FrankGoortani/open-us-law huggingface dataset:
KRS § 403.646 — KY Code / Title XXXV / Chapter 403 / Section 403.646
403.646 Beginning and concluding collaborative law process
Status: in_force

403.646 Beginning and concluding collaborative law process.

(1) A collaborative law process begins when the parties sign a collaborative law

participation agreement.

(2) A court may not order a party to participate in a collaborative law process over that

party’s objection.

(3) A collaborative law process is concluded by a:

(a) Resolution of a collaborative matter as evidenced by a signed record;

(b) Resolution of a part of the collaborative matter, evidenced by a signed record,

in which the parties agree that the remaining parts of the matter will not be

resolved in the process; or

(c) Termination of the process.

(4) A collaborative law process terminates:

(a) When a party gives notice to other parties in a record that the process is

ended; or

(b) When a party:

1. Begins a proceeding related to a collaborative matter without the

agreement of all parties;

2. In a pending proceeding related to the matter:

a. Initiates a pleading, motion, order to show cause, or request for a

conference with the court;

b. Requests that the proceeding be put on the court's active calendar;

or

c. Takes similar action requiring notice to be sent to the parties; or

3. Except as otherwise provided by subsection (7) of this section,

discharges a collaborative lawyer or a collaborative lawyer withdraws

from further representation of a party.

(5) A party’s collaborative lawyer shall give prompt notice to all other parties in a

record of a discharge or withdrawal.

(6) A party may terminate a collaborative law process with or without cause.

(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a

collaborative law process continues if, not later than thirty (30) days after the date

that the notice of the discharge or withdrawal of a collaborative lawyer required by

subsection (5) of this section is sent to the parties:

(a) The unrepresented party engages a successor collaborative lawyer; and

(b) In a signed record:

1. The parties' consent to continue the process by reaffirming the

collaborative law participation agreement;

2. The agreement is amended to identify the successor collaborative

lawyer; and

3. The successor collaborative lawyer confirms the lawyer’s representation

of a party in the collaborative process.

(8) A collaborative law process does not conclude if, with the consent of the parties, a

party requests a court to approve a resolution of the collaborative matter or any part

thereof as evidenced by a signed record.

(9) A collaborative law participation agreement may provide additional methods of

concluding a collaborative law process.
KRS § 299.990 — KY Code / Title XXV / Chapter 299 / Section 299.990
299.990 Penalties
Status: in_force

299.990 Penalties.

(1) Any officer, manager, director or agent of a domestic company who consents to aid

or promotes any transfer or reinsurance of a risk in violation of KRS 299.210 shall

be fined not more than five hundred dollars ($500).

(2) Any officer or director who fails to comply with any of the provisions of subsection

(3) of KRS 299.400 shall be fined not less than fifty dollars ($50) nor more than one

thousand dollars ($1,000) for each offense. Each thirty (30) days that an action

required by that subsection is delayed shall be deemed a separate offense.

(3) Any officer of a company, as defined in subsection (4) of KRS 299.010, who

violates any of the provisions of KRS 299.310 to 299.470, except subsection (3) of

KRS 299.400, shall be fined not less than ten dollars ($10) nor more than five

hundred dollars ($500). He shall also be personally liable for any loss caused by

such violation, either to the company or any member.
KRS § 11A.090 — KY Code / Title III / Chapter 11A / Section 11A.090
11A.090 Subpoena power
Status: in_force

11A.090 Subpoena power.

For the purpose of carrying out a preliminary investigation, the commission may issue

subpoenas to compel the attendance and testimony of witnesses or the production of

documents, books, papers, or other records. Subpoenas may be issued by the chairman or

the majority of the members of the commission and shall be served in the same manner as

subpoenas for witnesses in civil cases. All provisions of law relative to subpoenas issued

in such cases, including compensation of witnesses, shall apply to subpoenas issued by

the commission. Upon petition by the commission, any Circuit Court within the

jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a

subpoena or order of the commission, issue an order requiring compliance. Any failure to

obey the order of the court may be punished by the court as contempt thereof.
KRS § 227.630 — KY Code / Title XIX / Chapter 227 / Section 227.630
227.630 Grounds for denial, suspension, or revocation of license or certificate of acceptability -- Payments in lieu of suspension
Status: in_force

227.630 Grounds for denial, suspension, or revocation of license or

certificate of acceptability -- Payments in lieu of suspension.

