reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 2 - GENERAL ASSEMBLY › Chapter 2 - Legislative Ethics Commission › Section 2 KAR 2:020 - Statement of financial disclosure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.781, 6.787, 6.793
NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) and (6)
				require the commission to promulgate administrative regulations to implement
				KRS 6.601 to 6.849 and to prescribe required forms. KRS 6.781 requires a member
				of the General Assembly, a candidate or nominee for election to the General
				Assembly, and an individual with major management responsibility in the
				legislative branch of state government to file statements of financial
				disclosure. KRS 6.787 requires the statements to be filed on a form prescribed
				by the commission. This administrative regulation establishes the required
				form.
Section 1. The Statement of
			 Financial Disclosure required by KRS 6.781 shall be completed and mailed or
			 delivered to the Kentucky Legislative Ethics Commission, 22 Mill Creek Park,
			 Frankfort, Kentucky 40601 in accordance with the schedule set out in KRS 6.793.
Section 2. Incorporation by
			 Reference.
(1) "Statement of Financial
			 Disclosure", 10/16, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained, subject to applicable copyright law, at the Kentucky Legislative
			 Ethics Commission, 22 Mill Creek Park, Frankfort, Kentucky 40601, Monday
			 through Friday, 8:00 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 2 - GENERAL ASSEMBLY › Chapter 2 - Legislative Ethics Commission › Section 2 KAR 2:040 - Updated registration short forms for employers and legislative agents

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.611, 6.666(6)-(13), 6.807, 6.821, 6.824,
				6.827, 6.829(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) and (6)
				require the commission to promulgate administrative regulations to implement
				KRS 6.601 to 6.849 and to prescribe required forms. KRS 6.807(3) requires each
				employer or legislative agent registered with the Legislative Ethics Commission
				to file periodic updated registration forms. KRS 6.829(3) requires the
				commission to prescribe appropriate forms to file the information required by
				KRS 6.807. This administrative regulation establishes the short forms to be
				used by an employer or legislative agent if there is no expenditure or expense
				to be reported.
Section 1.
(1) The Legislative Agent's Updated
			 Registration Statement, Short Form may be filed by a legislative agent if,
			 during a reporting period, the legislative agent did not:
(a) Expend sums for lobbying activities;
			 and
(b) Engage in a financial
			 transaction governed by KRS 6.824.
Kentucky Administrative Regulations › Title 2 - GENERAL ASSEMBLY › Chapter 2 - Legislative Ethics Commission › Section 2 KAR 2:050 - Preliminary inquiries

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.611, 6.666, 6.686
NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) requires the
				commission to promulgate administrative regulations necessary to implement KRS 6.601 through 6.849. KRS 6.686 requires the commission to conduct a preliminary
				inquiry into any alleged violation of KRS 6.601 through 6.849. This
				administrative regulation establishes the requirements governing the
				preliminary inquiry proceedings of the commission.
Section 1. Definitions.
(1) "Commission" is defined by KRS 6.611(9).
(2) "Complainant" means a
			 person who has filed a complaint with the commission.
(3) "Complaint" means a formal, written
			 complaint filed in accordance with KRS 6.686 that accuses one (1) or more
			 persons of violating a provision of KRS 6.601 to 6.849.
(4) "Enforcement counsel" means the attorney
			 employed by the commission to investigate and prosecute a complaint.
(5) "Respondent" means a person accused in a
			 complaint of violating any of the provisions of KRS 6.601 to 6.849.
Kentucky Administrative Regulations › Title 2 - GENERAL ASSEMBLY › Chapter 2 - Legislative Ethics Commission › Section 2 KAR 2:060 - Adjudicatory hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.611, 6.686, 6.691
NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) requires the
				commission to promulgate administrative regulations necessary to implement KRS 6.601 through 6.849. KRS 6.686 requires the commission to conduct adjudicatory
				hearings into alleged violations of KRS 6.601 through 6.849 in appropriate
				cases. This administrative regulation establishes the requirements governing
				adjudicatory proceedings of the commission.
Section
			 1. Definitions.
(1) "Commission"
			 is defined by KRS 6.611(9).
(2)
			 "Complaint" means a formal, written complaint filed in accordance with KRS 6.686 that accuses one (1) or more persons of violating a provision of KRS 6.601 to 6.849.
(3) "Enforcement
			 counsel" means the attorney employed by the commission to investigate and
			 prosecute a complaint.
(4)
			 "Respondent" means a person accused in a complaint of violating any of the
			 provisions of KRS 6.601 to 6.849.
Kentucky Administrative Regulations › Title 2 - GENERAL ASSEMBLY › Chapter 2 - Legislative Ethics Commission › Section 2 KAR 2:070 - Advisory opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.611, 6.666, 6.681
NECESSITY, FUNCTION, AND CONFORMITY: KRS 6.666(5) requires the
				commission to promulgate administrative regulations necessary to implement KRS 6.601 through 6.849. KRS 6.681(4) requires the commission to promulgate
				administrative regulations to establish criteria for issuing confidential
				advisory opinions. This administrative regulation establishes criteria under
				which the commission may issue confidential advisory opinions.
