reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 420 - KENTUCKY RIVER AUTHORITY › Chapter 1 - Kentucky River Authority › Section 420 KAR 1:020 - Administrative procedures of the authority

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
				223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
				151.730 authorize the Kentucky River Authority to manage the surface water and
				groundwater of the Kentucky River basin. The authority has the power and duty
				to develop and to implement programs relating to the locks and dams on the
				Kentucky River; to acquire, to sell and to lease property; to develop
				recreational areas; to issue revenue bonds; to assess fees for water use; to
				contract for services; to adopt administrative regulations protecting waters in
				the Kentucky River basin; to develop and to implement comprehensive plans for
				protecting the water of the Kentucky River basin; and to collaborate with the
				Natural Resources and Environmental Protection Cabinet and other state agencies
				in coordinating Kentucky River basin water resource and water quality
				activities. This administrative regulation establishes administrative
				procedures employed by the authority in implementing those powers and
				duties.
Section 1. Election of
			 Vice-chairman. In addition to electing a chairman as provided by KRS
			 151..710(6), the authority shall elect one (1) of its members as vice-chairman.
			 The vice-chairman may act for the authority in the absence or unavailability of
			 the chairman.
Section 2. Meetings
			 of the Authority. Meetings of the authority shall be conducted in accordance
			 with the Kentucky Open Meetings Law, KRS 61.805 through 61.850.
Section 3. Inspection of Public Records.
(1) Public records of the authority shall be
			 made available for public inspection in accordance with the Kentucky Open
			 Records Act, KRS 61.870 through 61.884.
(2) The authority shall make available to a
			 public library located in each county contained in whole or in part within the
			 Kentucky River basin copies of the following documents:
(a) The authority's quarterly and annual
			 reports;
(b) The authority's draft
			 and final unified long-range water resource plans;
(c) The authority's draft and final drought
			 response plans;
(d) The authority's
			 letter approving a county long-range water resource plan;
(e) A county's draft and final long-range
			 water resource plans; and
(f) The
			 authority's administrative regulations.
Kentucky Administrative Regulations › Title 420 - KENTUCKY RIVER AUTHORITY › Chapter 1 - Kentucky River Authority › Section 420 KAR 1:030 - Management of surface water and groundwater in the Kentucky River basin

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
				223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
				151.730 authorize the Kentucky River Authority to manage the surface water and
				groundwater of the Kentucky River basin. The authority has the power and duty
				to develop and to implement programs relating to the locks and dams on the
				Kentucky River; to acquire, to sell and to lease property; to develop
				recreational areas; to issue revenue bonds; to assess fees for water use; to
				contract for services; to adopt administrative regulations protecting water in
				the Kentucky River basin; to develop and to implement comprehensive plans for
				protecting the water of the Kentucky River basin; and to collaborate with the
				Natural Resources and Environmental Protection Cabinet and other state agencies
				in coordinating Kentucky River basin water resource and water quality
				activities. This administrative regulation explains certain powers and duties
				and imposes certain requirements relating to management of surface water and
				groundwater in the Kentucky River basin.
Section
			 1. Scope and Applicability.
(1)
			 Purpose. It shall be the purpose of this administrative regulation to manage
			 the surface water and groundwater of the Kentucky River basin.
(2) Compatibility. The authority's
			 administrative regulations set forth in this chapter shall be interpreted to be
			 compatible with the statutes and administrative regulations administered by the
			 cabinet.
Kentucky Administrative Regulations › Title 420 - KENTUCKY RIVER AUTHORITY › Chapter 1 - Kentucky River Authority › Section 420 KAR 1:040 - Tier I water use fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
				223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
				151.730 authorize the Kentucky River Authority to manage the surface water and
				groundwater of the Kentucky River basin. The authority has the power and duty
				to develop and to implement programs relating to the locks and dams on the
				Kentucky River; to acquire, to sell and to lease property; to develop
				recreational areas; to issue revenue bonds; to assess fees for water use; to
				contract for services; to adopt administrative regulations protecting water in
				the Kentucky River basin; to develop and to implement comprehensive plans for
				protecting the water of the Kentucky River basin; and to collaborate with the
				Natural Resources and Environmental Protection Cabinet and other state agencies
				in coordinating Kentucky River basin water resource and water quality
				activities. This administrative regulation establishes Tier I water use
				fees.
Section 1. Purpose. This
			 administrative regulation establishes Tier I fees and incidental charges for
			 the withdrawal of surface water and groundwater from the Kentucky River
			 basin.
Section 2. Persons Required
			 to Pay Tier I Fee. The persons identified in this section of this
			 administrative regulation shall pay to the authority the Tier I fee and
			 incidental charges established by this administrative regulation, unless
			 exempted by Section 3 of this administrative regulation.