(1) A license, certification, or certificate of acceptability may be denied,

suspended, or revoked on the following grounds:

(a) A showing of insolvency in a court of competent jurisdiction;

(b) Material misstatement in application for license, certification, or certificate

of acceptability;

(c) Willful failure to comply with any provisions of KRS 227.550 to 227.660 or

any administrative regulation promulgated by the department under KRS

227.550 to 227.660;

(d) Willfully defrauding any buyer;

(e) Willful failure to perform any written agreement with any buyer or retailer;

(f) Failure to have or to maintain an established place of business;

(g) Failure to furnish or maintain the required insurance;

(h) Making a fraudulent sale, transaction, or repossession;

(i) Employment of fraudulent devices, methods, or practices in connection

with the requirements under the statutes of this state with respect to the

retaking of goods under retail installment contracts and the redemption

and resale of such goods;

(j) Failure by a retailer to put the title to a manufactured home, mobile home,

or recreational vehicle in his name after said retailer has acquired

ownership of the manufactured home, mobile home, or recreational

vehicle by trade or otherwise; or

(k) Violation of any law relating to the sale or financing of manufactured

homes, mobile homes, or recreational vehicles, if in accordance with KRS

Chapter 335B.

(2) If a licensee is a firm or corporation, it shall be sufficient cause for the denial,

suspension, or revocation of a license if any officer, director, or trustee of the

firm or corporation, or any member in case of a partnership, has been guilty of

any act or omission which would be cause for refusing, suspending, or

revoking a license to that party as an individual. Each licensee shall be

responsible for any or all of his or her salespersons while they are acting as

agents of the licensee and within the scope of their authority.

(3) Upon proceedings for the suspension of a license, certification, or certificate of

acceptability for any of the violations enumerated in KRS 227.550 to 227.660,

the licensee or holder of a certificate of acceptability may have the alternative,

subject to the approval of the department, to pay in lieu of part or all of the days

of any suspension the sum of fifty dollars ($50) per day. Payments in lieu of

suspension collected by the department shall be deposited in the State

Treasury and credited to the general expenditure fund.
KRS § 164.7911 — KY Code / Title XIII / Chapter 164 / Section 164.7911
164.7911 Strategic Investment and Incentive Funding Program -- Trust funds -- Interest -- Appropriations
Status: in_force

164.7911 Strategic Investment and Incentive Funding Program -- Trust funds --

Interest -- Appropriations.

(1) There is established and created in the Council on Postsecondary Education a

Strategic Investment and Incentive Funding Program for postsecondary education

to consist of a system of strategic financial assistance awards to institutions,

systems, agencies, and programs of postsecondary education to advance the goals

of postsecondary education as stated in KRS 164.003(2). There are established in

the State Treasury the following individual strategic investment and incentive trust

funds:

(a) A research challenge trust fund;

(b) A comprehensive university excellence trust fund;

(c) A technology initiative trust fund;

(d) A physical facilities trust fund;

(e) A postsecondary workforce development trust fund; and

(f) A student financial aid and advancement trust fund.

(2) The funding program and the individual trust funds are created to provide financial

assistance to the institutions, systems, agencies, and programs of postsecondary

education each fiscal biennium. It is the intent of the General Assembly to make

appropriations, including general fund appropriations, each fiscal biennium to each

of the individual trust funds in the funding program in a form and manner consistent

with the strategic agenda adopted by the Council on Postsecondary Education.