Section 1. Definition. "Commission" is
			 defined by KRS 6.611(9).
Section 2.
			 Opinions.
(1) Commission opinions may be
			 requested as set out in KRS 6.681(1) and (2).
(2) Commission opinions shall be public as
			 set out in KRS 6.681(4) except that the commission may issue a confidential,
			 unpublished opinion if:
(a) The person
			 requesting the opinion asks that the opinion not be published and that it be
			 kept confidential; and
(b) The
			 unique nature of the request and the surrounding facts and circumstances would
			 necessarily reveal the identity of a person associated with the opinion if the
			 opinion were published.
Kentucky Administrative Regulations › Title 4 - JUDICIAL BRANCH › Chapter 1 - Kentucky Judicial Form Retirement System › Section 4 KAR 1:010 - General compliance with federal tax laws

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.500, 6.505, 6.515, 6.520,
				6.521, 6.525, 6.530, 6.535, 6.575, 6.577, 21.345, 21.347, 21.350, 21.357,
				21.360, 21.370, 21.375, 21.380, 21.385, 21.400, 21.402, 21.405, 21.410, 21.415,
				21.420, 21.425, 21.427, 21.440, 21.450, 21.460, 21.470, 21.480, 21.510, 21.525,
				21.530, 21.540, 21.550, 21.560, 21.570,  26 U.S.C. 401(a)(8), (17), (25), (37), 401(h), 26 U.S.C. 414(u), 29 U.S.C. 623(i), and 38 U.S.C. 4301-4334
NECESSITY, FUNCTION, AND CONFORMITY: KRS 21.540(3)
				authorizes the board of trustees of the Judicial Form Retirement System to
				promulgate administrative regulations, with retroactive effect if required by
				federal law, to conform the Kentucky Judicial Retirement Plan and the Kentucky
				Legislators Retirement Plan with federal law and to meet the qualification
				requirements under  26 U.S.C. 401(a). This administrative regulation establishes
				requirements to ensure compliance with federal tax laws.
Section 1. Definitions.
(1) "Differential wage payment" is defined by
			  26 U.S.C. 3401(h)(2).
(2) "Plan"
			 means the Kentucky Judicial Retirement Plan and the Kentucky Legislators
			 Retirement Plan.
Kentucky Administrative Regulations › Title 4 - JUDICIAL BRANCH › Chapter 1 - Kentucky Judicial Form Retirement System › Section 4 KAR 1:020 - Minimum distribution

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.525, 21.385 and 21.540,  26 C.F.R. 1.401(a)(9)-9, 26 U.S.C. 401(a)(9), 414(d)
NECESSITY,
				FUNCTION, AND CONFORMITY: KRS 21.540(2) authorizes the board of trustees of the
				Judicial Form Retirement System to promulgate administrative regulations, with
				retroactive effect if required by federal law, to conform the Kentucky Judicial
				Retirement Plan and the Kentucky Legislators Retirement Plan with federal law
				and to meet the qualification requirements under  26 U.S.C. 401(a). This
				administrative regulation establishes minimum distribution requirements in
				compliance with  26 U.S.C. 401(a)(9).
Section
			 1. Definitions.
(1) "Member"
			 means a member of a retirement fund established in accordance with KRS 6.500 to
			 6.577 or KRS 21.345 to 21.580 and administered by the Kentucky Judicial Form
			 Retirement System.
(2) "Plan" means
			 the Kentucky Judicial Retirement Plan and the Kentucky Legislators Retirement
			 Plan.
(3) "Required beginning date"
			 means April 1 of the calendar year following the later of:
(a) The calendar year in which the member
			 attains age seventy and one-half (70 1/2); or
(b) The calendar year in which the member
			 retires.
Kentucky Administrative Regulations › Title 4 - JUDICIAL BRANCH › Chapter 1 - Kentucky Judicial Form Retirement System › Section 4 KAR 1:030 - Rollovers and transfers to other plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.525, 6.515, 21.370, 21.460,
				21.540,  26 U.S.C. 401(a)(31), 402(c), 403(a), (b), 408, 408A, and 457(b).
NECESSITY, FUNCTION, AND CONFORMITY: KRS 21.540(2)
				authorizes the board of trustees of the Judicial Form Retirement System to
				promulgate administrative regulations, with retroactive effect if required by
				federal law, to conform the Kentucky Judicial Retirement Plan and the Kentucky
				Legislators Retirement Plan with federal law and to meet the qualification
				requirements under  26 U.S.C. 401(a). This administrative regulation establishes
				what constitutes eligible rollover distributions, eligible retirement plans,
				distributions, distributees, and direct rollovers for purposes of compliance
				with  26 U.S.C. 401(a).
Section 1.
			 Definition. "Plan" means the Kentucky Judicial Retirement Plan and the Kentucky
			 Legislators Retirement Plan.
