reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 6 - Kentucky Victim and Witness Protection Program › Section 40 KAR 6:020 - Funding assistance from the child victims' trust fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.900,
				15.920,
				15.935,
				41.400
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.180 authorizes the Attorney General to
				promulgate administrative regulations to facilitate performing the duties and
				exercise the authority vested in the Attorney General and the Department of
				Law.
				KRS
				15.935(1) authorizes the
				Child Sexual Abuse and Exploitation Prevention Board to disburse available
				money from the child victims' trust fund, upon legislative appropriations, for
				the purposes, listed in the order of preference, stated in
				KRS
				15.935(1)(a) through (g).
				This administrative regulation establishes standards and criteria governing the
				Board's disbursement of money from the fund.
Section
			 1. Definitions.
(1) "Board" means
			 the "state board" as defined by
			 KRS
			 15.900(4).
(2) "Child" is defined by
			 KRS
			 15.900(1).
(3) "Child sexual abuse medical examination"
			 means a complete physical examination of a child with a special focus on the
			 anal or genital area or oral cavity, and the case management associated with
			 the physical examination.
(4)
			 "Eligible provider" means a private, nonprofit agency, designated as a
			 Children's Advocacy Center by the Cabinet for Health and Family Services under
			 KRS
			 620.045, whose primary purpose is to provide,
			 either directly or through contract, prevention, intervention, and treatment
			 services to sexually abused children and their families, employing a
			 child-focused multidisciplinary team approach.
(5) "Office" is the Office of Trafficking and
			 Abuse Prevention and Prosecution.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 6 - Kentucky Victim and Witness Protection Program › Section 40 KAR 6:030 - Human Trafficking Victims Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 529.010,
				529.130,
				529.140,
				529.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				529.140 creates the "human trafficking
				victims fund" as a separate revolving fund within the Office of the Attorney
				General. Moneys in the fund must be distributed to agencies serving victims of
				human trafficking, including but not limited to law enforcement agencies,
				prosecutorial agencies, and victim service agencies. The Office of the Attorney
				General must promulgate administrative regulations to develop procedures for
				distributing funds pursuant to this section. This administrative regulation
				governs the distribution of funds from the Human Trafficking Victims
				Fund.
Section 1. Office of the Attorney
			 General's Use of Funds.
(1) In accordance
			 with
			 KRS
			 529.140(3), the Office of
			 the Attorney General shall use funds received to maintain programs for:
(a) The prevention of human
			 trafficking;
(b) The provision of
			 education, training, or public outreach programs about human trafficking;
			 and
(c) Conducting human
			 trafficking investigations.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 8 - Tobacco Product Manufacturers › Section 40 KAR 8:010 - Nonparticipating manufacturer quarterly escrow deposit and certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 131.600-131.630.
NECESSITY, FUNCTION, AND CONFORMITY: To promote compliance with
				KRS
				131.602,
				KRS
				131.620(2) authorizes the
				Attorney General to require nonparticipating tobacco manufacturers to quarterly
				certify their compliance with Kentucky's Nonparticipating Tobacco Manufacturers
				Act. The Attorney General may also require nonparticipating manufacturers to
				make the escrow payments required by
				KRS
				131.602 in quarterly installments. This
				administrative regulation establishes quarterly escrow deposit and
				certification requirements for nonparticipating manufacturers.
Section 1. Criteria for Quarterly Escrow
			 Deposits. The Attorney General may require quarterly escrow deposits and
			 certifications of nonparticipating manufacturers who meet any of the following
			 criteria:
(1) No previous escrow deposit.
			 Nonparticipating manufacturers that have not previously established and funded
			 a qualified escrow fund in Kentucky;
(2) No escrow deposit for more than one (1)
			 year. Nonparticipating manufacturers that have not made any escrow deposits for
			 more than one (1) year;
(3)
			 Untimely or incomplete deposits. Nonparticipating manufacturers that have
			 failed to make a timely and complete escrow deposit for any prior calendar
			 year;
(4) Outstanding judgments.
