FrankGoortani/open-us-law huggingface dataset:
KRS § 217.138 — KY Code / Title XVIII / Chapter 217 / Section 217.138
217.138 Kentucky Cooperative Extension Service to administer home-based microprocessor program -- Certification by cabinet
Status: in_force

217.138 Kentucky Cooperative Extension Service to administer home-based

microprocessor program -- Certification by cabinet.

(1) The Kentucky Cooperative Extension Service shall develop, implement, and

administer a program to train home-based microprocessors or personnel in

compliance with 21 C.F.R. sec. 114.10.

(2) The cabinet shall evaluate and certify home-based microprocessors or personnel

who have completed the pilot microprocessing program or the microprocessing

program.

(3) The cabinet shall by June 30, 2003:

(a) Establish certification terms, conditions, and length of time the certification is

valid;

(b) Establish terms, conditions, and standards for recertification;

(c) Establish fees for certification and recertification; and

(d) Develop a certification document.

(4) The cabinet and the Kentucky Cooperative Extension Service shall by June 30,

2003:

(a) Develop an examination document;

(b) Establish examination subject matter;

(c) Establish criteria for program completion; and

(d) Establish fees for the pilot microprocessing program and the microprocessing

program.

(5) The certification document shall be made in triplicate, with one (1) copy given to

the home-based microprocessor or personnel, one (1) copy given to the Kentucky

Cooperative Extension Service, and one (1) copy given to the cabinet.

(6) Upon completion of the program, home-based microprocessors and personnel shall

be deemed to be certified and to have met the training requirements pursuant to 21

C.F.R. sec. 114.10.
KRS § 327.075 — KY Code / Title XXVI / Chapter 327 / Section 327.075
327.075 Reinstatement of license or certificate -- Appeal
Status: in_force

327.075 Reinstatement of license or certificate -- Appeal.

(1) The board may reinstate within three (3) years a license or certificate which has

lapsed, upon payment of the prescribed renewal fee and, in addition, the payment of

a reinstatement fee to be promulgated by the board by administrative regulations.

(2) The board may reinstate a license or certificate which has been lapsed for more than

three (3) years, upon showing that the applicant is able to practice with reasonable

competency. In determining competency, the board may require the applicant to

successfully complete all or any part of the required examination.

(3) The board may reinstate a license which has been suspended or revoked under

provisions of this chapter if, after a hearing conducted in accordance with KRS

Chapter 13B, the board determines the applicant is able to practice the profession

with reasonable competency and is able to maintain the ethical code and standards

of practice promulgated by administrative regulation. As a condition of

reinstatement, the board may impose reasonable restrictions under which the

licensee or certificate holder shall practice.

(4) Any person aggrieved by a final order of the board denying, suspending, or revoking

his license or certificate may appeal to the Franklin Circuit Court in accordance

with KRS Chapter 13B.
KRS § 99.420 — KY Code / Title IX / Chapter 99 / Section 99.420
99.420 Eminent domain
Status: in_force

99.420 Eminent domain.

Whenever in the opinion of the agency, land or other property, right of way or easement

over or through any property is needed by the agency in order to accomplish the purposes

of KRS 99.330 to 99.510, it may by resolution authorize the purchase or condemnation in

the name of the agency, of the land or other property, or right of way or easement

necessary for the purpose, and may proceed to condemn and acquire the property pursuant

to the Eminent Domain Act of Kentucky.
KRS § 151B.465 — KY Code / Title XII / Chapter 151B / Section 151B.465
151B.465 Powers and duties
Status: in_force

151B.465 Powers and duties.

All powers, duties, and responsibilities conferred upon the corporation by KRS 151B.450

to 151B.475 shall be exercised by the board of directors of the corporation. They shall

include, but shall not be limited to, the following:

(1) To establish and administer a program for providing low-interest loans to qualified

borrowers through qualified lenders for the acquisition of assistive technology.