Section
			 2. Effective January 1, 1993, "eligible rollover distribution"
			 shall include any distribution of all or any portion of the balance to the
			 credit of the distributee, except:
(1) A
			 distribution that is one (1) of a series of substantially equal periodic
			 payments made at least annually:
(a) For the
			 life or life expectancy of the distributee and the distributees
			 beneficiary;
(b) For the joint
			 lives or joint life expectancy of the distributee and the distributees
			 beneficiary; or
(c) For a specified
			 period of ten (10) years or more;
Kentucky Administrative Regulations › Title 4 - JUDICIAL BRANCH › Chapter 1 - Kentucky Judicial Form Retirement System › Section 4 KAR 1:040 - Limitation on benefits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 6.500, 6.505, 6.515, 6.520,
				6.521, 6.525, 6.530, 6.535, 6.575, 6.577, 21.345, 21.347, 21.350, 21.357,
				21.360, 21.370, 21.375, 21.380, 21.385, 21.400, 21.402, 21.405, 21.410, 21.415,
				21.420, 21.425, 21.427, 21.440, 21.450, 21.460, 21.470, 21.480, 21.510, 21.525,
				21.530, 21.540, 21.550, 21.560, 21.570,  26 U.S.C. 401(a)(16), 415
NECESSITY, FUNCTION, AND CONFORMITY: KRS 21.402(8) and
				21.540(3) authorize the board of trustees of the Judicial Form Retirement
				System to promulgate administrative regulations to administer the provisions of
				the hybrid cash balance benefit tier and, with retroactive effect if required
				by federal law, to conform the Kentucky Judicial Retirement Plan and the
				Kentucky Legislators Retirement Plan with federal law and to meet the
				qualification requirements under  26 U.S.C. 401(a). This administrative
				regulation establishes requirements for the administration of testing
				contribution and benefit limits in accordance with  26 U.S.C. 415.
Section 1. Definitions.
(1) "415(b) limit" means the limitation on
			 benefits established by  26 U.S.C. 415(b).
(2) "415(c) limit" means the limitation on
			 annual additions established by  26 U.S.C. 415(c).
(3) "415(d) limit" means the limitation on
			 cost of living adjustments established by  26 U.S.C. 415(d).
(4) "Annual benefit" means a benefit payable
			 annually in the form of a straight life annuity (with no ancillary benefits)
			 without regard to the benefit attributable to after-tax employee contributions
			 (except pursuant to  26 U.S.C. 415(n))  and to rollover contributions (as defined
			 in  26 U.S.C. 415(b)(2)(A)) , and with the benefit attributable determined in
			 accordance with Treasury Regulations located in  26 C.F.R. 1.415(b)-1.
(5)
(a)
			 "Permissive service credit" means service credit:
1. Recognized by the Plan for purposes of
			 calculating a member's benefit under the Plan;
2. Which the member has not received under
			 the Plan; and
3. Which the member
			 shall receive only by making a voluntary additional contribution, in an amount
			 determined under the Plan, which does not exceed the amount necessary to fund
			 the benefit attributable to the service credit.
(b) Effective for permissive service credit
			 contributions made in limitation years beginning after December 31, 1997, the
			 term may include service credit for periods for which there is no performance
			 of service, and, notwithstanding paragraph (a)2 of this subsection, may include
			 service credited in order to provide an increased benefit for service credit
			 which a member is receiving under the Plan.
(6) "Plan" means the Kentucky Judicial
			 Retirement Plan and the Kentucky Legislators Retirement Plan.
Kentucky Administrative Regulations › Title 4 - JUDICIAL BRANCH › Chapter 1 - Kentucky Judicial Form Retirement System › Section 4 KAR 1:050 - Code of professional conduct

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 21.440, 21.450, 21.530,
				21.540, 21.550, and 21.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 21.450(4) requires the board of trustees of the Judicial Form Retirement System
				to establish ethics policies and procedures by promulgation of administrative
				regulations. This administrative regulation establishes those ethics policies
				and procedures.
Section 1. Definitions.
(1) "Board" means the board of trustees of
			 the System.
(2) "Family Member"
			 means a spouse, parent, sibling, grandparent, grandchild, or child of a
			 trustee.
(3) "System" means the
			 Judicial Form Retirement System.
(4) "Trustee" means a trustee of the
			 board.
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:010 - Statement of financial disclosure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.010(7), (9), (13), 11A.050(2), (3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.110(3) and (4)
				require the Executive Branch Ethics Commission to promulgate administrative
				regulations to implement KRS Chapter 11A and to prescribe forms for statements
				required by this chapter. KRS 11A.050(2) requires the commission to prescribe
				the form for the statement of financial disclosure. This administrative
				regulation prescribes the form and incorporates it by reference.
Section 1. Definitions.
(1) "Acting" means a public servant who is
			 designated to serve in an officer position temporarily.
(2) "Address or location" means:
(a) A street address or an address assigned
			 to a location by the U.S. postal service, 911 service, or local government;
			 or
(b) If this address is not
			 available, a description of the property so as to easily identify the location,
			 global positioning system coordinates, or the location as described on the deed
			 for the property.
(3)
			 "Business" is defined by KRS 11A.010(1).
(4) "Candidate" is defined by KRS 11A.010(13).
(5) "Commission" is
			 defined by KRS 11A.010(2).
(6)
			 "Compensation" is defined by KRS 11A.010(3).
(7) "Constitutional Officer" is defined by
			 KRS 11A.010(9)(a) through (g).