(1) A person who withdraws surface water or
			 groundwater from the Kentucky River basin for non-contact cooling water shall
			 pay a Tier I fee based on net withdrawal, which shall be 150 percent of the
			 Tier I fee for gross withdrawal.
(2) Unless entitled to a fee based on net
			 withdrawal in accordance with subsection (1) of this section, a person who
			 withdraws surface water or groundwater from the Kentucky River basin shall pay
			 a Tier I fee based on gross withdrawal.
Kentucky Administrative Regulations › Title 420 - KENTUCKY RIVER AUTHORITY › Chapter 1 - Kentucky River Authority › Section 420 KAR 1:050 - Tier II water use fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151.100-151.600, 151.700-151.730, 151.990,
				223.400-223.460, 224.70, 224.73
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151.700 through
				151.730 authorize the Kentucky River Authority to manage the surface water and
				groundwater of the Kentucky River basin. The authority has the power and duty
				to develop and to implement programs relating to the locks and dams on the
				Kentucky River; to acquire, to sell and to lease property; to develop
				recreational areas; to issue revenue bonds; to assess fees for water use; to
				contract for services; to adopt administrative regulations protecting water in
				the Kentucky River basin; to develop and to implement comprehensive plans for
				protecting the water of the Kentucky River basin; and to collaborate with the
				Natural Resources and Environmental Protection Cabinet and other state agencies
				in coordinating Kentucky River basin water resource and water quality
				activities. This administrative regulation establishes Tier II water use
				fees.
Section 1. Purpose. This
			 administrative regulation establishes Tier II fees and incidental charges for
			 the withdrawal of surface water from the main stem of the Kentucky
			 River.
Section 2. Persons Required
			 to Pay Tier II Fees. The persons identified in this section of this
			 administrative regulation shall pay to the authority the Tier II fees and
			 incidental charges established by this administrative regulation, unless
			 exempted by Section 3 of this administrative regulation.
(1) A person who withdraws surface water from
			 the mainstem of the Kentucky River downstream of lock and dam 14 for noncontact
			 cooling water shall pay a Tier II fee based on net withdrawal, which shall be
			 150 percent of the Tier II fee for gross withdrawal.
(2) Unless entitled to a fee based on net
			 withdrawal in accordance with subsection (1) of this section, a person who
			 withdraws surface water from the main stem of the Kentucky River downstream of
			 lock and dam 14 shall pay a Tier II fee based on gross withdrawal.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 1 - Peace Officer Death Benefits › Section 500 KAR 1:020 - Filing and processing of death benefit claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation
				provides criteria and procedures applicable to filing and processing of death
				benefit claims for the proper administration of benefits legally required to be paid
				to the proper party or parties on the death of police officers who have died in the
				line of duty, as required by
				KRS
				61.315(4) to be promulgated by
				the Justice Cabinet.
Section 1. Submission
			 of Claim by Proper Party. Death benefit claims shall be filed with the office of the
			 secretary of the cabinet who shall determine the proper party or parties to submit a
			 claim for death benefits in accordance with the following requirements:
(1) The claim shall be submitted and executed by
			 the claimant or the claimant's legally designated representative upon submission of
			 written proof of such designation.
(2)
			 If the claimant is under a disability in terms of mental or physical incapacity or
			 as a result of being a minor, then the claim shall be submitted and executed by the
			 claimant's legally appointed guardian, committee, trustee or other legal
			 representative upon submission of written proof of such disability and proof of the
			 legal authority of representation by means of affidavits, certified court records,
			 or other legal documents.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 2 - Special Law Enforcement Officers › Section 500 KAR 2:020 - Filing and processing SLEO commissions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.334,
				15.383,
				61.300,
				61.900-61.930,
				61.990,
				61.991,
				62.010,
				62.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.902 authorizes the Secretary of the
				Justice and Public Safety Cabinet to commission special law enforcement
				officers. KRS
				61.904 requires the Secretary to promulgate
				administrative regulations that are reasonable and necessary to carry out the
				provisions of KRS
				61.900 to
				61.930. This administrative
				regulation establishes the criteria and procedures required for filing and
				processing applications for commissions to be a special law enforcement
				officer.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 61.900(3).
(2) "Governmental unit" means the unit or
			 agency of state, county, city, or metropolitan government or other governmental
			 entity authorized by KRS 61.900(6)
			 or 61.902 to employ
			 SLEOs.
(3) "Secretary" is defined
			 by KRS
			 61.900(5).
(4) "SLEO Act" means the Special Law
			 Enforcement Officer Act found in
			 KRS
			 61.900 to
			 61.930.
(5) "SLEO program administrator" means the
			 person designated or appointed by the Secretary of the Justice and Public
			 Safety Cabinet to administer the Special Law Enforcement Officer Program whose
			 address is: SLEO Program Administrator, Internal Investigations Branch, 125
			 Holmes Street, Frankfort, Kentucky 40601.
