reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:411 - Hospital and medical insurance for retired members and Kentucky Retirement Systems Insurance Fund Trust

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505,
				16.576(4),
				61.505(1)(g),
				61.510,
				61.701,
				61.702,
				78.510,
				78.5536,
				26 U.S.C.
				105(b),
				106,
				115,
				213(d),
				42 U.S.C.
				300bb-8(3),
				1395y(b),
				Pub.L.
				111-148
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority to promulgate administrative regulations on
				behalf of the Kentucky Retirement Systems and the County Employees Retirement
				System that are consistent with
				KRS
				16.505 to
				16.652,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				KRS
				61.702 and
				78.5536 provide for the systems
				operated by the Kentucky Public Pensions Authority to offer hospital and
				medical insurance coverage to recipients (including retired members and some
				beneficiaries of deceased members), their spouses, and their disabled or
				dependent children, and require the promulgation of administrative regulations
				concerning requirements for medical insurance reimbursement programs. This
				administrative regulation establishes procedures for the administration of the
				hospital and medical insurance benefits provided by the Kentucky Retirement
				Systems and the County Employees Retirement System, as well as establishes
				eligibility requirements, necessary documentation for proof of insurance,
				deadlines for filing for reimbursement, and forms.
Section 1. Definitions.
(1) "Agency" means:
(a) Prior to April 1, 2021, the Kentucky
			 Retirement Systems, which administered the State Police Retirement System, the
			 Kentucky Employees Retirement System, and the County Employees Retirement
			 System; and
(b) Beginning April 1,
			 2021, the Kentucky Public Pensions Authority, which is authorized to carry out
			 the day-to-day administrative needs of the Kentucky Retirement Systems
			 (comprised of the State Police Retirement System and the Kentucky Employees
			 Retirement System) and the County Employees Retirement System.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:415 - Reimbursement of hospital and medical insurance premiums for Medicare eligible retired members reemployed with a participating employer

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505,
				61.505,
				61.510,
				61.701,
				61.702,
				78.510,
				78.5536,
				26 U.S.C.
				105,
				106,
				42 U.S.C.
				1395y(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority to promulgate administrative regulations on
				behalf of the Kentucky Retirement Systems and the County Employees Retirement
				System that are consistent with
				KRS
				16.505 to
				16.652,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				KRS
				61.702 and
				78.5536 provide for the systems
				operated by the Kentucky Public Pensions Authority to offer group hospital and
				medical insurance coverage to retired members and some spouses and dependents.
				This administrative regulation establishes eligibility requirements,
				procedures, and necessary documentation and forms for the reimbursement of
				hospital and medical insurance benefit premiums paid by Medicare eligible
				retired members who were reemployed in a position with a participating employer
				and were informed by the Kentucky Retirement Systems or the Kentucky Public
				Pensions Authority that they were not eligible for enrollment in an existing
				group hospital and medical insurance plan through the Kentucky Public Pensions
				Authority from January 1, 2009 through September 30, 2022.
Section 1. Definitions.
(1) "Agency" means:
(a) Prior to April 1, 2021, the Kentucky
			 Retirement Systems, which administered the State Police Retirement System, the
			 Kentucky Employees Retirement System, and the County Employees Retirement
			 System; and
(b) Beginning April 1,
			 2021, the Kentucky Public Pensions Authority, which is authorized to carry out
			 the day-to-day administrative needs of the Kentucky Retirement Systems
			 (comprised of the State Police Retirement System and the Kentucky Employees
			 Retirement System) and the County Employees Retirement System.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:420 - 401(h) account established under 26 U.S.C. 401(h)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.701,
				61.702,
				61.645(9)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.510 to
				61.705,
				16.505
				to
				16.652,
				and
				78.510
				to
				78.852
				and to conform to federal statutes and regulations. Pursuant to the provisions
				of
				KRS
				61.702(2)(b)(5), as amended
				by 2008 Extra Sess. Ky. Acts ch. 1, sec. 24 and of
				KRS
				61.645, this administrative regulation
				establishes, effective September 1, 2008, a separate 401(h) account under
				26 U.S.C.
				401(h) within each of the
				following: the Kentucky Employees Retirement System Trust Fund, the State
				Police Retirement System Trust Fund, and the County Employees Retirement Trust
				Fund.
Section 1. Definitions.
(1) "Dependent" is defined by the Internal
			 Revenue Code,
			 26 U.S.C. 152,
			 excluding subsections (b)(1), (b)(2), and (d)(1)(B).