(8)
			 "Consumer goods" means any item either tangible or intangible that can be
			 purchased, except for purchases of real property or real estate.
(9) "Family" is defined by KRS 11A.010(4).
(10) "Gifts of money or
			 property" means a payment, loan, subscription, advance, deposit of money,
			 services, or anything of value, unless consideration of equal or greater value
			 is received, except for gifts from family members, campaign contributions, the
			 waiver of a registration fee for a presenter at a conference or training
			 described in KRS 45A.097(5), gifts received by a public servant on behalf of
			 his or her agency pursuant to KRS 45A.097, or door prizes that are available to
			 the public.
(11) "Home street
			 address" means the address or location at which the officer resides on a
			 permanent basis.
(12) "Income" is
			 defined by KRS 11A.010(6).
(13)
			 "Officer" is defined by KRS 11A.010(7).
(14) "Public servant" is defined by KRS 11A.010(9).
(15) "Start date" means
			 the first date of employment with a state agency in the executive branch of the
			 Commonwealth.
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:015 - Pre-administrative proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.080, 11A.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.110(3) requires
				the Executive Branch Ethics Commission to promulgate administrative regulations
				to implement KRS Chapter 11A. KRS 11A.080(1) requires the commission to
				investigate violations of KRS Chapter 11A, upon complaint or its own motion,
				and establishes procedures for the filing of complaints and commission
				investigations. This administrative regulation establishes procedures, not
				established in KRS 11A.080, relating to investigations.
Section 1. Definitions.
(1) "Commission" means the Executive Branch
			 Ethics Commission created by KRS 11A.060.
(2) "Complaint" means the "complaint signed
			 under penalty of perjury by any person" as stated in KRS 11A.080(1)(a) and does
			 not include a referral of information to the commission that is provided
			 without being under penalty of perjury.
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:025 - Guidance on prohibited conduct and conflicts of interest

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.010, 11A.020(1), 11A.030, 11A.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.020 provides
				prohibited conduct for public servants. KRS 11A.030 establishes how to
				determine whether a conflict of interest exists and provides procedures a
				public servant must follow to abstain when a conflict of interest does exist.
				KRS 11A.110(3) requires the Executive Branch Ethics Commission to promulgate
				administrative regulations to implement KRS Chapter 11A. This administrative
				regulation provides guidance to public servants concerning prohibited conduct
				and avoiding conflicts of interest.
Section
			 1. Definitions.
(1) "Appointing
			 authority" is defined by KRS 11A.010(16).
(2) "Commission" means the Executive Branch
			 Ethics Commission.
(3) "Family" is
			 defined by KRS 11A.010(4).
(4)
			 "Matter" means any measurable case, litigation, decision, grant, proceeding,
			 application, determination, contract, claim, investigation, charge, or
			 legislative bill.
(5) "Public
			 servant" is defined by KRS 11A.010(9).
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:030 - Administrative proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.080, 11A.100, 13B.030 - 13B.050, 13B.070,
				13B.090
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.080(4)(b)
				authorizes the commission to initiate an administrative hearing to determine
				whether there has been a violation of KRS Chapter 11A. KRS 11A.100(1)(a)
				exempts the commission from KRS 13B.030(2)(b). KRS 11A.100(1)(b) exempts the
				commission from KRS 13B.050(1), (2), and (3) when a party fails to file an
				answer or otherwise participate. KRS 11A.110(3) requires the commission to
				promulgate administrative regulations to implement KRS Chapter 11A. This
				administrative regulation establishes procedures to govern administrative
				proceedings, the designation of hearing officers for the commission, and when a
				party fails to participate in an administrative proceeding.
Section 1. Definitions.
(1) "Commission" means the Executive Branch
			 Ethics Commission established by KRS 11A.060.
(2) "Commission secretary" means the employee
			 of the commission designated pursuant to KRS 11A.070 to designate hearing
			 officers.
(3) "Executive director"
			 means the executive director appointed by the commission pursuant to KRS 11A.070.
(4) "Initiating order"
			 means the document issued by the commission to initiate an administrative
			 proceeding to determine whether there has been a violation as provided by KRS 11A.080(4)(b).
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:040 - Executive agency lobbyist, employer of executive agency lobbyist, and real party in interest registration and expenditure statements; financial transactions and termination forms; and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.201, 11A.211, 11A.216, 11A.221, 11A.231,
				11A.233(1), 11A.236, 11A.241(4), (5), (6), 11A.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.110(3) requires
				the Executive Branch Ethics Commission to promulgate administrative regulations
				to implement and prescribe forms for statements required by KRS Chapter 11A.
				KRS 11A.241(4) and (5) require the Executive Branch Ethics Commission to
				prescribe the initial registration statement, the updated registration
				statement, and the termination notice required by KRS 11A.211, the statement of
				expenditures required by KRS 11A.216, and the statement of financial
				transactions required by KRS 11A.221. This administrative regulation
				establishes the initial registration, financial transactions statements,
				expenditure statements, termination notice, and enforcement procedure.
Section 1. Definitions.
(1) "Agent" means the "executive agency
			 lobbyist" as defined by KRS 11A.201(8).