(6) "Special Law Enforcement Officer" or
			 "SLEO" is defined by KRS
			 61.900(6).
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 3 - Special Local Peace Officers › Section 500 KAR 3:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.360
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.160 authorizes the secretary of the
				Justice and Public Safety Cabinet to promulgate administrative regulations in
				accordance with KRS Chapter 13A and direct proceedings and actions for the
				administration of all laws and functions which are vested in the cabinet,
				except laws and functions vested in the Department for Public Advocacy.
				KRS
				61.360 authorizes the Governor or the
				Governor's agent to appoint Special Local Peace Officers. This administrative
				regulation establishes definitions for 500 KAR Chapter 3 regulating commissions
				for Special Local Peace Officers.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by KRS
			 61.900(3).
(2) "Commission" means a commission issued to
			 an individual by the Secretary of the Justice and Public Safety Cabinet,
			 entitling the individual to perform special local peace officer duties on
			 specific private property.
(3)
			 "Private property" means specific, identified real property currently owned by
			 an individual or entity in the Commonwealth of Kentucky.
(4) "Property owner" means:
(a) An individual in the Commonwealth of
			 Kentucky seeking appointment of a commission of a special local peace officer
			 to protect the premises of a specific, identified private property that he or
			 she owns; or
(b) A duly authorized
			 agent or officer of an entity seeking appointment of a commission of a special
			 local peace officer to protect the premises of a specific, identified private
			 property owned by an entity rather than a person.
(5) "SLPO Act" means the Kentucky Revised
			 Statutes cited in
			 500 KAR 3:020, Section
			 2(7)(a).
(6) "SLPO program
			 administrator" means the person designated or appointed by the Secretary of the
			 cabinet to administer the Special Local Peace Officer Program whose address is:
			 SLPO Program Administrator, Justice and Public Safety Cabinet, Internal
			 Investigations Branch ("IIB"), 125 Holmes Street, Frankfort, Kentucky
			 40601.
(7) "Special local peace
			 officer," or "SLPO" means an officer described in and appointed pursuant to
			 KRS
			 61.360 and whose duties include:
(a) The protection of specific private
			 property from intrusion, entry, larceny, vandalism, abuse, waste, or
			 trespass;
(b) The prevention,
			 observation or detection of, or apprehension for, unlawful activity on specific
			 private property;
(c) The control
			 of the operation and parking of motor vehicles, bicycles, and other vehicles,
			 and the movement of pedestrian traffic on specific private property;
			 and
(d) The answering of any
			 intrusion alarm on specific private property.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 7 - Local Alternatives to Detention Fund › Section 500 KAR 7:020 - Local alternatives to detention fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.270
NECESSITY, FUNCTION, AND CONFORMITY: The Justice Cabinet is required
				to promulgate administrative regulations to govern the local alternatives to
				detention fund.
Section 1. Definitions.
(1) "Applicant" means the county fiscal court or
			 its contractor completing the grant application process for local alternative to
			 detention funds.
(2) "Local alternative
			 to detention fund (LADF)" means the fund established to provide monies for local
			 programs that support alternatives to secure detention projects.
(3) "Demonstration project" means those projects
			 that seek to test and prove the effectiveness and viability of a concept in
			 providing alternative placement to secure detention.
(4) "Disposition" means the placement of a
			 juvenile prior to secure incarceration or post incarceration.
(5) "Alternative to detention" means placement or
			 efforts made to place a juvenile in programs, projects or resources other than
			 secure detention.
(6) "Grant
			 application" means a form supplied by the Kentucky Justice Cabinet to the applicant
			 for delineating programmatically and fiscally what the applicant proposes to do in
			 the project.
(7) "Schedule" means an
			 established listing of times and dates necessary paperwork is due in the grant
			 application process to the Division of Grants Management.
(8) "Grant period" means the period of time the
			 project can incur programmatic and fiscal activity under grant funds.
(9) "Extension" means an increase in time of the
			 active grant period of a project in order to expend surplus funds. An extension
			 shall be granted by Justice Cabinet, Division of Grants Management.
(10) "Seed money" means funds that are granted to
			 allow a project to begin operation and attain self-sufficiency through use of other
			 funds.
(11) "Programmatic report" means
			 the report submitted on a quarterly basis detailing the program activity of a grant
			 project.
(12) "Fiscal report" means the
			 report submitted on a quarterly basis detailing the program activity of a grant
			 project.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 8 - Breath Analysis Operators › Section 500 KAR 8:010 - Certification of breath alcohol analysis instrument operators

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.070,
				189A.103(3),
				(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.160 authorizes the Secretary of the Justice
				and Public Safety Cabinet to promulgate administrative regulations for the
				administration of all laws and functions which are vested in the cabinet.