(2) "Medical expense" means expense for
			 medical care as defined by
			 26 U.S.C. Section
			 213(e)(1) of the Internal
			 Revenue Code.
(3) "Retired", for
			 purposes of eligibility to receive the medical benefits described in
			 26 U.S.C.
			 401(h), means:
(a) An employee is eligible to receive
			 benefits under the Kentucky Retirement Systems;
(b) The employee is not still employed by the
			 employer; and
(c) A separation from
			 employment has occurred.
(4) "Systems" means the retirement systems
			 administered by Kentucky Retirement Systems.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:430 - General compliance with federal tax laws

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.505-16.652, 61.510-61.705, 78.510-78.852,
				26 U.S.C.
				401(a)(7), (8), (25),
				414(d),(p),(u),
				503(b),
				Pub.L.
				110-245
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of the Kentucky Retirement Systems to promulgate
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				16.505 to
				16.652,
				61.510
				to
				61.705,
				and
				78.510
				to
				78.852
				and to conform to federal statutes and regulations. This administrative
				regulation establishes Kentucky Retirement Systems' compliance with
				26 U.S.C.
				401(a),
				26 U.S.C.
				414,
				Pub.L.
				No. 110-245, and
				26 U.S.C.
				503(b) in order for Kentucky
				Employees Retirement System, State Police Retirement System, and County
				Employees Retirement System to maintain their tax qualified status as public
				defined benefits plans.
Section 1.
			 Compliance with
			 26 U.S.C.
			 401(a)(7) and
			 401(a)(8)
			 for Vesting and Forfeitures.
(1) A plan
			 member shall be 100 percent vested in the member's accumulated contributions at
			 all times.
(2) In conformity with
			 26 U.S.C.
			 401(a)(8), any forfeitures
			 of benefits by members or former members of the plan shall not be used to pay
			 benefit increases. However, these forfeitures shall be used to reduce employer
			 contributions.
(3) Upon termination
			 or partial termination of an affected retirement system, or the complete
			 discontinuance of contributions, a member shall have a nonforfeitable interest
			 in his accrued benefit to the extent funded except as provided by
			 KRS
			 16.652,
			 61.692,
			 and
			 78.852.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:440 - Kentucky retirement systems trustee education program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.645(18)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.645(18) requires the
				board to shall establish a formal trustee education program for all trustees of
				the board, which shall be incorporated by reference in an administrative
				regulation. This administrative regulation establishes the Kentucky Retirement
				Systems Trustee Education Program.
Section
			 1. Each trustee shall comply with the Kentucky Retirement Systems
			 Trustee Education Program.
Section
			 2. Incorporation by Reference.
(1) The "Kentucky Retirement Systems Trustee
			 Education Program", adopted August 18, 2011, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 Kentucky Retirement Systems, Perimeter Park West, 1260 Louisville Road,
			 Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:445 - Electronic ballots in Trustee elections

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				16.505 to
				16.652,
				61.510
				to
				61.705,
				and
				78.510
				to
				78.852
				and to conform to federal statutes and regulations.
				KRS
				61.645(4)(j) authorizes
				Kentucky Retirement Systems to promulgate an administrative regulation to
				implement the use of electronic ballots in the trustee election process and
				requires paper ballots to be mailed upon request of any eligible voter. This
				administrative regulation establishes the procedures and requirements for
				casting electronic and paper ballots, and the tabulation of the ballots for
				trustee elections.
Section 1.
			 Definitions.
(1) "Ballot" means a voting
			 instrument, either electronic or paper, that includes the candidate's:
(a) Name;
(b) Recent photograph;
(c) City and county of residence;
(d) Employing agency and position title, or
			 the employing agency from which the candidate last worked or retired and the
			 position title of the last position held;
(e) Education including schools and
			 universities attended and degrees earned;
(f) Whether or not the candidate has been
			 convicted of a felony;
(g) Any
			 professional licenses or certifications held by the candidate;
(h) Any organization of which the candidate
			 is a member that is listed on the candidate's application; and
(i) The Web site address where each
			 candidate's application filed by the candidate and the candidate's resume is
			 available for viewing.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:457 - In-line-of-duty survivor benefits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.010-13B.170,
				16.505-16.582,
				16.601,
				61.505,
				61.592,
				61.615,
				61.640,
				61.665,
				61.691,
				78.510-78.852
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority to promulgate administrative regulations on
				behalf of the Kentucky Retirement Systems and the County Employees Retirement
				System that are consistent with
				KRS
				16.505 to
				16.652,
				61.505,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				KRS
				16.601 and
				78.5534 establish survivor
				benefits for certain eligible beneficiaries in the event of a hazardous
				position employee's death resulting from an act in-line-of-duty. This
				administrative regulation establishes the procedures for filing and
				administering an application for in-line-of-duty survivor benefits, and the
				appeal procedures if denied.