(2) "Commission" means the Executive Branch
			 Ethics Commission.
(3) "Employer"
			 is defined by KRS 11A.201(3).
(4)
			 "Executive agency decision" is defined by KRS 11A.201(7).
(5) "Executive agency lobbyist" is defined by
			 KRS 11A.201(8).
(6) "Filer" means
			 the executive agency lobbyist, employer of the executive agency lobbyist, or
			 real party in interest.
(7) "Real
			 party in interest" is defined by KRS 11A.201(15).
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:050 - Approval of outside employment of a public servant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.040(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.040(9) requires
				the appointing authority to review administrative regulations established under
				KRS Chapter 11A when deciding whether to approve outside employment for a
				public servant.
Section 1.
(1) A public servant who requests approval of
			 his appointing authority for outside employment shall submit a statement under
			 oath to the appointing authority of his agency as follows: "I request approval
			 of off-duty employment with (name of outside employer). As a (public servant's
			 job title), I am not involved in the (name of state agency's) decisions
			 concerning (name of outside employer). If the request is approved, I agree that
			 if, in the future, I realize that I will be involved in such decisions, I will
			 immediately notify (appointing authority) and take steps to avoid any conflict
			 of interest."
(2) The public servant
			 shall attach to this statement:
(a) The public
			 servant's current P-1 personnel form or comparable form, if applicable, and job
			 description, and the name, title and location of the public servant's immediate
			 supervisor.
(b) The name and
			 address of the outside employer; description of its type of business,
			 ownership, and all its business and regulatory relationships with the
			 appointing authority's agency; and a description of the public servant's
			 off-duty job.
(c) An explanation of
			 the specific factors which separate the public servant's state job from the
			 agency's decisions concerning the outside
			 employer.
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:060 - Requirements relating to fundraising activities and charitable nonprofit organizations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.010, 11A.045, 11A.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.110(3) authorizes
				the Executive Branch Ethics Commission to promulgate administrative regulations
				to implement KRS Chapter 11A. KRS 11A.055 authorizes state agencies or public
				servants to solicit and accept donations for charitable nonprofit organizations
				or for programs for crime prevention, drug and alcohol abuse prevention, or
				traffic safety. This administrative regulation establishes requirements
				relating to those fundraising activities and provides guidance related to the
				creation of charitable nonprofit organizations ensuring compliance with KRS 11A.045.
Section 1. Definitions.
(1) "Affiliated" means a charitable nonprofit
			 organization that:
(a)
1. Engages in activities for the benefit of
			 an agency; or
2. Furthers the
			 statutory or regulatory mandates of the agency through the use of contributions
			 solicited from the public; and
Kentucky Administrative Regulations › Title 9 - EXECUTIVE BRANCH ETHICS COMMISSION › Chapter 1 - Executive Branch Ethics Commission › Section 9 KAR 1:070 - Standards of ethical conduct for transition team members and disclosure form

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				6.801 - 6.829, 11A.010, 11A.047, 11A.060,
				11A.110, 11A.201 - 11A.246
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				11A.110(3) and (4) require
				the Executive Branch Ethics Commission to promulgate administrative regulations
				to implement KRS Chapter 11A and to establish forms for statements required by
				this chapter. KRS
				11A.047(3), (4), and (7)
				require the commission to establish standards of ethical conduct for transition
				team members, prescribe a form for the transition team leaders to list the
				members of the transition team, and prescribe a disclosure form for the
				transition team members to submit to the commission. This administrative
				regulation establishes the standards of ethical conduct for transition team
				members and related forms.
Section 1.
			 Definitions.
(1) "Agency" is defined by
			 KRS
			 11A.047(1)(a).
(2) "Commission" means the Executive Branch
			 Ethics Commission as established by
			 KRS
			 11A.060.
(3) "Engage" is defined by
			 KRS
			 6.611(13) and
			 11A.201(4).
(4) "Executive agency decision" is defined by
			 KRS
			 11A.201(8).
(5) "Executive agency lobbying activity" is
			 defined by KRS
			 11A.201(10).
(6) "Financial Impact" means to have an
			 effect on the financial position of a person or business whether or not the
			 impact is positive or negative.
(7)
			 "Gift" is defined by KRS
			 11A.010(5).
(8) "Legislative matter" is defined by
			 KRS
			 6.611(25).
(9) "Lobby" is defined by
			 KRS
			 6.611(27).
(10) "Newly elected official" means a person
			 elected to an office listed in
			 KRS
			 11A.010(9)(a) to (g) who has
			 not yet been sworn into office.
(11) "Nonpublic information" is defined by
			 KRS
			 11A.047(1)(b).
(12) "Regular election" is defined by
			 KRS
			 446.010(37).
(13) "Transition team" is defined by
			 KRS
			 11A.047(1)(c).
(14) "Transition team lead" means a person
			 designated by the newly elected official to manage the transition team on
			 behalf of the newly elected official.
(15) "Transition team member" is defined by
			 KRS
			 11A.047(1)(d).
(16) "Transition team end date" is the date
			 of inauguration for the newly elected gubernatorial official or the swearing-in
			 date for all other newly elected officials.