				KRS
				189A.103(3)(b) directs the
				secretary, or his or her designee, to issue certification for operation of breath
				alcohol analysis instruments to Kentucky peace officers. This administrative
				regulation establishes the certification of breath analysis operators as required by
				KRS
				189A.103(3)(b).
Section 1. Training Program.
(1) To become certified to operate a breath
			 alcohol analysis instrument, the person shall successfully complete the Breath Test
			 Operator Certification training program of the Department of Criminal Justice
			 Training, or the Department of Kentucky State Police.
(2) Successful completion shall mean receiving a
			 passing score on a standardized written examination as provided by the Department of
			 Criminal Justice Training, or the Department of Kentucky State Police, and the
			 satisfactory completion of a standardized practical proficiency examination
			 administered by a certified instructor.
(3) The examinations shall be included in a
			 minimum of twenty-four (24) hours of instruction, which shall include operation of
			 approved instruments that measure alcohol concentration.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 8 - Breath Analysis Operators › Section 500 KAR 8:020 - Breath alcohol analysis instruments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189A.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.300 requires the commonwealth to provide
				breath analysis instruments for each county. This administrative regulation
				establishes procedures for providing breath alcohol analysis instruments as mandated
				by
				KRS
				189A.300.
Section
			 1.
(1) Department of State Police
			 shall be responsible for the purchase of breath alcohol analysis instruments and
			 related units.
(2) All breath alcohol
			 analysis instruments and related units owned by the state used pursuant to KRS
			 Chapter 189A shall be assigned to the Department of State Police.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 8 - Breath Analysis Operators › Section 500 KAR 8:030 - Administration of breath alcohol tests and chemical analysis tests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189A.103
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.103(3)(a) requires the
				cabinet to promulgate administrative regulations establishing procedures for
				administering breath alcohol tests and chemical analysis tests of blood and urine.
				This administrative regulation establishes procedures for administering those
				tests.
Section 1. The procedures established
			 in this section shall apply to breath alcohol tests.
(1) A certified breath test operator shall have
			 the person under personal observation at the location of the test for a minimum of
			 twenty (20) minutes prior to the breath alcohol analysis. During that period the
			 subject shall not have oral or nasal intake of substances which will affect the
			 test.
(2) A breath alcohol concentration
			 test shall consist of the following steps in this sequence:
(a) Ambient air analysis;
(b) Alcohol simulator analysis;
(c) Ambient air analysis;
(d) Subject breath sample analysis; and
(e) Ambient air analysis.
(3) Each ambient air analysis performed as part of
			 the breath alcohol testing sequence shall be less than 0.02 alcohol concentration
			 units.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 10 - Kentucky Community Corrections Grant Program › Section 500 KAR 10:001 - Definitions for 500 KAR Chapter 10

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.700 - 196.736
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710
				require the Kentucky State Corrections Commission to administer the community
				corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of
				the Justice and Public Safety Cabinet to promulgate administrative regulations
				necessary or suitable for the proper administration of the functions vested in
				the cabinet or any division in the cabinet. This administrative regulation
				defines the terms to be used in 500 KAR Chapter 10.
Section 1. Definitions.
(1) "Administrator" means the person
			 designated to manage the information involved with the grants awarded under KRS 196.710 and assist the Kentucky State Corrections Commission with its
			 duties.
(2) "Board" means the
			 community corrections board specified in KRS 196.725 or the alternate board
			 described in KRS 196.710(3) approved by the commission to act in the place of a
			 community corrections board.
(3)
			 "Cabinet" is defined by KRS 196.010(1).
(4) "Commission" is defined by KRS 196.700(1).
(5) "Community
			 corrections program plan" or "program plan" is defined by KRS 196.700(3).
(6) "Department" is
			 defined by KRS 196.010(3).
(7)
			 "Eligible applicant" means any local government agency or combination of
			 agencies, private nonprofit, or charitable organization that has an established
			 a community corrections board.
(8)
			 "Fiscal report" means the report submitted on a quarterly basis within the
			 electronic grants management system detailing the fiscal activity of a grant
			 project.
(9) "Grant application"
			 means required information that delineates the programmatic and fiscal proposal
			 of the applicant for the project entered into an electronic grants management
			 system provided by the cabinet.
(10) "Grant funds" means funds awarded by the
			 commission in accordance with KRS 196.710 for implementing a community
			 corrections program plan.
(11)
			 "Grant period" means the period of time the project can incur programmatic and
			 fiscal activity under grant funds.
(12) "Programmatic report" means the report
			 submitted on a quarterly basis within the electronic grants management system
			 detailing the program activity of a grant project.