			 Nonparticipating manufacturers that have failed to pay any judgment, including
			 any civil penalty;
(5) Large sales
			 volume. Nonparticipating manufacturers that have more than 2,500,000 of their
			 cigarettes sold in Kentucky during a quarter; and
(6) Other reasonable cause. In addition to
			 the reasons specified above, the Attorney General may require quarterly escrow
			 deposits from a nonparticipating manufacturer if the Attorney General has
			 reasonable cause to believe the nonparticipating manufacturer may not make its
			 full required escrow deposit by April 15 of the year following the year in
			 which the cigarette sales were made.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 9 - Kentucky Opioid Abatement Advisory Commission › Section 40 KAR 9:010 - General application procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.291,
				15.293
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.291(6) requires the
				Kentucky Opioid Abatement Advisory Commission (the "commission") to promulgate
				administrative regulations to administer funds received by the commission. This
				administrative regulation establishes the application procedure for funding
				requests under KRS
				15.291 and
				15.293, the duties required of
				the commission, the duties required of those that receive commission funds, and
				other related issues.
Section 1.
			 Definitions.
(1) "Entity" is defined by
			 KRS
			 14A.1-070(7).
(2) "Governmental agency" is defined by
			 KRS
			 65.940(5).
(3) "Member" means a commission member as
			 established in KRS
			 15.291(2), whether voting or
			 non-voting.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 9 - Kentucky Opioid Abatement Advisory Commission › Section 40 KAR 9:020 - Local government application procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.291,
				15.293
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.291(6)_requires the
				Kentucky Opioid Abatement Advisory Commission (the "commission") to promulgate
				administrative regulations to administer funds received by the commission and
				to oversee the use of funds received under
				KRS
				15.293(4).
				KRS
				15.293 requires each recipient of funds under
				KRS
				15.293(4) to submit
				certifications that the use of opioid abatement funds is consistent with the
				criteria in KRS
				15.291(5), a description of
				the use of the funds, and other information as the commission requests through
				the promulgation of administrative regulations. This administrative regulation
				establishes the procedure for a county, consolidated local government,
				urban-county government, or city of the Commonwealth that receives funds under
				KRS
				15.293(4) to certify use
				consistent with KRS
				15.293.
Section
			 1. Covered Governmental Bodies. Any county, consolidated local
			 government, urban-county government, or city in the Commonwealth that received
			 or will receive opioid funds under
			 KRS
			 15.293(4) shall be a covered
			 governmental body.
Section 2.
			 Duties of Covered Governmental Bodies.
(1)
			 Consistent with KRS
			 15.293(4)(c) 2., a covered
			 governmental body shall submit notarized quarterly KYOAAC Certification forms,
			 incorporated by reference in
			 40 KAR 9:010, to the commission
			 due by:
(a) March 31;
(b) June 30;
(c) September 30; and
(d) December 31.
Kentucky Administrative Regulations › Title 45 - AUDITOR OF PUBLIC ACCOUNTS › Chapter 1 - Audits › Section 45 KAR 1:030 - Audits of sheriffs' tax settlements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.070, 43.075, 64.810, 68.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 43.075 requires the
				Auditor of Public Accounts to promulgate administrative regulations developing
				uniform standards and procedures for conducting, and uniform formats for
				reporting, audits of counties and elected county officials. This administrative
				regulation establishes the auditing standards, procedures, and formats for
				sheriffs' tax settlement audits.
Section
			 1. Definition. "Generally accepted government auditing standards"
			 means the "Government Auditing Standards" issued by the Comptroller General of
			 the United States.
Section 2.
			 Auditing Standards, Procedures, and Formats. The financial and compliance audit
			 of the funds contained in each sheriff's tax settlement shall be conducted and
			 reported in accordance with:
(1) Generally
			 accepted auditing standards, referenced in  201 KAR 1:290;
(2) Generally accepted government auditing
			 standards, referenced in  201 KAR 1:290; and
(3) The "Audit Program for Sheriffs' Tax
			 Settlements," issued by the Auditor of Public Accounts, September 26,
			 2022.