Section
			 1. Definitions.
(1) "Contingent
			 eligible beneficiary" means a person that meets the requirements to be an
			 eligible beneficiary, except that he or she is superseded by a different
			 eligible beneficiary.
(2) "Eligible
			 beneficiary" means a person who meets the eligibility qualifications for
			 in-line-of-duty survivor benefits as provided by
			 KRS
			 16.601(1)-(3) and
			 78.5534(1)-(3).
(3) "Submit" means
			 the required form, documentation, report, or payment has been received by the
			 retirement office via mail, fax, electronic mail, the Employer Self Service Web
			 site, or other mode specifically detailed in this administrative
			 regulation.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:081 - Kentucky Emergency Response Commission (KERC) Tier II reporting and fee schedule requirements; extremely hazardous substance (EHS) facility planning participation requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.020,
				39E.030,
				39E.040,
				39E.050,
				39E.110,
				39E.120,
				39E.130,
				39E.140,
				39E.150,
				39E.160,
				39E.170,
				39E.190,
				39E.220,
				39E.230,
				29 C.F.R.
				1910.1200, 40 C.F.R. Part 355 , Appendix A,
				Appendix B, Part 370,
				42
				U.S.C. 11001-11050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.040(3) requires the KERC
				to develop reporting requirements and procedures for individuals, businesses,
				and governmental agencies that manufacture, use, store, or transport hazardous
				substances.
				KRS
				39E.040(6) requires the
				commission to recommend administrative regulations to the director for issuance
				by the Division of Emergency Management to implement KRS Chapter 39E. This
				administrative regulation establishes the Tier II reporting and facility
				planning participation requirements for facilities subject to
				42
				U.S.C. 11001 through
				42 U.S.C.
				11050.
Section
			 1. Definitions.
(1) "Category"
			 means the five (5) types of facilities and applicable category numbers, defined
			 by paragraphs (a) through (e) of this subsection, describing individuals,
			 businesses, and governmental agencies that manufacture, use, store, or
			 transport hazardous substances.
(a) "Category
			 One Facility" means any facility owned or operated by local, state, or federal
			 government that is:
1. Exempted from paying
			 any fee in accordance with
			 KRS
			 39E.050; and
2. Not exempt from reporting requirements
			 pursuant to
			 KRS
			 39E.020,
			 39E.030,
			 39E.040,
			 39E.050,
			 39E.110,
			 39E.120,
			 39E.190,
			 39E.220,
			 and
			 39E.230.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:091 - Kentucky Emergency Response Commission (KERC) fee account grant requirements for local emergency planning committees (LEPCs)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.040,
				39E.050,
				39E.110,
				39E.130,
				39E.140,
				39E.150,
				39E.160,
				39E.170,
				39E.220,
				39E.230,
				61.800,
				61.805,
				61.810,
				61.820,
				61.823,
				61.826,
				61.835,
				Chapter 424, 40 C.F.R. Part 355 , Appendix A, Appendix B,
				42
				U.S.C. 11001-11050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.040(3) requires the KERC
				to develop reporting requirements and procedures for individuals, businesses,
				and governmental agencies that manufacture, use, store, or transport hazardous
				substances.
				KRS
				39E.040(6) requires the
				commission to recommend administrative regulations to the director for issuance
				by the Division of Emergency Management to implement KRS Chapter 39E. This
				administrative regulation establishes criteria and procedures to be met by
				LEPCs requesting funds generated by
				KRS
				39E.050.
Section
			 1. Definitions.
(1) "Extremely
			 Hazardous Substance Facility Emergency Response Plan" or "EHS Facility
			 Emergency Response Plan" means an emergency response plan for a facility
			 subject to SARA Title III (Superfund Amendments and Reauthorization Act of
			 1986),
			 42
			 U.S.C. 11001 et seq., that:
(a) Has in its inventory an EHS above
			 Threshold Planning Quantity (TPQ); and
(b) Meets all required planning elements of
			 SARA Title III,
			 42 U.S.C.
			 11003,
			 KRS 39E.110,
			 KRS
			 39E.130,
			 KRS
			 39E.140,
			 KRS
			 39E.150,
			 KRS
			 39E.160,
			 KRS
			 39E.170,
			 KRS
			 39E.220, and the KERC's planning requirements
			 found in the Responsibilities of the LEPC Course: Manual (KERC Document
			 715-RL), incorporated by reference in
			 106
			 KAR 1:081.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:101 - Kentucky Emergency Response Commission (KERC) fee account grant requirements for state agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.050,
				39E.230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.040(3) requires the KERC
				to develop reporting requirements and procedures for individuals, businesses,
				and governmental agencies that manufacture, use, store, or transport hazardous
				substances.