(13) "Schedule" means an established listing
			 of times and dates for which necessary grant paperwork is due to the commission
			 or the administrator.
(14)
			 "Suspension" means a temporary withholding of payment.
(15) "Termination" means the grant is ended
			 early, and all outstanding funds are withheld.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 10 - Kentucky Community Corrections Grant Program › Section 500 KAR 10:030 - Community Corrections Board and grant recipient requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.700 - 196.736
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710
				require the Kentucky State Corrections Commission to administer the community
				corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of
				the Justice and Public Safety Cabinet to promulgate administrative regulations
				necessary or suitable for the proper administration of the functions vested in
				the cabinet or any division in the cabinet. This administrative regulation
				establishes the procedures and reporting requirements for a Community
				Corrections Board or alternate board pursuant to KRS 196.725 and KRS 196.710(3)
Section 1. Meetings and
			 Duties.
(1) The board shall meet at least
			 quarterly to review the status of:
(a) The
			 goals stated in KRS 196.702(4);
(b)
			 The board's grant application for Community Corrections funding;
(c) Expenditures and revenue for each awarded
			 grant; and
(d) Operation of the
			 community corrections program plan.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 10 - Kentucky Community Corrections Grant Program › Section 500 KAR 10:040 - Program review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.700 - 196.736
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.735 requires the
				Kentucky State Corrections Commission to evaluate each community corrections
				program on an annual basis. KRS 15A.160 and 196.035 authorize the secretary of
				the Justice and Public Safety Cabinet to promulgate administrative regulations
				necessary or suitable for the proper administration of the functions vested in
				the cabinet or any division in the cabinet. This administrative regulation
				provides for review of the community corrections program.
Section 1. Review Process.
(1) During each fiscal year, the
			 administrator shall inspect and examine the fiscal and program records of each
			 grant to determine compliance with the program plan and prepare a compilation
			 of the reports for the commission. The administrator shall provide the
			 compilation and the grant reports each quarter to the commission.
(2) Each fiscal year, the administrator shall
			 compile the grant program results into an annual report. The commission shall
			 review this report and may adopt all or portions of it for the annual
			 evaluation required by KRS 196.735.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 10 - Kentucky Community Corrections Grant Program › Section 500 KAR 10:050 - Prison Industry Enhancement Certification Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.700 - 196.705, 197.105
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.704(8) requires the Kentucky
				State Corrections Commission to promulgate administrative regulations for the Prison
				Industry Enhancement Certification Program and the businesses involved in the
				program, the operating procedures of the commission, and the procedures addressing
				the handling of injury to inmates participating in the program. This administrative
				regulation establishes requirements for compliance with the statutes for the Prison
				Industry Enhancement Certification Program and review of plans by the
				commission.
Section 1. Prison Industry
			 Enhancement Certification Program Committee.
(1)
			 The commission may establish a Prison Industry Enhancement Certification Program
			 (PIECP) Committee. The committee members shall be appointed by the commission or the
			 chairperson.
(2) If the committee is
			 established, it shall perform the functions required in
			 KRS
			 196.704(3) and (4).
(3) The committee shall:
(a) Consist of five (5) members and a quorum shall
			 be a majority of its members;
(b) Elect
			 a chair of the committee;
(c) Keep
			 minutes of its meetings;
(d) Make
			 decisions by a majority vote; and
(e)
			 Report to the commission at each commission meeting concerning its activities since
			 the previous commission meeting.
(4) For the provisions in
			 KRS
			 196.704(4), the commission or
			 committee shall review any materials listed in
			 KRS
			 196.704(4) received by the
			 commission, including:
(a) Verification of wage
			 requirements pursuant to
			 KRS
			 197.105(4) and (5);
(b) Verification of federal wage requirements as
			 stated in
			 501 KAR 6:160,
			 CPP 08-01-01 incorporated by reference;
(c) Elements and strength of business plan
			 submitted by a business requesting to participate in the program; and
(d) The feasibility and merits of the proposed
			 plan within a correctional setting.
(5) For the provisions in
			 KRS
			 196.704(3), the commission or
			 committee shall:
(a) Consider the following in its
			 assessment:
1. Strength of the proposed
			 plan;
2. Financial strength of the
			 business requesting to participate;
3.
			 Number of inmates able to participate under the plan and any expansions
			 proposed;
4. Marketability of the skills
			 learned by the inmates participating in the program under the plan;
5. Ready job availability for inmates
			 participating in the program as they are released; and
6. Other factors of similar importance in assessing the
			 strength of a PIECP business application; and
(b) Provide its assessment to the
			 department.