Kentucky Administrative Regulations › Title 10 - GOVERNOR'S OFFICE › Chapter 1 - Legal Actions › Section 10 KAR 1:011 - Defense of employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.211, 12.212, 12.213, 12.215, 44.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.213 requires the
				Governor, with the advice of the Attorney General, to promulgate administrative
				regulations governing the methods of defense of employees or former employees
				of the Commonwealth. This administrative regulation establishes the methods for
				defense of employees or former employees of the Commonwealth.
Section 1. Definitions.
(1) "Claim" means a claim whether or not a
			 suit has been filed.
(2) "Civil
			 action" means a civil suit filed in a state or federal court.
(3) "Defendant" means an employee or former
			 employee of the Commonwealth who has been sued in a civil action in his or her
			 official or individual capacity on account of an act or omission made in the
			 scope and course of his or her employment as an employee of the Commonwealth
			 and any of its agencies, but does not include an employee or former employee of
			 the Commonwealth being sued for negligence in the operation of a state
			 vehicle.
(4) "State agency" means
			 any department, administrative body, division, or program cabinet acting for
			 the Commonwealth, but does not include local units of government such as school
			 districts, counties, sewer districts, or other municipalities.
(5) "Acts and omissions liability insurance"
			 means insurance to cover the cost of defending civil actions covered under this
			 administrative regulation and paying judgments or settlements resulting
			 therefrom.
Kentucky Administrative Regulations › Title 10 - GOVERNOR'S OFFICE › Chapter 2 - Agricultural Development Board › Section 10 KAR 2:020 - Disbursement of monies from the Kentucky Agricultural Development Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 248.707, 248.709, 248.711, 248.713,
				248.721
NECESSITY, FUNCTION, AND CONFORMITY: KRS 248.709(8) requires
				the Kentucky Agricultural Development Board to promulgate administrative
				regulations relating to the Tobacco Master Settlement Agreement. This
				administrative regulation provides for the investment of a certain portion of
				the Agricultural Development Fund by establishing procedures for the submission
				of proposals to the Agricultural Development Board or to a county agricultural
				development council for grants from the Agricultural Development Fund.
Section 1. Definitions.
(1) "Board" is defined in KRS 248.701(1).
(2) "County council"
			 means a county agricultural development council.
(3) "Fund" is defined in KRS 248.701(2).
Kentucky Administrative Regulations › Title 10 - GOVERNOR'S OFFICE › Chapter 6 - Early Childhood Development Authority › Section 10 KAR 6:010 - Duties of the Early Childhood Advisory Council

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 199.8996, 200.151, 200.700,
				200.703, 200.705, 200.707
NECESSITY, FUNCTION, AND CONFORMITY: KRS 200.703(5) requires
				the Early Childhood Advisory Council to promulgate administrative regulations
				to coordinate and improve early childhood development services, outcomes and
				policies; establish procedures that relate to its governance; designate
				services areas of the Commonwealth where the community early childhood councils
				may be established to identify and address the early childhood development
				needs of young children and their families for the communities that they serve;
				establish procedures for the monitoring of grants, services, and activities of
				the community early childhood councils and their governance; establish
				procedures for accountability and measurement of success of programs that
				receive funds from the authority; and establish standards for the payment of
				funds to a designated service provider and grantee of a community early
				childhood council. This administrative regulation establishes procedures for
				the governance of the Early Childhood Advisory Council and procedures for
				disbursement of funds, in accordance with KRS 200.700(1), from the Early
				Childhood Development Fund to programs that support and promote early childhood
				development.
Section 1. Definition.
			 "Council" means the Early Childhood Advisory Council.
Section 2. Duties of the Council. The council
			 shall:
(1) Fulfill the requirements of KRS 200.700 and 200.703;
(2) Disburse
			 funds, to the extent that funds are available, from the Early Childhood
			 Development Fund established by KRS 200.151, to programs that support and
			 promote early childhood development;
(3) Consult with and request information from
			 the following agencies for the purpose of monitoring services that improve,
			 enhance, or promote early childhood development:
(a) Cabinet for Health and Family
			 Services;
(b) Education and
			 Workforce Development Cabinet;
(c)
			 Kentucky Department of Education;
(d) Finance and Administration
			 Cabinet;
(e) Kentucky Higher
			 Education Assistance Authority; and
(f) Any other agency that contracts with the
			 council to provide services; and
(4) Collect annual reports from the Cabinet
			 for Health and Family Services pursuant to KRS 199.8996(2), (3), and (4).
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 3 - Kentucky Loan Program › Section 11 KAR 3:001 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.740,
				164.744(1),
				164.748(1), (3) (14),
				(15),
				164.753(2),
				164.766,
				8
				U.S.C. 1101(a)(22), 10
				U.S.C. Chapters 2, 106, 107, 20 U.S.C. 421 - 429,
				1070a,
				1070b,
				1070c,
				1078,
				1078-1,
				1078-2,
				1078-3,
				1078(c)(1),
				as amended by
				Pub.L.