Kentucky Administrative Regulations › Title 45 - AUDITOR OF PUBLIC ACCOUNTS › Chapter 1 - Audits › Section 45 KAR 1:040 - Audits of county fee officials

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.070, 43.075, 64.530, 64.810, 68.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 43.075 requires the
				Auditor of Public Accounts to promulgate administrative regulations developing
				uniform standards and procedures for conducting, and uniform formats for
				reporting, audits of counties and elected county officials. This administrative
				regulation establishes the auditing standards, procedures, and formats for
				county fee officials' audits.
Section
			 1. Definition. "Generally accepted government auditing standards"
			 means the Government Auditing Standards issued by the Comptroller General of
			 the United States.
Section 2.
			 Auditing Standards, Procedures, and Formats. The financial and compliance audit
			 of the funds administered by each county fee official shall be conducted and
			 reported in accordance with:
(1) Generally
			 accepted auditing standards, referenced in  201 KAR 1:290;
(2) Generally accepted government auditing
			 standards, referenced in  201 KAR 1:290; and
(3) The "Audit Program for County Fee
			 Officials," issued by the Auditor of Public Accounts, February 13,
			 2023.
Kentucky Administrative Regulations › Title 45 - AUDITOR OF PUBLIC ACCOUNTS › Chapter 1 - Audits › Section 45 KAR 1:050 - Audits of fiscal courts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.070, 43.075, 64.810, 68.210,  31 U.S.C. 7501-7506
NECESSITY, FUNCTION, AND CONFORMITY: KRS 43.075(1) requires the
				Auditor of Public Accounts to promulgate administrative regulations developing
				uniform standards and procedures for conducting, and uniform formats for
				reporting, audits of the funds contained in county budgets (fiscal courts).
				This administrative regulation establishes the auditing standards, procedures,
				and formats for fiscal court audits.
Section
			 1. Definition. "Generally accepted government auditing standards"
			 means the "Government Auditing Standards" issued by the Comptroller General of
			 the United States.
Section 2.
			 Auditing Standards, Procedures, and Formats. The financial and compliance audit
			 of the funds contained in each county's budget shall be conducted in accordance
			 with:
(1) Auditing standards generally
			 accepted in the United States of America, referenced in  201 KAR 1:290;
(2) Generally accepted
			 government auditing standards, referenced in  201 KAR 1:290; and
(3) Fiscal Court Audit Guide, issued by the
			 Auditor of Public Accounts, October 14, 2022.
Kentucky Administrative Regulations › Title 45 - AUDITOR OF PUBLIC ACCOUNTS › Chapter 1 - Audits › Section 45 KAR 1:060 - Confidentiality

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.050, 43.070, 43.071
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation provides uniform standards and procedures for maintaining the
				confidentiality of information obtained by employees of the Office of the
				Auditor of Public Accounts.
Section 1.
			 Definitions.
(1) "Confidential information"
			 means originals, copies, and recordings of all workpapers, documents, notes,
			 and other written or unwritten information related to the official business of
			 the Office of the Auditor of Public Accounts.
(2) "Employee" means:
(a) Current and former employees of the
			 Office of the Auditor of Public Accounts; and
(b) Persons currently and formerly under
			 contract with the Office of the Auditor of Public Accounts.
(3) "Authorized person" means:
(a) In all matters:
1. The Auditor of Public Accounts;
			 and
2. An employee of the Office of
			 the Auditor of Public Accounts; and
(b) With regard to examinations of a local
			 government or state agency, the local government or state agency head and his
			 designee.
Kentucky Administrative Regulations › Title 45 - AUDITOR OF PUBLIC ACCOUNTS › Chapter 1 - Audits › Section 45 KAR 1:080 - Standards for Title VI reporting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 344,  42 U.S.C. 2000d
NECESSITY, FUNCTION, AND CONFORMITY: The 1994 General Assembly
				enacted Senate Bill 248 (KRS 344.015) which requires that all state agencies as
				defined in KRS 12.010 prepare and submit Title VI implementation plans and
				annual updates to the Auditor of Public Accounts if the agency is subject to
				Title VI of the Federal Civil Rights Act of 1964. The Auditor of Public
				Accounts is responsible for the preparation and issuance of the Single
				Statewide Audit of Federal Funds for Kentucky state government including
				compliance with Title VI requirements. This administrative regulation
				establishes the uniform format agencies are required to use when submitting the
				Initial Implementation Title VI Plan and Annual Plan Updates to the Auditor of
				Public Accounts.