Appropriations made to individual trust funds in the Strategic Investment and

Incentive Funding Program shall not lapse at the end of a fiscal year but shall be

carried forward in the respective trust fund accounts and shall be available for

allotment for their respective purposes in the next fiscal year.
KRS § 387.032 — KY Code / Title XXXIII / Chapter 387 / Section 387.032
387.032 Matters to be considered by court when making appointment
Status: in_force

387.032 Matters to be considered by court when making appointment.

In appointing a guardian, limited guardian, or conservator, the District Court shall appoint

any person or entity whose appointment would be in the best interest of the minor, taking

into consideration the ability of the person or entity to manage and preserve the minor's

estate, and taking into consideration the person or entity nominated pursuant to KRS

387.040 or 387.050.
KRS § 12.357 — KY Code / Title III / Chapter 12 / Section 12.357
12.357 Issuance of temporary or regular license or certificate to spouse of active duty member of Armed Forces
Status: in_force

12.357 Issuance of temporary or regular license or certificate to spouse of active

duty member of Armed Forces.

(1) Notwithstanding any other statute to the contrary, an administrative body shall

issue, without requiring the payment of dues or fees, a temporary or regular license

or certificate within thirty (30) days to the spouse of a current member of the Armed

Forces of the United States if the spouse of the service member meets the statutory

requirements of the administrative body and applies to the administrative body in a

format promulgated in administrative regulation by the administrative body.

(2) An application for temporary or regular licensure of the spouse of a current member

of the Armed Forces of the United States shall include but not be limited to the

following:

(a) Proof that the applicant is married to a current member of the Armed Forces

of the United States;

(b) Proof that the applicant holds a valid license or certificate for the profession

issued by another state, the District of Columbia, or any possession or territory

of the United States; and

(c) Proof that the applicant's spouse is assigned to a duty station in this state.

(3) A temporary license issued pursuant to this section shall expire six (6) months after

the date of issuance and is not renewable.

(4) (a) Notwithstanding any other statute to the contrary, except as provided in

paragraph (b) of this subsection, an administrative body shall initially issue or

renew any regular occupational license to the spouse of a current member of

the Armed Forces of the United States if:

1. The spouse meets the statutory requirements for initial issuance or

renewal of the occupational license by the administrative body;

2. The spouse applies for the initial issuance or renewal of the occupational

license to the administrative body in a format promulgated in

administrative regulation by the administrative body; and

3. The spouse's application for the initial issuance or renewal of the

occupational license is submitted to the administrative body before the

regular application deadline for the original license or renewal.

(b) An administrative body that requires payment of dues or fees for the

submission of an electronic application for an occupational license shall,

within thirty (30) days, refund the dues or fees paid by a spouse of a current

member of the Armed Forces of the United States if the provisions of

paragraph (a) of this subsection are met.
KRS § 439.344 — KY Code / Title XL / Chapter 439 / Section 439.344
439.344 Effect of parole time on sentence -- Exceptions
Status: in_force

439.344 Effect of parole time on sentence -- Exceptions.

The period of time spent on parole shall count as a part of the prisoner's sentence, except

when a parolee is:

(1) Returned to prison as a parole violator for a new felony conviction;

(2) Returned to prison as a parole violator after charges have been filed or an

indictment has been returned for a felony offense committed while on parole and

the prisoner is subsequently convicted of that offense;

(3) Returned to prison as a parole violator and is subsequently convicted of a felony

offense committed while on parole;

(4) Returned to prison as a parole violator for absconding from parole supervision,

except that the time spent on parole prior to absconding shall count as part of the

prisoner's sentence;

(5) Returned to prison as a parole violator and it is subsequently determined that he or

she owes restitution pursuant to KRS 439.563 and has an arrearage on that

restitution. Any credit withheld pursuant to this subsection shall be reinstated when

the arrearage is paid in full;

(6) Classified as a violent offender pursuant to KRS 439.3401; or

(7) A registered sex offender pursuant to KRS 17.500 to 17.580.
KRS § 151.182 — KY Code / Title XII / Chapter 151 / Section 151.182
151.182 Notice of violation and hearing thereon -- Demand for hearing on denial, modification or revocation of permit
Status: in_force

151.182 Notice of violation and hearing thereon -- Demand for hearing on denial,

modification or revocation of permit.