				KRS
				39E.040(6) requires the
				commission to recommend administrative regulations to the director for issuance
				by the Division of Emergency Management to implement KRS Chapter 39E. This
				administrative regulation establishes criteria and procedures to be met by
				state agencies requesting funds generated by
				KRS
				39E.050.
Section
			 1. Eligibility of State Agencies. State agencies that perform
			 functions to assist the KERC in the administration of its programs and
			 activities at the state level shall be eligible to apply for funding.
Section 2. State Agency Procedures.
(1) State agencies that apply for financial
			 assistance shall apply by completing an LEPC Grant Application (KERC Form:
			 101-GA, incorporated by reference in
			 106
			 KAR 1:091) and shall include an LEPC Detailed Budget
			 (KERC Form: 102-DB, incorporated by reference in
			 106
			 KAR 1:091) identifying how the requested funds are to
			 be spent.
(2) State agencies may
			 request funding for staff to support the commission in the administration of
			 its programs and activities at the state level. If a request for staff is
			 included in the grant request, the state agencies shall attach a position
			 description detailing job duties and an organization chart defining that
			 position within the agency.
(3) The
			 Grant Application and Detailed Budget shall be submitted to the KERC program
			 manager no later than April 30.
(4)
			 The KERC program manager shall review the Grant Application and Detailed Budget
			 submissions for completeness and conformance to KRS Chapter 39E and KAR Title
			 106, note any recommendations, and forward them to the Grant Review Committee
			 no later than May 31.
(5) The Grant
			 Review Committee, with a quorum present, shall review all grant requests from
			 state agencies and forward committee recommendations to the KERC for final
			 approval.
(6) The KERC shall make
			 the grant awards no later than July 30.
(7) The chairman of the KERC, or designee, or
			 the Grant Review Committee may request additional information, which shall be
			 provided by the state agency. Failure to provide the requested information
			 shall invalidate the state agency's request for funding.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:111 - Kentucky Emergency Response Commission (KERC) Fee Account Grant Review Committee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.040,
				39E.050,
				39E.080,
				39E.110,
				39E.140,
				39E.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.040(3) requires the KERC
				to develop reporting requirements and procedures for individuals, businesses,
				and governmental agencies that manufacture, use, store, or transport hazardous
				substances.
				KRS
				39E.040(6) requires the
				commission to recommend administrative regulations to the director for issuance
				by the Division of Emergency Management to implement KRS Chapter 39E. This
				administrative regulation establishes the KERC Grant Review Committee to review
				requests for financial assistance.
Section
			 1. Purpose of the Grant Review Committee.
(1) The Grant Review Committee shall review
			 all grant requests from Local Emergency Planning Committees (LEPCs) and state
			 agencies and make recommendations to the KERC.
(2) The Grant Review Committee shall monitor
			 all grant awards to ensure compliance with KRS Chapter 39E and KAR Title
			 106.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:121 - Kentucky Emergency Response Commission (KERC) fee account grant distribution formula

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.050, 42 U.S.C. 11000, et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.040(3) requires the
				Kentucky Emergency Response Commission to develop reporting requirements and
				procedures for individuals, businesses, and governmental agencies that
				manufacture, use, store, or transport hazardous substances.
				KRS
				39E.040(6) requires the
				commission to recommend administrative regulations to the director for issuance
				by the Division of Emergency Management to implement KRS Chapter 39E. This
				administrative regulation establishes administrative support and the grant
				distribution formula to be used in awarding grants for funds generated by
				KRS
				39E.050.
Section
			 1. Local Emergency Planning Committee (LEPC) Grant Distribution
			 Formula.