Section 1.
(1) Title VI Initial Implementation Plan and
			 Annual Plan Updates shall:
(a) Be submitted in
			 the format set out in Section 4 of this administrative regulation;
			 and
(b) Contain the information
			 specified by the provisions of this administrative regulation.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:335 - Employee actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.075(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.075(1) requires the
				Personnel Board to promulgate comprehensive administrative regulations
				consistent with the provisions of
				KRS
				18A.005 through
				18A.200.
				KRS
				18A.0751(1) and (4) require
				the Personnel Board to promulgate administrative regulations for the classified
				service governing demotion, transfer, reinstatement, and discipline. This
				administrative regulation establishes the method for determining an employee's
				work station, the requirements governing a demotion, transfer, or reinstatement
				of an employee, and requirements relating to written reprimands.
Section 1. Work Station.
(1) The official work station of an employee
			 assigned to an office shall be the street address where the office is
			 located.
(2) The official work
			 station of a field employee shall be that address to which the employee is
			 assigned at the time of appointment to the employee's current
			 position.
(3) Except as established
			 by Sections 2, 3, and 4 of this administrative regulation, an appointing
			 authority may assign an employee to work at a site other than his or her
			 current work station if the:
(a) Site is
			 within the employee's county of employment; and
(b) Assignment is not a transfer, demotion,
			 or reinstatement.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:345 - Disciplinary actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.020,
				18A.075,
				18A.0751,
				18A.095,
				29
				U.S.C. 201
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.075 requires the Personnel Board to
				promulgate comprehensive administrative regulations consistent with the
				provisions of
				KRS
				18A.005 through
				18A.200.
				KRS
				18A.0751 requires the Personnel Board to
				promulgate comprehensive administrative regulations for the classified service
				governing dismissals, suspensions, fines, and other disciplinary measures. This
				administrative regulation establishes conditions for instituting disciplinary
				measures and the manner of notification.
Section
			 1. General Provision. Appointing authorities may discipline
			 employees for lack of good behavior or the unsatisfactory performance of
			 duties.
Section 2. Dismissal.
(1) The notice required by
			 KRS
			 18A.095(6) and (7) may be
			 combined if all requirements of this administrative regulations are
			 satisfied.
(2) When the employee is
			 notified, copies of the notice of intent to dismiss and the notice of dismissal
			 or other penalization shall be forwarded to the Personnel Cabinet
			 Secretary.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:365 - Appeal and hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 18A.075, 18A.0751, 18A.095,
				344.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				13B.170 authorizes an agency to promulgate
				administrative regulations to carry out the provisions of KRS Chapter 13B and
				enact administrative hearing procedures.
				KRS
				18A.075 requires the Personnel Board to
				promulgate comprehensive administrative regulations consistent with the
				provisions of KRS
				18A.005 to
				18A.200.
				KRS
				18A.0751 requires the Personnel Board to
				promulgate comprehensive administrative regulations providing for the
				procedures to be utilized by the board in the conduct of hearings. This
				administrative regulation establishes Personnel Board hearing
				procedures.
Section 1. Definitions.
(1) "Because of sex" or "on the basis of sex"
			 is defined by KRS
			 344.030(8).
(2) "Qualified individual with a disability"
			 is defined by KRS
			 344.030(1).
(3) "Reasonable accommodation" is defined by
			 KRS
			 344.030(6).
(4) "Religion" is defined by
			 KRS
			 344.030(7).
(5) "Undue hardship" is defined by
			 KRS
			 344.030(9).