(2) To establish criteria for participation in the loan program as a qualified lender or

qualified borrower and to establish the terms and conditions under which loans are

to be made. The board shall contract with one (1) or more federal-approved or state-

approved lending institutions for the purpose of making loans to qualified

borrowers, the qualified borrower having been preapproved by the board consistent

with criteria established by the board and promulgated in administrative regulations.

(3) To enter into agreements, contracts, or other documents with any federal, state, or

local agency or any person, corporation, association, partnership, or other

organization or entity necessary to accomplish the purposes of KRS 151B.450 to

151B.475.

(4) To accept for inclusion in the fund appropriations, grants, revenue sharing, devises,

gifts, bequests, donations, federal grants, and any other aid from any source

whatsoever and to agree to, and to comply with, conditions incident thereto.

(5) To incorporate a nonprofit organization pursuant to KRS Chapter 273 which

qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal

Revenue Code, for the purpose of receiving tax-deductible gifts, donations, and

bequests.

(6) To invest moneys from the fund with qualified lenders for the purposes of providing

interest reductions, interest buy downs, and loan guarantees.

(7) To sue and be sued in its own name.

(8) To adopt an official seal and alter it as necessary.

(9) To promulgate administrative regulations through the cabinet and pursuant to KRS

Chapter 13A to establish the policies and procedures under which the powers,

duties, and responsibilities conferred by KRS 151B.450 to 151B.475 are to be

carried out.
KRS § 148.888 — KY Code / Title XII / Chapter 148 / Section 148.888
148.888 Penalties
Status: in_force

148.888 Penalties.

(1) Any person, corporation, city, county, or other governmental subdivision who

violates any of the provisions of KRS 148.870 to 148.892 shall be liable for a civil

penalty not to exceed five hundred dollars ($500) per day for any violation, and in

addition may be enjoined from continuing the violation. Each day upon which any

violation occurs or continues shall constitute a separate offense.

(2) No person shall trespass on private land adjacent to or within the boundaries of the

trail. Any person who:

(a) Unintentionally violates the provisions of this section shall be subject to a

prepayable fine of one hundred dollars ($100);

(b) Intentionally violates the provisions of this section shall be subject to a

prepayable fine of two hundred dollars ($200); and

(c) Continues to trespass or intentionally violates the provisions of this section

and causes damage to the private property may be prosecuted under the

provisions of KRS Chapter 512.
KRS § 635.520 — KY Code / Title LI / Chapter 635 / Section 635.520
635.520 Responsibility for design of program -- Agreements with public and private agencies
Status: in_force

635.520 Responsibility for design of program -- Agreements with public and

private agencies.

(1) The Department of Juvenile Justice shall have the sole authority and responsibility

for establishing the design of the juvenile sexual offender treatment program but

shall consult with the Administrative Office of the Courts and the Cabinet for

Health and Family Services.

(2) The Department of Juvenile Justice may enter into agreements with public or

private agencies in order to implement and operate the juvenile sexual offender

treatment program.
KRS § 3.265 — KY Code / Title I / Chapter 3 / Section 3.265
3.265 Limitation of jurisdiction ceded
Status: reserved

3.265 Limitation of jurisdiction ceded.

(1) The powers conferred by KRS 3.255 to 3.275 are solely to enable the

Commonwealth and the United States to exercise concurrent legislative jurisdiction

for purposes of criminal law enforcement over United States Department of the

Interior National Park System lands in Kentucky. No other legislative jurisdiction is

ceded by KRS 3.255 to 3.275, and there are specifically reserved over any lands as

to which any legislative jurisdiction may be ceded pursuant to KRS 3.255 to 3.275:

(a) The entire legislative jurisdiction with respect to taxation of the

Commonwealth, and of each state agency, county, urban-county government,

city, special district and other political subdivision;

(b) The entire legislative jurisdiction of the Commonwealth with respect to

marriage, divorce, annulment, adoption, the commitment or other civil

disposition of the mentally incompetent, and the descent and distribution of

property; and

(c) The power to execute any process, civil or criminal, issued under the authority

of the Commonwealth.