(6) The
			 commission may change a decision of the committee if it is not part of a signed
			 contract.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 12 - Office of Medical Examiner › Section 500 KAR 12:010 - Duplicate records request fee schedule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 72.210 - 72.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 72.260 authorizes the
				Justice and Public Safety Cabinet to establish a schedule of fees for issuing
				duplicate records from the Office of the Kentucky State Medical Examiner and
				provides that one (1) free copy of the records shall be provided to the coroner
				and either the county or Commonwealth's Attorney concerned. This administrative
				regulation establishes a fee schedule for the duplicate records.
Section 1. Definition. "Special stain" means
			 a stain other than the routine Hematoxylin and Eosin.
Section 2. Duplicate Records Fees.
(1) Kodachromes shall be the cost charged by
			 the third-party vendor. The Office of the Kentucky State Medical Examiner shall
			 deliver the Kodachrome to a local vendor for processing if such facility is
			 available. The requester may contact the Office of the Kentucky State Medical
			 Examiner to request the current vendor for a Kodachrome.
(2) A compact disc (CD) containing a copy of
			 one (1) or more digital photos shall be five (5) dollars per CD..
(3) Glass histology slides shall be fifteen
			 (15) dollars per slide.
(4) A copy
			 of a digital x-ray shall be ten (10) dollars each.
(5) Written records shall be one (1) dollar
			 per page.
(6) Special stains shall
			 be fifty (50) dollars per slide.
(7) There shall be a twenty-five (25) dollar
			 fee for retrieval, processing, and packaging of any laboratory specimen
			 including histology specimens, DNA specimens, and tissues.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 14 - Kentucky Vehicle Enforcement › Section 500 KAR 14:010 - Motor carrier safety requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				281.600,
				281.880,
				281.883,
				49 C.F.R. 385, 390
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.880(2) authorizes the
				department to issue motor carrier safety ratings to any private or for hire motor
				carrier that is based in Kentucky. EO 2006-805 transferred the authority to
				administer motor carrier safety laws and administrative regulations to the
				Department of Kentucky Vehicle Enforcement. This administrative regulation
				establishes safety requirements for motor carriers in intrastate commerce.
Section 1. Intrastate Safety Rating System.
(1) The department may issue a safety rating to a
			 motor carrier subject to the provisions of this administrative regulation if all of
			 the commercial motor vehicles operated by the motor carrier are operated exclusively
			 in Kentucky.
(2) The department shall
			 use the safety standards and rating criteria in 49 C.F.R. 385 in issuing a safety
			 rating.
(3)
(a) A motor carrier may request the department to
			 conduct an administrative review if it believes the department has committed an
			 error in assigning its proposed or final safety rating.
(b) The request and administrative review shall
			 comply with the procedures in
			 49 C.F.R. 385.15
			 except that the request shall be submitted to: KVE Compliance Review Program
			 Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.
(4)
(a) A motor carrier that has taken action to
			 correct deficiencies may request the department to change its proposed or final
			 safety rating at any time.
(b) The
			 request and determination shall comply with the procedures in
			 49 C.F.R.
			 385.17 except that the request shall be submitted
			 to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor,
			 Frankfort, Kentucky 40601.
(5) Safety Fitness Information.
(a) Final ratings shall be made available to other
			 state and federal agencies in writing, telephonically, or by remote computer
			 access.
(b) The final safety rating
			 assigned to a motor carrier shall be made available to the public pursuant to the
			 procedures in KRS Chapter 61. Any person requesting the rating shall provide the
			 department with the motor carrier's name, principal office address, and if known,
			 the Kentucky DOT number.
(c) Requests
			 shall be addressed to: KVE Compliance Review Program Coordinator, 125 Holmes Street,
			 3rd Floor, Frankfort, Kentucky 40601.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 14 - Kentucky Vehicle Enforcement › Section 500 KAR 14:020 - Administrative penalties and appeals process for motor carrier safety violations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.020,
				281.600,
				281.880,
				281.883,
				49
				U.S.C. 521(b), 49 C.F.R. 385,
				390
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.880(2) authorizes the
				department to establish a system of penalties for safety violations. EO 2006-805
				transferred the authority to administer motor carrier safety laws and administrative
				regulations to the Department of Kentucky Vehicle Enforcement. This administrative
				regulation establishes administrative penalties and an appeals process for safety
				violations by motor carriers in intrastate commerce.
Section 1. Definitions.
(1) "Compliance review" is defined by
			 49 C.F.R.
			 385.3.
(2) "Safety violation" means a violation of
			 KRS
			 281.880,
			 500 KAR
			 14:010, or
			 601 KAR
			 1:005 as determined by the department during a compliance
			 review.
