the district. He may, with the

consent of the board, consult any eminent engineer and obtain his opinion and

advice concerning the plans for the district. He shall make all necessary surveys of

the property within the district, and of any adjacent property that may be affected.

(2) The engineer shall make a written report to the board, with maps and profiles of the

surveys, containing a plan for draining, leveeing and reclaiming the property from

overflow or damage by water. These maps and profiles shall also indicate, so far as

necessary, the physical characteristics of the land and the location of any cities,

public roads, streets, railroads, drains and other property located on the land. The

report shall also contain an accurate description of each tract of land within the

district, giving the name of the owner and his post office address, and a statement

showing the quantity of land. The report shall also include a property map, showing

the boundary of each tract of land, the quantity of land in each tract, the name of the

owner, and all streams, roads, railroads, and the location of all proposed

improvements. Everything filed by the engineer shall be made in triplicate by him,

one (1) marked original and the others duplicates. The original shall not be

withdrawn from the custody of the secretary of the board, but the duplicates may be

withdrawn for use by the viewers, the board, or for use on the work by the engineer

or contractor, receipted for by the person withdrawing it and returned in due time.

(3) The compensation to engineers for making the preliminary survey and plan shall not

exceed ten dollars ($10) per day and actual expenses. The compensation of any

consulting engineer shall not exceed thirty dollars ($30) per day, nor shall a

consulting engineer in any district be employed for more than ten (10) days. All

engineering fees in the organization of a district under employment by the board

shall not exceed five percent (5%) of the gross cost of the improvement made.

When any fees are sought to be allowed in excess of the above schedule and entered

into the total costs as the basis for making the levy of assessments, permission shall

first be obtained from the fiscal court.
KRS § 18A.010 — KY Code / Title III / Chapter 18A / Section 18A.010
18A.010 General purpose of KRS 18A.005 to 18A.200 -- Total number of employees limited
Status: in_force

18A.010 General purpose of KRS 18A.005 to 18A.200 -- Total number of

employees limited.

(1) The general purpose of KRS 18A.005 to 18A.200 is to establish for the state a

system of personnel administration based on merit principles and scientific methods

governing the recruitment, examination, appointment, promotion, transfer, lay-off,

removal, discipline, and welfare of its classified employees and other incidents of

state employment. All appointments and promotions to positions in the state

classified service shall be made solely on the basis of merit and fitness, to be

ascertained by competitive examination, except as hereinafter specified. The

General Assembly finds that this chapter is necessary in order to improve the

morale and motivation of state employees and to gain the maximum utilization of

human resources in order to provide better service to the citizens of this

Commonwealth.

(2) The total number of permanent full-time personnel employed in agencies of the

executive branch shall not exceed thirty-three thousand (33,000).

(3) The provisions of subsection (2) of this section do not apply to teachers, career

guidance coaches and counselors, or school administrators employed in state-

operated area technology centers, or employees of the General Assembly, the

Legislative Research Commission, the Kentucky Higher Education Assistance

Authority, the Kentucky Higher Education Student Loan Corporation, or the Court

of Justice.

(4) As used in this section, "career guidance coach" has the same meaning as in KRS

158.810.