(1) The collection of maintenance
			 and access fees, late fees, and fines shall be required for the administration
			 of the KERC program. At least fifty (50) percent of funds collected annually
			 pursuant to
			 KRS
			 39E.050 shall be awarded to eligible LEPCs
			 that submit grant requests for administration, development, and implementation
			 of the Kentucky Emergency Planning and Community Right-to-Know Program, known
			 as SARA Title III (Superfund Amendments and Reauthorization Act of 1986),
			 42
			 U.S.C. 11001, et seq., within the guidelines
			 mandated by
			 42
			 U.S.C. 11001(a), (b), and
			 (c), Section
			 301,
			 and
			 KRS
			 39E.050.
(2) The grant distribution formula to
			 determine how much money will be available to each LEPC shall be:
(a) Ten (10) percent of the total amount (A)
			 collected by March 1 divided by the total number of counties in the state.
Click here
				to view
Hypothetical example:
Click here
				to view
(b) Plus
			 twenty (20) percent of the total amount (A) collected by March 1 times the
			 ratio of KERC - required and approved EHS Facility Emergency Response Plans
			 (Qc) in the planning district to the total KERC - approved (Qs) in the state.
Click here
				to view
Hypothetical example:
Click here
				to view
(c) Plus
			 twenty (20) percent of the total amount (A) collected by March 1 times the
			 ratio of Tier II Reports (Tc) in the planning district to the total number of
			 Tier II Reports (Ts) in the state.
Click here
				to view
Hypothetical example:
Click here
				to view
(3) The grant (Gr) distribution formula to
			 determine how much money an eligible LEPC that submits a grant request form may
			 receive shall be:
Click here
				to view
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:131 - Kentucky Emergency Response Commission civil penalty assessment and hearings procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39E.010,
				39E.040,
				39E.050,
				39E.080,
				39E.120,
				39E.130,
				39E.190,
				39E.200,
				39E.210,
				39E.220,
				39E.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39E.010(1),
				39E.040(6),
				39E.050(4),
				39E.080(4),
				39E.120,
				39E.200(1),
				and
				39E.210
				require the Kentucky Emergency Response Commission and the Division of
				Emergency Management to promulgate administrative regulations governing the
				activities of the Kentucky Emergency Response Commission, including standards
				and procedures for the operations of the commission and local emergency
				planning committees, fee system, hazardous substance inventory and substance
				release reporting, emergency procedures and requirements, and establishment of
				warning and notification standards. This administrative regulation establishes
				procedures to be followed to assess civil penalties by the Kentucky Emergency
				Response Commission as provided for in
				KRS 39E.990.
Section 1. General Provisions.
(1) The commission shall commence an
			 administrative action to impose a civil penalty under
			 KRS
			 39E.990(3) against a person
			 if the commission has notice of the existence of a violation of any provision
			 of
			 KRS
			 39E.010,
			 39E.040,
			 39E.050,
			 39E.080,
			 39E.120,
			 39E.130,
			 39E.190,
			 39E.200,
			 39E.210,
			 39E.220,
			 or
			 39E.990.
(2)
(a) The
			 commission chairman (or designee) shall mail to the alleged violator a writing
			 styled "NOTICE OF VIOLATION", which shall contain the specific date, time, and
			 place of the violation, if applicable, together with a summary of the factual,
			 legal, and other grounds upon which the notice of violation is based, and the
			 specific provisions of
			 KRS
			 39E.010,
			 39E.040,
			 39E.050,
			 39E.080,
			 39E.120,
			 39E.130,
			 39E.190,
			 39E.200,
			 39E.210,
			 39E.220,
			 or
			 39E.990 or Title 106
			 KAR that were allegedly violated.
(b) Recitation of statutory or regulatory
			 standards shall not be a sufficient summary of the grounds for the commission's
			 action.
(3) The
			 commission chairman (or designee) may attempt to informally resolve the
			 violation. Informal resolution shall be in accordance with Section 3 of this
			 administrative regulation.
(4) If,
			 after ninety (90) days from the issuance of the notice of violation the alleged
			 violation is unresolved, the commission chairman (or designee) shall issue a
			 notice of administrative hearing, following the requirements of
			 KRS
			 13B.050.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:141 - Emergency management funding

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(i), (j), (m),
				39C.010,
				42 U.S.C.
				5170(c),
				5172,
				5173,
				5196,
				50 U.S.C.
				1521
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39A.050(2)(i) requires the
				division to provide funds to a city, county, or charter county government to
				support a local emergency management agency and comprehensive emergency
				management program. This administrative regulation establishes eligibility
				requirements of a city, county, urban-county, or charter county government for
				emergency management funding.