(3) "Violator" means an owner or
			 operator of a motor carrier against whom a civil penalty is assessed for a safety
			 violation.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 15 - Motorcycle Safety › Section 500 KAR 15:010 - Motorcycle safety education program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 15A.350 - 15A.366,
				186.401, 186.450, 186.531, 186.535
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 15A.356 authorizes the
				Secretary of the Justice and Public Safety Cabinet to promulgate administrative
				regulations that are reasonable and necessary to carry out the provisions of 15A.350
				to 15A.366. This administrative regulation establishes the criteria and procedures
				required for approval of instructors for motorcycle safety education training,
				instructor training course provider requirements and selection criteria, training
				course requirements, fees for enrollment in a motorcycle rider training course, and
				training provider requirements and selection criteria.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 15A.011(1).
(2) "Commission" means the Motorcycle Safety
			 Education Commission established pursuant to
			 KRS 15A.362.
(3) "Instructor" means a person recognized by the
			 cabinet who conducts motorcycle rider training and may also be known as a rider
			 coach.
(4) "Instructor training course"
			 means a process recognized by the cabinet that prepares an individual to teach a
			 motorcycle rider training course.
(5)
			 "Instructor training course provider" means a person or entity recognized by the
			 cabinet to conduct an instructor training course.
(6) "Instructor trainer" means a person approved
			 by the cabinet to train instructors.
(7)
			 "Program administrator" means the person designated or appointed by the secretary of
			 the cabinet to administer the Motorcycle Safety Education Program.
(8) "Range" means a paved area approved for
			 practicing motorcycle riding skills during a training course.
(9) "Training provider" means a person or entity
			 approved by the cabinet to conduct a rider training course.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 16 - Elder and Vulnerable Victims Trust Fund › Section 500 KAR 16:010 - Funds disbursement from the elder and vulnerable victims trust fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.011,
				41.305,
				209.005,
				381.280(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				41.305 requires the Justice and Public Safety
				Cabinet to administer the elder and vulnerable victims trust fund and to
				promulgate administrative regulations to implement operation of the fund.
				KRS
				15A.160,
				41.305, and
				196.035 authorize the secretary
				of the Justice and Public Safety Cabinet to promulgate administrative
				regulations necessary or suitable for the proper administration of the
				functions vested in the cabinet or any division in the cabinet. This
				administrative regulation defines the terms, standards, and criteria governing
				the disbursement of money from the fund.
Section
			 1. Definitions.
(1) "Cabinet"
			 means the Justice and Public Safety Cabinet as defined by
			 KRS
			 15A.011(1).
(2) "Elder Abuse Committee" is defined by
			 KRS
			 209.005(1).
(3) "Elder and vulnerable victim" means:
(a) A natural person sixty-five (65) years of
			 age or older; or
(b) A natural
			 person eighteen (18) years of age or older who, because of mental or physical
			 dysfunction, is unable to manage his or her own resources, carry out the
			 activities of daily living, or protect himself or herself from neglect,
			 exploitation, or a hazardous or abusive situation without assistance from
			 others, and who may be in need of protective services.
(4) "Funded program" means any program,
			 campaign, project, or combination thereof, proposed by an applicant for which
			 the trust fund review panel grants an award of funds from the elder and
			 vulnerable victims trust fund.
(5)
			 "Trust fund review panel" means the Elder Abuse Committee, with a
			 representative from the cabinet and a representative from the Administrative
			 Office of the Courts.
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 20 - Office of Drug Policy › Section 500 KAR 20:010 - Kentucky Agency for Substance Abuse policy (KY-ASAP) start-up funding for local boards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.340,
				15A.342,
				15A.344,
				222.211,
				248.723
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.344 requires KY-ASAP to establish local
				advisory and coordination boards for tobacco addiction and alcohol and substance
				abuse prevention, cessation, and treatment.
				KRS
				15A.342 requires the Office of Drug Control Policy
				and KY-ASAP to promulgate administrative regulations necessary to carry out
				KRS
				15A.340 and
				15A.344.
				This administrative regulation establishes procedures for local boards to receive
				start-up funding.
Section 1. Definitions.
(1) "Kentucky Agency for Substance Abuse Policy"
			 or "KY-ASAP" means the agency established at
			 KRS
			 15A.340(1) to (3).
(2) "Local board" means the entity described at
			 KRS
			 15A.344(1).
Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 20 - Office of Drug Policy › Section 500 KAR 20:020 - Kentucky Agency for Substance Abuse Policy (KY-ASAP) on-going funding for local boards and reporting requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.340,
				15A.342,
				15A.344,
				222.211,
				248.723
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.344 requires KY-ASAP to establish local
				advisory and coordination boards for tobacco addiction and alcohol and substance
				abuse prevention, cessation, and treatment.
				KRS
				15A.342 requires the Office of Drug Control Policy
				and KY-ASAP to promulgate administrative regulations necessary to carry out
				KRS
				15A.340 and
				15A.344.
				This administrative regulation establishes procedures for local boards to receive
				ongoing funding and establishes reporting requirements for the boards.