				103-66 sec. 4108(a), 1087a, 1087aa-1087ii, 1095-1,
				37 U.S.C. Chapter 2, 38 U.S.C. Chapters 30, 31, 32, 35,
				20
				U.S.C. 1087vv(c)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.744(1) empowers the
				authority to insure loans to students, provided that the loans meet the
				criteria of the federal act. This administrative regulation sets forth general
				definitions applicable to one (1) or more administrative regulations in this
				chapter.
				KRS
				164.740(12) and (14) define
				the terms "insured student loan" and "loan guarantee" to pertain to loans
				reinsured by the secretary to the extent of not less than eighty (80) percent.
				Pub.L.
				103-66 sec. 4108(a) amended
				20 U.S.C.
				1078(c)(1) by reducing the
				minimum rate of reinsurance from eighty (80) percent to seventy-eight (78)
				percent.
				KRS
				164.748(15) authorizes the
				authority board to adopt "rules, administrative regulations and policies
				consistent with the federal act" to overcome a conflict "between
				KRS
				164.740 to
				164.764
				and the federal act, which conflict would result in a loss by the authority of
				any federal funds." This amendment is necessary to conform the definitions of
				"insured student loan" and "loan guarantee" to changes in the federal act
				enacted in
				Pub.L.
				103-66 sec. 4108(a).
Section 1. The following definitions apply to
			 all authority insured student loan programs:
(1) "Academic year" means:
(a) A period of at least thirty (30) weeks of
			 instructional time in which a full-time student is expected to complete at
			 least twenty-four (24) semester hours or thirty-six (36) quarter hours at an
			 institution which measures academic progress in credit hours but does not use a
			 semester, trimester or quarter system; or
(b) At least 900 clock hours at a
			 participating institution which measures academic progress in clock
			 hours.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 3 - Kentucky Loan Program › Section 11 KAR 3:045 - Permissible charges by lenders to borrowers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(1),
				164.748(1), (3),
				(14),
				164.753(2),
				164.766,
				34 C.F.R.
				682.202,
				20 U.S.C.
				1077a,
				1078(B)(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.744(1) empowers the
				authority to insure loans to students, provided that the loans meet the
				criteria of the federal Act.
				Pub.L.
				102-325, enacted July 23, 1992, reauthorized the
				federal Act and made substantial changes in the insured student loan programs.
				This administrative regulation is necessary to prescribe the charges that
				lenders may impose on borrowers, either directly or indirectly.
Section 1. Interest Rates on Subsidized
			 Federal Stafford Loans.
(1) The annual
			 interest rate on the unpaid principal balance (including any capitalized
			 interest added to principal) of a subsidized federal Stafford loan for a
			 borrower who, on the date of signing the promissory note or other written
			 evidence of that loan, does not owe an outstanding balance on a previous
			 federal Stafford loan shall be:
(a) Seven (7)
			 percent for a loan covering a period of instruction beginning before January 1,
			 1981;
(b) Nine (9) percent for a
			 loan covering a period of instruction beginning on or after January 1, 1981,
			 but before September 13, 1983;
(c)
			 Eight (8) percent for a loan covering a period of instruction beginning on or
			 after September 13, 1983;
(d) For
			 any loan to cover the cost of instruction for any period of enrollment
			 beginning on or after July 1, 1988:
1. Eight
			 (8) percent during the period beginning on the date of the disbursement of the
			 loan and ending four (4) years after the commencement of repayment;
			 and
2. Ten (10) percent during the
			 remainder of the repayment period;
(e) For any loan for which the first
			 disbursement is made on or after October 1, 1992, during any twelve (12) month
			 period beginning on July 1 and ending on June 30, be determined by the
			 secretary on the preceding June 1 and be equal to the bond equivalent rate of
			 ninety-one (91) day treasury bills, auctioned at the final auction held prior
			 to such June 1, plus three and one-tenth (3.1) percent, except that the rate
			 shall not exceed nine (9) percent. The secretary shall determine the rate of
			 interest under this paragraph after consultation with the U.S. Secretary of the
			 Treasury and shall publish such rate in the Federal Register as soon as
			 practicable after the date of determination;
(f) Eight (8) percent for any loan made, on
			 or after October 1, 1992, to a borrower, who on the date of entering into the
			 note or other written evidence of the loan, has an outstanding balance of
			 principal or interest on any federal SLS loan, federal PLUS loan, or federal
			 consolidation loan.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 3 - Kentucky Loan Program › Section 11 KAR 3:055 - Obtaining and repaying a loan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(1),
				164.748(1), (3),
				(14),
				164.753(2),
				164.766
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.744(1) empowers the
				authority to insure loans to students, provided that the loans meet the
				criteria of the federal Act.
				Pub.L.
				102-325, enacted July 23, 1992, reauthorized the
				federal Act and made substantial changes in the insured student loan programs.
				This administrative regulation is necessary to prescribe the process for
				obtaining an authority insured student loan.
Section 1.