(2) No person residing upon such lands shall be deprived of any civil or political rights

by reason of the cession of such legislative jurisdiction to the United States.
KRS § 219.085 — KY Code / Title XVIII / Chapter 219 / Section 219.085
219.085 Human trafficking hotline telephone number to be prominently displayed in specified locations in each hotel -- Penalties
Status: in_force

219.085 Human trafficking hotline telephone number to be prominently displayed

in specified locations in each hotel -- Penalties.

(1) As used in this section, "hotel" means every establishment kept, used, maintained,

advertised, or held out to the public to be a place where sleeping accommodations

are offered to guests, and includes motels.

(2) Every hotel shall post:

(a) In its lobby, stairwells, elevators, or on or beside exit doors, a printed sign in

English and Spanish at least eight and one-half (8-1/2) by eleven (11) inches

in size, with letters in at least sixteen (16) point font; and

(b) In all of its publicly accessible restrooms, either:

1. A printed sign in English and Spanish at least eight and one-half (8-1/2)

by eleven (11) inches in size, with letters in at least sixteen (16) point

font; or

2. A printed transparent static window cling in English and Spanish at least

three (3) inches by three (3) inches in size, with letters in at least ten

(10) point font;

displaying the current telephone hotline number of the National Human Trafficking

Resource Center or any federally funded successor entity.

(3) The sign or window cling shall be:

(a) Created using gender-neutral language supplied by the Office of the Attorney

General, the National Human Trafficking Hotline, or the United States

Department of Homeland Security's Blue Campaign; and

(b) Posted in a prominent place easily seen by patrons.

(4) A hotel in violation of this section shall be subject to a warning on the first violation

and a fine not to exceed fifty dollars ($50) for each subsequent violation. Each day

of noncompliance with this section shall constitute a separate violation. Moneys

collected under this subsection shall be paid to the human trafficking victims fund.
KRS § 325.440 — KY Code / Title XXVI / Chapter 325 / Section 325.440
325.440 Confidentiality of information obtained in practice
Status: in_force

325.440 Confidentiality of information obtained in practice.

(1) A licensee shall not, without the consent of his client, disclose any confidential

information pertaining to his client obtained in the course of performing

professional services.

(2) This section does not:

(a) Relieve a licensee of any obligations under the rules of professional conduct;

(b) Affect in any way a licensee's obligation to comply with a validly issued

subpoena or summons enforceable by order of a court;

(c) Prohibit disclosures in the course of a peer review of a licensee's professional

services; or

(d) Preclude a licensee from responding to any inquiry made by the board or any

investigative or disciplinary body established by law or formally recognized

by the board.

(3) Members of the board and professional practice reviewers shall not disclose any

confidential client information which comes to their attention from licensees in

disciplinary proceedings or otherwise in carrying out their responsibilities, except

that they may furnish such information to an investigative or disciplinary body of

the kind referred to above.
KRS § 269.210 — KY Code / Title XXII / Chapter 269 / Section 269.210
269.210 Powers of corporation as to ditches -- Condemnation of property
Status: in_force

269.210 Powers of corporation as to ditches -- Condemnation of property.

The corporation may extend its ditches, make other ditches, connect with any creek or

stream and straighten or cut across any curve to facilitate drainage, and, when necessary,

take the lands of private persons. The corporation is vested with the right and power of

eminent domain for the condemnation of land that may be necessary, which remedy shall

be pursued as provided by the Eminent Domain Act of Kentucky, the proceedings to be

brought by the corporation in the Circuit Court, providing due compensation to the

owners of land.
KRS § 61.876 — KY Code / Title VIII / Chapter 61 / Section 61.876
61.876 Agency to adopt rules and regulations -- Standardized form to request public records
Status: in_force

61.876 Agency to adopt rules and regulations -- Standardized form to request

public records.