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:367 - Standards of conduct and technology governing recording board proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.075,
				18A.0751,
				18A.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.075 requires the Personnel Board to
				promulgate comprehensive administrative regulations consistent with the
				provisions of
				KRS
				18A.005 through
				18A.200.
				KRS
				18A.0751 requires the Personnel Board to
				promulgate comprehensive administrative regulations provisions for the
				procedures to be utilized by the board in the conduct of hearings. This
				administrative regulation establishes provisions for recordings of Personnel
				Board proceedings.
Section 1.
			 Equipment, Personnel, and Location.
(1) The
			 Personnel Board, its hearing officers, and staff may determine the appropriate
			 and permissible:
(a) Equipment used for
			 recording Personnel Board proceedings;
(b) Personnel allowed to record Personnel
			 Board proceedings; and
(c) Location
			 or locations for the equipment and personnel allowed to record Personnel Board
			 proceedings.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:375 - Employee grievances and complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.075,
				18A.0751,
				18A.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.075 and
				18A.0751
				requires the Personnel Board to adopt comprehensive administrative regulations
				consistent with the provisions of
				KRS
				18A.005 through
				18A.200.
				KRS
				18A.0751(1)(i) requires the
				Personnel Board to promulgate an administrative regulation governing employee
				grievances and complaints. This administrative regulation establishes the
				requirements governing employee grievances and complaints.
Section 1. Definition. "Grievance" means a
			 complaint filed by an employee that concerns some aspect of the employee's
			 conditions of employment:
(1) Over which the
			 cabinet or agency has control; and
(2) That has occurred, or of which the
			 employee has become aware through the exercise of due diligence, within thirty
			 (30) days prior to filing.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:395 - Restoration from military duty

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.371-61.379,
				413.160
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.379 requires the Personnel Board to
				promulgate administrative regulations to carry out the provisions of
				KRS
				61.371 through
				61.379.
				This administrative regulation establishes the procedure for employment
				restoration following military duty.
Section
			 1. Restoration from Military Duty.
(1) If an employee advises the employee's
			 employer that the employee is leaving their position to perform military duty,
			 the employer shall advise the employee in writing of the employee's rights
			 under
			 KRS
			 61.371 through
			 61.379.
(2) An employee who returns from military
			 duty and is denied restoration of employment shall be advised in writing of the
			 denial by the employer.
(3) The
			 required notice of denial by the employer shall include the employee's right to
			 appeal to the Kentucky Personnel Board within the time limits established by
			 KRS
			 413.160.
(4) Appeals filed under this section shall be
			 heard by the Board pursuant to
			 101 KAR
			 1:365.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 1 - Personnel Board › Section 101 KAR 1:400 - Promotion

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.075,
				18A.0751,
				18A.115
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.075 requires the Personnel Board to
				promulgate comprehensive administrative regulations consistent with the
				provisions of
				KRS
				18A.005 through
				18A.200.
				KRS
				18A.0751 requires that comprehensive
				administrative regulations be promulgated by the Personnel Board for the
				classified service governing promotion. This administrative regulation
				establishes the requirements governing promotion of a classified
				employee.
Section 1. Promotion.
(1) Each agency shall consider an applicant's
			 qualifications, record of performance, conduct, seniority, and performance
			 evaluations in the selection of an employee for a promotion.
(2) Promotions may be interagency or
			 intra-agency.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:020 - Job classification plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.005,
				18A.030(2),
				18A.032,
				18A.110(1)(c),
				(7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(c) and (7)
				require the Secretary of Personnel to promulgate administrative regulations,
				which govern the classification plan for all positions in the classified
				service so that the same qualifications may reasonably be required for, and the
				same schedule of pay equitably applied to, all positions in the same job
				classification. This administrative regulation establishes the classification
				plan for classified service.
Section 1.
			 Interpretation of Job Class Specifications.
(1) Job class specifications shall describe
			 and explain the job duties and responsibilities typically assigned to a
			 position within a particular job classification.
(2) Job class specifications shall indicate
			 the kinds of positions to be allocated to the various job classifications as
			 determined by their characteristics and duties or responsibilities.