Section 1. Definitions.
(1) "Good standing" means having completed and
			 provided both semiannual reports according to the requirements established in
			 Section 4 of this administrative regulation.
(2) "Kentucky Agency for Substance Abuse Policy"
			 or "KY-ASAP" means the agency established at
			 KRS
			 15A.340(1) to (3).
(3) "Local board" means that entity described at
			 KRS
			 15A.344(1).
(4) "Ongoing funds" means dollars distributed from
			 KY-ASAP for the purpose of supporting the strategic plans of local boards.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 1 - Kentucky Parole Board › Section 501 KAR 1:030 - Determining parole eligibility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				49.480,
				119.025,
				197.410(2),
				439.340,
				439.3401,
				439.563,
				532.043,
				532.060,
				532.080,
				640.080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				439.340(3) requires the Kentucky
				Parole Board to promulgate administrative regulations with respect to eligibility of
				prisoners for parole. This administrative regulation establishes the criteria for
				determining parole eligibility.
Section 1.
			 Definitions.
(1) "Board" is defined by
			 KRS
			 439.250(5).
(2) "Deferment" means a decision by the board that
			 an inmate shall serve a specific number of months before further parole
			 consideration.
(3) "Detainer" means a
			 document issued or made by a legal authority, authorizing the keeper of a prison or
			 jail to keep the person named in the document in custody.
(4) "Parole" means the release of an inmate with a
			 signed parole certificate to:
(a) The community
			 prior to the expiration of his sentence, subject to conditions imposed by the board
			 and subject to its supervision; or
(b)
			 Answer the detainer.
(5)
			 "Parole eligibility date" means the date set by the board for conducting parole
			 hearings at the location designated for an inmate's parole release hearing to take
			 place during the month the inmate becomes eligible for parole.
(6) "Parole recommendation" means a decision of
			 the board that an inmate may be released from incarceration prior to the expiration
			 of his sentence.
(7) "Parole for violent
			 offender" is defined in
			 KRS
			 439.3401.
(8) "Physical injury" is defined in
			 KRS
			 500.080(13).
(9) "Serious physical injury" is defined in
			 KRS
			 500.080(15).
(10) "Serve-out", "SOT", or "serve-out-time" means
			 a decision of the board that an inmate shall serve until the completion of his
			 sentence.
(11) "SOTP" means Sex Offender
			 Treatment Program.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 1 - Kentucky Parole Board › Section 501 KAR 1:040 - Parole revocation hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				439.315,
				439.330(1)(e),
				439.3406,
				439.341,
				439.346,
				439.390,
				439.430,
				439.440,
				532.043,
				532.400
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				439.340(3) requires the Parole
				Board to establish administrative regulations concerning parole revocation hearings.
				This administrative regulation contains the procedures for the revocation of parole,
				the probable cause hearing, and the issuance of parole violation warrants.
Section 1. Definitions.
(1) "Board" means the Kentucky Parole Board
			 established in
			 KRS
			 439.320.
(2) "Fact finder" means the person or entity that
			 determines the facts at a hearing and includes the administrative law judge or the
			 Parole Board depending on which conducts the hearing and issues findings of
			 fact.
(3) "Final hearing" means a
			 hearing before a fact finder to determine by a preponderance of the evidence that a
			 violation occurred and to offer an opportunity to present mitigating
			 evidence.
(4) "Parole" means parole and
			 other forms of supervision treated like parole in that the Parole Board has the
			 authority to revoke supervision.
(5)
			 "Probable cause hearing" means a hearing before an administrative law judge to
			 determine if there is probable cause that a parole violation has occurred.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 1 - Kentucky Parole Board › Section 501 KAR 1:050 - Granting final discharge from parole

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 439.352, 439.356, 439.358, 439.563, 532.043,
				532.060(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 439.340(3) (b)
				authorizes the Parole Board to establish administrative regulations concerning
				matters that come before it. KRS 439.330(1)(g) authorizes the Parole Board to
				grant a final discharge from parole. KRS 439.563 prohibits final discharge from
				parole if an identified victim of the crime or a government agency to whom
				restitution has been ordered has not yet been paid in full. This administrative
				regulation establishes the procedure for final discharge for parole.
Section 1. If an offender paroled prior to
			 July 15, 1998, reaches the maximum expiration date of his sentence, a final
			 discharge from parole shall be issued automatically by the board.
Section 2.
(1) If an offender paroled on or after July
			 15, 1998, owes restitution, he shall not automatically receive a final
			 discharge from parole upon reaching the maximum expiration of his
			 sentence.
(2) The board shall not
			 issue a final discharge to a parolee until he pays restitution in full in
			 compliance with KRS 439.563(5).
(3)
			 Verification of payment of restitution shall be obtained from the parole
			 officer.