Section
			 1. Definitions.
(1) "Applicant"
			 means a local emergency management agency of a city, county, urban-county, or
			 charter county government established pursuant to
			 KRS
			 39B.010 and
			 106 KAR 1:231.
(2) "Emergency management funding" means the
			 funds defined by subsections (3) through (6) of this section.
(3) "Chemical Stockpile Emergency
			 Preparedness Program Fund" means the funding established in
			 50 U.S.C.
			 1521.
(4) "Federal Disaster and Emergency
			 Assistance Fund" means the funding granted to the division by the Federal
			 Emergency Management Agency, under
			 42 U.S.C.
			 5170(c),
			 5172, and
			 5173.
(5) "Federal Emergency Management Assistance
			 Fund" means the funding granted to the division by the Federal Emergency
			 Management Agency, under 42
			 U.S.C. 5196.
(6) "Supplementary State Fund" means the fund
			 established in KRS
			 39C.010 and
			 39C.020.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:171 - Local emergency management agency program quarterly report

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(j),
				39B.020,
				39C.050(1),
				39C.080(2),
				6 U.S.C.
				762,
				42 U.S.C.
				5121 et seq., 5196,
				50 U.S.C.
				1521
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39A.050(2)(j) and
				39C.080(2)
				require local emergency management directors submit work activity progress
				reports to the Division of Emergency Management quarterly. This administrative
				regulation establishes the submission process and procedure for local emergency
				management directors to meet the quarterly reporting requirement.
Section 1. Quarterly Report Documentation
			 Requirements.
(1) A local emergency management
			 director shall submit quarterly report documentation to the Division of
			 Emergency Management by January 15, April 15, July 15, and October 15, through
			 the online portal at
http://www.kyemweb.com
.
(2) Quarterly report documentation shall
			 include minimum required documentation for a scheduled work plan objective as
			 established in the Emergency Management Assistance (EMA) Annual Program
			 Guidance.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:181 - Emergency management project application

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(j),
				39C.060,
				39C.070(2),
				42 U.S.C.
				5196
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39A.050(2)(j) and
				39C.070(2)
				require the Division of Emergency Management to require a local emergency
				management agency to submit a project application, with supporting material, to
				request financial assistance from the Emergency Management Assistance (EMA)
				Fund for administrative or operational equipment and for capital and
				procurement projects. This administrative regulation establishes an application
				form to request financial assistance from the EMA fund for a project.
Section 1. Definitions.
(1) "Emergency Management Assistance Fund" or
			 "EMA Fund" means the funds defined by
			 106 KAR 1:141, Section 1(5) and
			 (6).
(2) "Project" means a purchase
			 or procurement of administrative or operational equipment or capital
			 expenditure, in excess of $500.
(3)
			 "Project application" means a completed KentuckyDivision of Emergency
			 Management State Project Application", KYEM Form 170.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:191 - Emergency management project application reimbursement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(j),
				39C.070(2),
				42 U.S.C.
				5196
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39A.050(2)(j) and
				39C.070(2)
				require the Division of Emergency Management to require a local emergency
				management director to submit a reimbursement claim, with supporting
				documentation, to request financial reimbursement for an approved project
				application from the Emergency Management Assistance (EMA) Fund. This
				administrative regulation establishes the reimbursement procedure required to
				request reimbursement from the EMA fund for an approved project application as
				established in
				106 KAR 1:181.
Section 1. Definition. "Emergency Management
			 Assistance Fund" or "EMA Fund" means the funds defined by
			 106 KAR 1:141, Section 1(5) and
			 (6).
Section 2. Reimbursement
			 Documentation. To apply for reimbursement from the EMA Fund, a local emergency
			 management director shall submit a completed "Local Emergency Management
			 Assistance Claim Form," KyEM: Form 160, signed by the local emergency
			 management director and the County Treasurer or County Judge/Executive, and
			 vendor invoices or receipts to a Division of Emergency Management area manager
			 and per the process directed by the Division of Emergency Management.
Section 3. Incorporation by Reference.
(1) "Local Emergency Management Assistance
			 Claim Form," KyEM: Form 160, August 2016, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable Copyright law, at
			 Division of Emergency Management, 100 Minuteman Parkway, Frankfort, Kentucky
			 40601-6168, Monday through Friday, 8 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:201 - Local emergency management plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.070(5),
				39B.020(3)(d),
				39B.030(3),
				39B.060,
				39C.050(3),
				39E.010(1),
				39E110(1)(a)(e),(f), 39E150, 39F.190,
				42 U.S.C.
				11001-11050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39B.030(3) requires local
				emergency management directors develop a local emergency management plan
				consistent with 106 KAR Chapter 1. This administrative regulation establishes
				the requirements for processing a local emergency management plan.