(1) Whenever the cabinet has reason to believe that a violation of any of the provisions

of this chapter or any regulation promulgated pursuant thereto has occurred, it may

issue and serve upon the person complained against a written notice of the provision

of this chapter or the regulation alleged to have been violated and the facts alleged

to constitute the violation thereof. Further, this notice shall require the person so

complained against to answer the charges set out in the notice at a hearing before

the cabinet at a time not less than thirty (30) days after the date of notice unless the

person complained against waives in writing the thirty (30) day period.

(2) Except as provided in KRS 151.297 regarding emergency situations, any person not

previously heard in connection with the issuance of any order or the making of any

final determination by which he considers himself aggrieved may file with the

cabinet a petition alleging that the order or final determination is contrary to law or

fact and is injurious to him, alleging the grounds and reasons therefor, and demand

a hearing. An order or final determination includes, but is not limited to, the

issuance, denial, modification, or revocation of a permit, but does not include the

issuance of a notice of violation, the issuance of a letter identifying deficiencies in

an application for a permit, a registration or a certification, or other nonfinal

determinations. Unless the cabinet considers that the petition is frivolous, it shall

serve written notice of the petition on each person named therein and shall schedule

a hearing before the cabinet not less than thirty (30) days after the date of such

notice, or unless the person complained against waives in writing the thirty (30) day

period. The right to demand a hearing pursuant to this section shall be limited to a

period of thirty (30) days after the petitioner has had actual notice of the order or

final determination complained of, or could reasonably have had such notice.
KRS § 440.010 — KY Code / Title XL / Chapter 440 / Section 440.010
440.010 Warrant for escaped or inadvertently-released convict -- Reward
Status: in_force

440.010 Warrant for escaped or inadvertently-released convict -- Reward.

(1) If a convict escapes from a penitentiary, or is inadvertently released prior to the

expiration of the sentence, the warden of that penitentiary shall issue a warrant

directed to all peace officers and other persons authorizing and requiring them to

capture and convey the convict to the penitentiary.

(2) If a convict who is committed to the custody of the Department of Corrections, but

is not actually confined in a facility operated by the Department of Corrections,

escapes, or is inadvertently released prior to the expiration of the sentence, the

commissioner of the Department of Corrections, or the commissioner's designee,

shall issue a warrant directed to all peace officers and other persons authorizing and

requiring them to capture and convey the convict to the penitentiary.

(3) Any person who captures and conveys an escaped convict back to the penitentiary

shall be paid a reward of one hundred dollars ($100), and all reasonable expenses,

by the state out of appropriations for that purpose. The warden may employ persons

to go in pursuit of the convict, and they shall be paid a reasonable compensation for

their services.

(4) Any officer who refuses or willfully neglects to obey the warrant of the warden shall

be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).
KRS § 211.651 — KY Code / Title XVIII / Chapter 211 / Section 211.651
211.651 Definitions for KRS 211.651 to 211.670
Status: in_force

211.651 Definitions for KRS 211.651 to 211.670.

As used in KRS 211.651 to 211.670, unless the context otherwise requires:

(1) "Cabinet" means the Cabinet for Health and Family Services;

(2) "Secretary" means the secretary of the Cabinet for Health and Family Services;

(3) "Department" means the Department for Public Health; and

(4) "Designee" means a local health department, board for mental health or individuals

with an intellectual disability, or other governmental or private agency designated

by the Department for Public Health.
KRS § 205.8457 — KY Code / Title XVII / Chapter 205 / Section 205.8457
205.8457 Responsibility of managed care primary physician
Status: in_force

205.8457 Responsibility of managed care primary physician.

Any provider agreeing to participate as a managed care primary physician of the state's

Medical Assistance Program shall be responsible for prior approval of all medical-related

services and goods, except transportation, of recipients assigned to the primary

physician's care as set forth under administrative regulation promulgated by the Cabinet

for Health and Family Services pursuant to KRS Chapter 13A. No primary physician may

delegate that primary physician's authority to anyone except a provider designated by the

managed care primary physician to temporarily be responsible for the primary physician's

managed care patients during the primary physician's absence. The temporarily designated

provider shall be approved by the Department for Medicaid Services. Procedures for

delegation of authority to a temporarily designated provider shall be approved by the