			 Characteristics and duties or responsibilities of a job classification shall be
			 general statements indicating the level of responsibility and discretion of
			 positions in that job classification.
(3) Examples of duties or responsibilities of
			 a job classification shall not be construed as:
(a) Describing what the duties or
			 responsibilities of a position shall be; or
(b) Limiting the appointing authority's
			 ability to assign or alter the duties and responsibilities of a
			 position.
(4) The use of
			 examples describing the duties or responsibilities of a job classification
			 shall not be regarded as excluding assignment of other duties or
			 responsibilities not mentioned which are of similar kind or quality.
(5) Job class specifications shall establish
			 the minimum requirements, which are comprehensive statements of the minimum
			 background as to education, experience, and other qualifications required for
			 the job classification.
(6) The job
			 class specification may contain special requirements, additional requirements,
			 unique physical requirements, or typical working conditions.
(7) The Personnel Cabinet may change any job
			 class specification in whole or part.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:034 - Classified compensation administrative regulations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030(2),
				18A.110,
				18A.165,
				29 U.S.C. sec.
				201, et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110 requires the Secretary of Personnel
				to promulgate administrative regulations which govern the pay plan for all
				employees in the classified service. This administrative regulation establishes
				requirements to assure uniformity and equity in administration of the pay plan
				in accordance with statutory requirements.
Section
			 1. New Appointments.
(1) An
			 appointing authority shall appoint a new employee at a salary not to exceed the
			 midpoint of the pay grade.
(2) The
			 appointing authority shall adjust to that salary an employee who is not on
			 initial or promotional probation and is earning less than the new appointee's
			 salary, if the appointing authority determines that the incumbent employee:
(a) Is in the same job
			 classification;
(b) Is in the same
			 department or office;
(c) Is in the
			 same work county; and
(d) Has a
			 similar combination of education and experience relating to the relevant job
			 class specification.
(3)
			 If sufficient funds are available, the appointing authority may identify each
			 incumbent employee affected by subsection (2) of this section whose salary is
			 less than five (5) percent above the appointment salary assigned to the new
			 employee. The appointing authority may adjust all affected incumbent employees'
			 salaries to five (5) percent above the new appointee's salary.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:046 - Applying for employment, qualifications and examinations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030(2),
				18A.032,
				18A.110(1)(a),
				(7)(c),
				18A.120,
				18A.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(a) and (7)(c)
				requires the Secretary of Personnel to promulgate administrative regulations
				that govern open competitive exams to determine the relative fitness of
				applicants and for the rejection of candidates or eligibles who fail to meet
				reasonable requirements of the secretary. This administrative regulation
				establishes the process and requirements to apply for employment.
Section 1. Notices of Examinations.
(1) An examination for entrance to the
			 classified service shall be conducted on an open-competitive basis.
(2) The recruitment program shall:
(a) Accept an applicant's submission for
			 employment; and
(b) Hold an
			 examination whenever and wherever the secretary reasonably determines it to be
			 in the best interests of the Merit System.
(3) Eligibles shall be listed in rank order
			 upon certification of a register based on their highest valid scores.
(4) The public notice of examination required
			 by
			 KRS
			 18A.110(7)(c) shall specify:
(a) The title and minimum salary of the job
			 classification;
(b) The minimum
			 qualifications required;
(c) The
			 opening date on which application may be made for placement of the applicant on
			 the register; and
(d) All other
			 pertinent information and requirements.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:056 - Registers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.005,
				18A.110(1)(f),
				(7),
				18A.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(f) and (7)
				requires the Secretary of Personnel to promulgate administrative regulations
				that govern the establishment of eligible lists for appointment and for the
				rejection of candidates or eligibles who do not meet reasonable selection
				requirements of the secretary. This administrative regulation establishes
				requirements for the state registers.
Section
			 1. Notification of Vacancies to Be Filled From a Register. An
			 appointing authority shall notify the secretary as far in advance as possible
			 of a vacancy in a full-time or part-time classified position to be filled from
			 a register.
Section 2. Minimum
			 Requirements.