Section 1. Definitions.
(1) "Federal fiscal year" means a period
			 beginning October 1 of a calendar year and ending September 30 of the following
			 calendar year.
(2) "Local plan"
			 means the written emergency operations plan of a city, county, charter county,
			 or urban-county government pursuant to KRS Chapters 39A through 39F.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:211 - Local emergency management training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(l),
				39B.020(1),
				(3)(d),
				39C.050(1),
				(2),
				29 C.F.R.
				1910.120(q)(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(l) requires the
				Division of Emergency Management to institute emergency management training
				programs. KRS
				39C.050(1) and (2) require
				local emergency management agency personnel to complete required training. This
				administrative regulation establishes training requirements for a local
				director and other local emergency management agency personnel.
Section 1. Definitions.
(1) "Emergency Management Development
			 Program" means the training curriculum established in Section 2(2) and (3) of
			 this administrative regulation.
(2)
			 "Emergency management training" means a seminar, workshop, course, class, or
			 instruction conducted, sponsored, established, offered through, or approved by
			 the Division of Emergency Management.
(3) "Federal fiscal year" means a period
			 beginning October 1 of a calendar year and ending September 30 of the following
			 calendar year.
(4) "Local staff
			 member" means a deputy director, paid or volunteer, or a person appointed to a
			 local emergency management agency pursuant to KRS 39B,070(3) and established in
			 KRS
			 39C.050(2).
(5) "Successfully complete" means to attend
			 or participate in emergency management training and to acquire and submit a
			 copy of instructor-provided training completion certificate or record to the
			 Division of Emergency Management.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:221 - Local emergency management exercise

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050(2)(l),
				39C.050(4),
				39E.010(1),
				39E.150,
				42 U.S.C.
				11001-11050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39A.050(2)(l) requires the
				Division of Emergency Management to institute exercise programs for local
				emergency management. This administrative regulation establishes requirements
				for exercising a local emergency management plan.
Section 1. Definitions.
(1) "Exercise" means a test and evaluation of
			 a local plan.
(2) "Federal fiscal
			 year" means a period beginning October 1 of a calendar year and ending
			 September 30 of the following calendar year.
(3) "Full-scale exercise" means a
			 comprehensive test and evaluation of a local plan utilizing written objectives
			 that emphasize the practice of multiple emergency management functions and
			 require actual deployment of policy, coordination, and operations personnel,
			 equipment, and resources in response to a simulated emergency.
(4) "Functional exercise" means a limited
			 test and evaluation of a local plan utilizing written objectives that emphasize
			 the practice of direction and control procedures and requiring actual and
			 simulated utilization of policy, coordination, and operations personnel,
			 equipment, and resources in response to a simulated emergency.
(5) "Local plan" means the written emergency
			 operations plan of a city, county, charter county, or urban-county government,
			 pursuant to KRS Chapters 39A through 39F.
(6) "Tabletop exercise" means a group
			 discussion led by a facilitator utilizing a written scenario narrative and a
			 set of problem statements, directed messages, or prepared questions designed to
			 test and evaluate a local plan.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:231 - Local emergency management agency ordinance requirement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39B.010,
				39B.020,
				39B.030,
				39B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39B.010(1) requires each
				city, county, charter county, or urban-county government create a local
				emergency management agency. This administrative regulation establishes the
				requirements to be met by a governing body of a city, county, charter county,
				or urban-county government to develop and pass a local emergency management
				agency ordinance.
Section 1. Ordinance
			 Provisions.
(1) The governing body of a city,
			 county, charter county, or urban-county Government shall pass a local ordinance
			 pertaining to local emergency management agency creation, as established in
			 KRS
			 39B.010.
(2) A local ordinance passed pursuant to
			 subsection (1) of this section shall:
(a)
			 Include the term "emergency management" in the title of the local ordinance;
			 and
(b) Include provisions that
			 state:
1. The official name of a local
			 emergency management agency created in the local ordinance;
2. The functional and operational
			 organization of a local emergency management agency consistent with
			 KRS
			 39B.010;
3. The establishment and use of a local
			 emergency management agency budget account consistent with
			 KRS
			 39B.010(3);
4. The powers and responsibilities of a local
			 emergency management agency;
5. The
			 powers, authorities, rights, and duties of a local emergency management agency
			 director appointed pursuant to
			 KRS
			 39B.020, including all the powers, duties,
			 rights, and authorities established in
			 KRS
			 39B.030; and
6. Ordinance enforcement, including the
			 establishment of penalties for violation of the local ordinance.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:241 - Local emergency management director appointment process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 39A - 39F
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39B.020 requires the chief executive officer
				of a local government entity to appoint a local emergency management director.