Department for Medicaid Services in accordance with any applicable federal laws or

regulations.
KRS § 365.510 — KY Code / Title XXIX / Chapter 365 / Section 365.510
365.510 Applicability of law
Status: in_force

365.510 Applicability of law.

KRS 365.490 to 365.510 and 365.993 does not apply to persons engaged in selling goods,

wares or merchandise to persons engaged in the construction business.
KRS § 2.081 — KY Code / Title I / Chapter 2 / Section 2.081
2.081 State agricultural insect
Status: in_force

2.081 State agricultural insect.

The honeybee is named and designated as the official state agricultural insect of

Kentucky.
KRS § 212.641 — KY Code / Title XVIII / Chapter 212 / Section 212.641
212.641 Definition of "city."
Status: in_force

212.641 Definition of "city."

As used in KRS 212.640 to 212.710, "city" means an incorporated city in the

Commonwealth of Kentucky containing a population equal to or greater than fifteen

thousand (15,000) based upon the most recent federal decennial census.
KRS § 262.540 — KY Code / Title XXI / Chapter 262 / Section 262.540
262.540 Referendum on discontinuance -- Form of question -- Effect of informalities
Status: in_force

262.540 Referendum on discontinuance -- Form of question -- Effect of

informalities.

(1) Within sixty (60) days after a petition for discontinuance of a district has been

received by the commission it shall give due notice of the holding of a referendum,

supervise the referendum and issue appropriate regulations governing the conduct

of the referendum.

(2) The question shall be submitted to the voters in the following form: "For

terminating the existence of the .... (name of the district)" and "Against terminating

the existence of the .... (name of the district)." The voters shall be instructed to vote

"yes" for one or the other of the propositions, as the voter may favor or oppose

discontinuance of the district. Only owners of lands lying within the boundaries of

the district may vote in the referendum.

(3) No informalities in the conduct of the referendum or in any matters relating to the

referendum shall invalidate it or its result if notice of the referendum shall have

been given substantially as provided in subsection (1) and the referendum has been

fairly conducted.
KRS § 216A.090 — KY Code / Title XVIII / Chapter 216A / Section 216A.090
216A.090 Renewal of license
Status: in_force

216A.090 Renewal of license.

Every holder of a long-term care administrator's license shall renew his or her license

biennially by making application to the board either online via Internet access or on forms

provided therefor. The board may refuse to renew any license for failure to comply with

the provisions of this chapter or the administrative regulations promulgated under this

chapter, including continuing education requirements.
KRS § 217.821 — KY Code / Title XVIII / Chapter 217 / Section 217.821
217.821 Judicial review
Status: in_force

217.821 Judicial review.

Any person or party in interest aggrieved by the publication of the nonequivalent drug

product formulary of the Board of Pharmacy shall be entitled to a judicial review in

Franklin County Circuit Court.
KRS § 338.101 — KY Code / Title XXVII / Chapter 338 / Section 338.101
338.101 Authority of commissioner
Status: in_force

338.101 Authority of commissioner.

(1) In order to carry out the purposes of this chapter, the commissioner or the

commissioner's authorized representative shall have the authority:

(a) To enter without delay and advance notice any place of employment during

regular working hours and at other reasonable times in order to inspect such

places, question privately any such employer, owner, operator, agent,

employee, or employee's representative, and investigate such facts, conditions,

practices, or matters deemed appropriate to determine the cause of, or to

prevent the occurrence of, any occupational injury or illness.

(b) To administer oaths, take depositions, conduct hearings, take photographs,

review any and all accident and illness records, and secure any other evidence

deemed necessary to evaluate any occupational safety and health hazard in

order to ascertain whether any person has violated any provision of this

chapter or regulations issued pursuant thereto.

(2) If an employer refuses such entry, then the commissioner may apply to the Franklin

Circuit Court for an order to enforce the right of entry.