(1) Each public agency shall adopt rules and regulations in conformity with the

provisions of KRS 61.870 to 61.884 to provide full access to public records, to

protect public records from damage and disorganization, to prevent excessive

disruption of its essential functions, to provide assistance and information upon

request and to ensure efficient and timely action in response to application for

inspection, and such rules and regulations shall include but shall not be limited to:

(a) The principal office of the public agency and its regular office hours;

(b) The title, mailing address, and e-mail address of the official custodian of the

public agency's records;

(c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for

copies;

(d) The procedures to be followed in requesting public records.

(2) Each public agency shall display in a prominent location accessible to the public,

including on its Web site:

(a) A copy of its rules and regulations pertaining to public records;

(b) The mailing address, e-mail address, and phone number of the official

custodian of the records or his or her designee to which all requests for public

records shall be made; and

(c) The form developed by the Attorney General under subsection (4) of this

section that may be used to request public records.

(3) The Finance and Administration Cabinet may promulgate administrative regulations

pursuant to KRS Chapter 13A, pertaining to public records, for all state

administrative agencies, except for the Legislative Research Commission and the

Administrative Office of the Courts, each of which may promulgate administrative

regulations for their respective agencies, pertaining to public records.

(4) The Attorney General shall promulgate by administrative regulation under KRS

Chapter 13A a standardized form that may be used to request public records from a

public agency. The form shall not allow any request for information other than the

following:

(a) The name of the requesting party;

(b) The mailing or e-mail address of the requesting party, if copies of records are

requested;

(c) Whether the request is for a commercial purpose;

(d) A description of the documents requested;

(e) A statement that the person making the request:

1. Is a resident of the Commonwealth under KRS 61.870(10); and

2. The statement includes the manner in which the requester is a resident of

the Commonwealth under KRS 61.870(10)(a) to (f); and

(f) The signature of the requesting party.

(5) The Attorney General shall make the form readily available to the public, including

on the Attorney General's Web site. The form shall be accepted by every public

agency for any request for public records made on or after June 29, 2021.
KRS § 43.040 — KY Code / Title VI / Chapter 43 / Section 43.040
43.040 Duty of Auditor at end of term
Status: in_force

43.040 Duty of Auditor at end of term.

(1) Upon the expiration of the Auditor's term of office, the Auditor shall file a

certification of the inventory of the office with the Secretary of State and shall

deliver the inventory to the Auditor's successor.

(2) In the event of a vacancy in the office of Auditor, the deputy auditor shall file a

certification of the inventory of the office with the Secretary of State and shall

deliver the inventory to the Auditor's successor.
KRS § 7.380 — KY Code / Title II / Chapter 7 / Section 7.380
7.380 Confidentiality of information
Status: in_force

7.380 Confidentiality of information.

KRS 7.310 to 7.380 do not authorize or permit the publication of information prohibited

by law.
KRS § 186.435 — KY Code / Title XVI / Chapter 186 / Section 186.435
186.435 Application for operator's license by driver who becomes Kentucky resident -- Verification of status in other jurisdiction -- Procedures for permanent residents -- Application of driver who becomes Kentucky resident
Status: in_force

186.435 Application for operator's license by driver who becomes Kentucky

resident -- Verification of status in other jurisdiction -- Procedures for

permanent residents -- Application of driver who becomes Kentucky resident.

(1) Except as provided in subsection (4) of this section, a licensed driver who becomes

a Kentucky resident shall, within thirty (30) days of establishing residency, apply

for a Kentucky operator's license to the Transportation Cabinet.

(2) The Transportation Cabinet shall, before issuing a person a Kentucky operator's

license, verify through the National Drivers Register that the person applying for a

Kentucky operator's license does not currently have his or her operator's license or

driving privilege suspended or revoked in another licensing jurisdiction.

(3) A person who is not a United States citizen but who has been granted permanent

resident status by the United States Department of Homeland Security, United

States Bureau of Citizenship and Immigration Services, and who is a Kentucky

resident, shall follow the same procedures for applying for an original, renewal,

transfer, or duplicate operator's license as persons who are United States citizens.