				This administrative regulation establishes the process to be followed for the
				chief executive officer of a local government entity to appoint or reappoint a
				local emergency management director.
Section
			 1. Definitions.
(1) "Candidate"
			 means the individual proposed to be appointed pursuant to
			 KRS
			 39B.020.
(2) "Local appointing authority" means a
			 county judge/executive, mayor, or chief executive officer of a local government
			 entity.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:251 - Local emergency management personnel Workers' Compensation Enrollment Form

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39C.110(4),
				39F.170(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39C.110(4) and
				39F.170(6)
				require workers' compensation insurance coverage for local emergency management
				personnel. This administrative regulation establishes the procedure to be
				followed by local emergency management personnel to enroll in workers'
				compensation insurance coverage paid by the Division of Emergency
				Management.
Section 1. Definition.
			 "Local personnel" means the personnel specified in
			 KRS
			 39C.110 and
			 39F.170.
Section 2. Enrollment Procedure. To enroll in
			 workers' compensation insurance coverage, local personnel shall submit a
			 completed KYEM Form 50 to the area manager who shall maintain a hard copy of
			 KYEM Form 50 in the area office and promptly upload a copy of the KYEM Form 50
			 into the WebEOC database.
Section
			 3. Incorporation by Reference.
(1) "KYEM Form 50", September 2020, is
			 incorporated by reference.
(2) This
			 material may be inspected, copied, or obtained subject to applicable copyright
			 law, at the Division of Emergency Management, Emergency Operations Center, 100
			 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday through Friday, 8
			 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:261 - Supplementary state fund emergency management training expense reimbursement eligibility list

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39C.010,
				39C.020,
				39C.050(8), (9)(a),
				(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39C.050(9)(a) requires the
				Division of Emergency Management promulgate an administrative regulation to
				establish officials who may be reimbursed for expenses associated with
				attendance at emergency management training. This administrative regulation
				establishes the list of officials eligible to receive emergency management
				training expense reimbursement through the supplementary state fund established
				in KRS
				39C.010 and
				39C.020.
Section 1. Definition. "Emergency management
			 training" means a seminar, workshop, course, class, module, or instruction that
			 is conducted, sponsored, established, offered through, or approved by the
			 Division of Emergency Management.
Section
			 2. Eligible Officials. In addition to those officials established
			 in KRS
			 39C.050(8), the following
			 officials, or their designee, may have the expenses established in
			 KRS
			 39C.050(9)(b) reimbursed
			 through the supplementary state fund for attendance at emergency management
			 training subject to the availability of funds, a:
(1) Local emergency management agency
			 secretary or administrative support staff;
(2) Chief of a local fire
			 department;
(3) Chief of a local
			 law enforcement agency;
(4)
			 Director of a local ambulance service;
(5) Director of a local emergency medical
			 service;
(6) Local public works
			 director;
(7) Local emergency
			 management agency operations officer;
(8) Local emergency management communications
			 officer;
(9) Local emergency
			 management agency public information officer;
(10) Local emergency management agency hazard
			 mitigation officer;
(11) Chief of a
			 local rescue squad;
(12) Local
			 search and rescue coordinator;
(13)
			 Local twenty-four (24) hour warning point supervisor;
(14) Local public safety officer;
			 and
(15) Chairperson of a local
			 emergency planning committee.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:291 - Specialized rescue squad alternative affiliation agreement process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39F.030(1) authorizes a
				rescue squad to provide regional or statewide specialized rescue services to
				apply to the Director of the Division of Emergency Management for an
				alternative affiliation agreement and alternative vehicle and equipment
				requirements. This administrative regulation establishes the process for
				submitting alternative affiliation requests.
Section 1. Definition. "Chief rescue officer"
			 means the chief executive officer of a rescue squad.
Section 2. Alternative Request.
(1) A chief rescue officer shall submit a
			 written request for alternative affiliation and alternative vehicle and
			 equipment requirements, including all supporting documentation, to a division
			 area manager; and
(2) A request
			 shall include a geographical service area as either statewide or regional.
			 Regional service areas shall list each county in a region.