(1) Federal Stafford Loan and Federal SLS
			 Loan Application. Generally, to obtain a subsidized or unsubsidized federal
			 Stafford loan or a federal SLS loan insured by the authority, a student shall
			 complete an application. The form of the application may vary depending upon
			 the method of applying (e.g., electronic application process, combined
			 application and note, or separate application and note). The student shall
			 complete his or her portion of the application by providing at least the
			 following information:
(a) The student's
			 name, address, and Social Security number;
(b) The student's citizenship
			 status;
(c) The student's
			 enrollment status;
(d) Information
			 on the status of any outstanding student loan indebtedness, including, but not
			 limited to, a certification that the student does not owe repayment of a
			 student grant and is not in default on a student loan;
(e) A certification that the loan proceeds
			 will be used exclusively to meet the cost of attendance at the participating
			 institution listed on the application; and
(f) Additional information necessary to
			 demonstrate that the student meets the eligibility requirements set forth in
			 Sections 1 and 5(1) of
			 11 KAR
			 3:015.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 4 - Kentucky Higher Education Assistance Authority › Section 11 KAR 4:030 - Student appeals process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.748(14)
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Higher
				Education Assistance Authority administers programs to provide financial
				assistance to students to attend postsecondary institutions. This
				administrative regulation sets forth the procedures by which students seeking
				financial assistance or individuals indebted to the authority for repayment of
				student financial assistance may request a review of decisions made by the
				authority's employees which adversely affect their rights, obligations or
				benefits or their eligibility to participate in authority administered
				programs. This amendment is necessary to clarify hearing procedures and the
				applicability of this administrative regulation to certain disputes that may
				arise.
Section 1. Definitions.
(1) "Adverse action" shall mean any of the
			 following actions or decisions by an employee or agent of the authority that
			 adversely affects the rights, obligations, or benefits of a petitioner:
(a) Denial of an award of student financial
			 assistance;
(b) Reduction or
			 revocation of an award of student financial assistance;
(c) Determination of the existence and amount
			 of a repayment obligation or eligibility for cancellation or deferment of a
			 repayment obligation authorized by statute or administrative regulation on a
			 debt to the authority;
(d)
			 Determination of default or acceleration of repayment of a debt to the
			 authority;
(e) Accuracy of credit
			 information;
(f) Establishment of
			 reasonable and affordable payment terms for rehabilitation of a defaulted
			 insured student loan or reinstatement of eligibility for additional student
			 assistance, including consolidation of defaulted insured student loans, after
			 payment of a claim due to default on an insured student loan;
(g) Denial of rehabilitation of a defaulted
			 insured student loan or reinstatement of eligibility for additional student
			 assistance, including consolidation of defaulted insured student loans, after
			 payment of an insurance claim by the authority due to default on an insured
			 student loan or nonpayment of any debt to the authority.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 4 - Kentucky Higher Education Assistance Authority › Section 11 KAR 4:040 - Educational institution participation requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.740,
				164.748(6),
				(13),
				20 U.S.C.
				1078,
				1078-8,
				1085,
				34 C.F.R. Part 668 subparts A, B, D, E, F
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Higher
				Education Assistance Authority administers programs of student financial
				assistance.
				KRS 164.748(6) and
				(13) requires the authority to enter into
				contracts with eligible educational institutions to provide for the
				administration of student financial assistance programs, and approve,
				disapprove, limit, suspend, or terminate the participation of the institutions.
				This administrative regulation establishes the conditions under which the
				authority shall execute a contract with an institution for participation in the
				authority's programs.
Section 1.
			 Definitions.
(1) "Applicable federal loans"
			 means loans that:
(a) Are either:
1. Federal Stafford loans or federal SLS
			 loans, which are loans reinsured by the secretary pursuant to
			 20 U.S.C.
			 1078 or
			 1078-8;
			 or
2. The portion of a loan made
			 under the Federal Consolidation Loan Program that is used to repay a federal
			 Stafford loan or federal SLS loan; and
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 4 - Kentucky Higher Education Assistance Authority › Section 11 KAR 4:050 - Set off of authority claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				44.030,
				131.565,
				164.748(10), (14),
				(19)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 164.748(10) and
				(14) authorize the authority to collect
				student loans from individual borrowers and to perform acts that are necessary
				or appropriate to carry out the purposes of the authority.
				KRS
				131.565 and
				31 USC
				3720A provide that the authority may enter
				agreements with the Kentucky Revenue Cabinet and with the federal government to
				provide for the withholding of income tax refunds owed to individuals indebted
				to the authority to satisfy claims established by the authority. In accordance
				with
				KRS
				44.030, the authority may submit a claim to
				the State Treasurer to withhold an amount due to an individual from the
				treasury against a claim of the authority. This administrative regulation
				establishes the process for notification and appeal afforded to an individual
				in implementing a set off of an authority claim through the Kentucky Revenue
				Cabinet, the State Treasurer, or the federal government.
Section 1. Federal Payment Setoff.
(1) Notification.
(a) The authority shall, not less than
			 sixty-five (65) days prior to submitting the claim to the federal government
			 for setoff, send written notification by U.S. First Class Mail to the last
			 known address of a person against whom the authority has a claim of
			 indebtedness to the authority for a sum certain for which setoff is sought
			 pursuant to
			 31 USC
			 3718.
(b) The notification shall contain
			 information sufficient to identify the person and to inform the person of the
			 amount of the claim to be set off, the authority's intention to set off the
			 claim, and the right to dispute the claim. The notification may contain
			 additional information as the authority may prescribe.