(4) A licensed driver from another jurisdiction who:

(a) Is not a United States citizen;

(b) Has not been granted permanent resident status by the United States

Department of Homeland Security, United States Bureau of Citizenship and

Immigration Services;

(c) Becomes a Kentucky resident; and

(d) Wishes to operate a motor vehicle;

shall, within thirty (30) days of establishing residency, apply for a Kentucky

operator's license under the provisions of KRS 186.4121.
KRS § 234.288 — KY Code / Title XIX / Chapter 234 / Section 234.288
234.288 Referendum results -- Issuance of order -- Initial and annual assessments
Status: in_force

234.288 Referendum results -- Issuance of order -- Initial and annual assessments.

(1) The results of the referendum, as certified by the independent auditing firm, shall be

submitted to the commissioner within thirty (30) days of certification.

(2) For the purpose of the referendum, producers and suppliers shall be considered a

single class. Upon approval of those persons representing two-thirds (2/3) of the

total volume of odorized propane voted in the retail marketer class and approval of

those persons representing two-thirds (2/3) of the total volume of propane voted in

the producer and supplier class, the commissioner shall issue an order authorizing

the assessment.

(3) The initial assessment proposed shall be no greater than one-tenth of one cent

($0.001) per gallon of odorized propane. Thereafter, the annual assessment shall be

set by the council in an amount adequate to cover the cost of plans and programs

developed by the council. In no event shall the annual assessment levied under the

provisions of the referendum exceed one-half of one cent ($0.005) per gallon of

odorized propane unless approved by the majority of those voting in both the retail

marketer class and the producer and supplier class in a separate referendum. The

increase in the annual assessment as provided for in this subsection is limited to

one-tenth of one cent ($0.001) per year.
KRS § 278.708 — KY Code / Title XXIV / Chapter 278 / Section 278.708
278.708 Site assessment report -- Consultant -- Mitigation measures
Status: in_force

278.708 Site assessment report -- Consultant -- Mitigation measures.

(1) Any person proposing to construct a merchant electric generating facility shall file a

site assessment report with the board as required under KRS 278.706(2)(l).

(2) A site assessment report shall be prepared by the applicant or its designee.

(3) A completed site assessment report shall include:

(a) A description of the proposed facility that shall include a proposed site

development plan that describes:

1. Surrounding land uses for residential, commercial, agricultural, and

recreational purposes;

2. The legal boundaries of the proposed site;

3. Proposed access control to the site;

4. The location of facility buildings, transmission lines, and other

structures;

5. Location and use of access ways, internal roads, and railways;

6. Existing or proposed utilities to service the facility;

7. Compliance with applicable setback requirements as provided under

KRS 278.704(2), (3), (4), or (5); and

8. Evaluation of the noise levels expected to be produced by the facility;

(b) An evaluation of the compatibility of the facility with scenic surroundings;

(c) The potential changes in property values and land use resulting from the

siting, construction, and operation of the proposed facility for property owners

adjacent to the facility;

(d) Evaluation of anticipated peak and average noise levels associated with the

facility's construction and operation at the property boundary; and

(e) The impact of the facility's operation on road and rail traffic to and within the

facility, including anticipated levels of fugitive dust created by the traffic and

any anticipated degradation of roads and lands in the vicinity of the facility.

(4) The site assessment report shall also suggest any mitigating measures to be

implemented by the applicant to minimize or avoid adverse effects identified in the

site assessment report.

(5) The board shall have the authority to hire a consultant to review the site assessment

report and provide recommendations concerning the adequacy of the report and

proposed mitigation measures. The board may direct the consultant to prepare a

separate site assessment report. Any expenses or fees incurred by the board's hiring

of a consultant shall be borne by the applicant.

(6) The applicant shall be given the opportunity to present evidence to the board

regarding any mitigation measures. As a condition of approval for an application to

obtain a construction certificate, the board may require the implementation of any

mitigation measures that the board deems appropriate. Ongoing compliance with

any mitigation measures that were conditions of construction certificate application

approval shall be enforced by the Energy and Environment Cabinet pursuant to

KRS 278.710(9).