(1) The secretary shall review
			 the qualifications of additional applicants who meet the minimum requirements
			 and qualifications for a vacancy if there are insufficient applicants for the
			 vacancy.
(2) The secretary shall,
			 if appropriate, reevaluate an applicant's training and experience on the basis
			 of the minimum qualifications required for the job classification in which the
			 vacancy exists.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:066 - Certification and selection of eligible applicants for appointment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030(2),
				18A.110(1)(b),
				(7),
				18A.113,
				18A.135,
				18A.165
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(b) and (7)
				requires the Secretary of Personnel to promulgate administrative regulations
				that govern the establishment of eligibility lists for appointment, and for
				consideration for appointment of persons whose scores are included in the five
				(5) highest scores on the examination. This administrative regulation
				establishes the requirements for certification and selection of eligible
				applicants for appointment.
Section 1.
			 Request for Certification of Eligible Applicants. To fill a vacant position in
			 the classified service that is not filled by lateral transfer, reinstatement,
			 reversion, or demotion, the appointing authority shall submit a request for a
			 register to the secretary. The request shall:
(1) Be for one (1) or more positions in the
			 same:
(a) Job classification; or
(b) County;
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:076 - Vacancies, detail to special duty and temporary overlap

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.005,
				18A.110(1)(g),
				(7),
				18A.115,
				18A.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(g) and (7)
				require the Secretary of Personnel to promulgate administrative regulations to
				govern the types of appointments as necessary to implement KRS Chapter 18A.
				This administrative regulation establishes the requirements for filling a
				vacancy, for detail to special duty, and for temporary overlap.
Section 1. Filling of Vacancies. A vacancy in
			 the classified service shall be filled by appointment, demotion, promotion,
			 reemployment, reinstatement, reversion, or transfer.
Section 2. Detail to Special Duty.
(1)
(a) With
			 approval of the secretary, if the services of an employee with status are
			 needed in a vacant position within an agency other than the position to which
			 the employee is regularly assigned, the employee may be detailed to that
			 position. If detailed to that position, the period shall not exceed one (1)
			 year.
(b) With prior approval of
			 the secretary and approval of the receiving appointing authority, if the
			 services of an employee with status are needed in a vacant position in a
			 different agency, the employee may be detailed to that position. If detailed to
			 that position, the period shall not exceed ninety (90) calendar days.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:095 - Classified service general requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.020,
				18A.030(2),
				18A.095,
				18A.110,
				18A.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110 requires the Secretary of Personnel
				to promulgate comprehensive administrative regulations for the classified
				service. This administrative regulation establishes requirements for the
				classified service and governs the maintenance of employee and other records
				and reports in the cabinet and other conditions of employment.
Section 1. Attendance; Hours of Work.
(1) The number of hours a full-time employee
			 shall be required to work shall be thirty-seven and one-half (37.5) hours per
			 week or forty (40) hours per week, unless specified otherwise by the appointing
			 authority or the statutes.
(2) The
			 normal work day shall be from:
(a) 8 a.m. to
			 4:30 p.m., local time, Monday through Friday, for a thirty-seven and one-half
			 (37.5) hour work schedule; or
(b) 8
			 a.m. to 5 p.m., local time, Monday through Friday, for a forty (40) hour work
			 schedule.
(3) An
			 appointing authority may require an employee to work hours and days other than
			 regular days and hours, including an overtime or inclement weather schedule if
			 it is in the best interest of the agency.
(4) An employee who works for an agency that
			 requires more than one (1) shift or seven (7) days a week operation may be
			 reassigned from one (1) shift to another or from one (1) post to another or
			 alternate days off by the agency to meet staffing requirements or to maintain
			 security or provide essential services of the agency.
(5) An employee shall give reasonable notice
			 in advance of absence from an official work station or alternate work
			 station.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:102 - Classified leave general requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.020,
				18A.030,
				18A.095,
				18A.110,
				18A.140,
				18A.145,
				18A.195,
				18A.990,
				61.373,
				61.394,
				118.035,
				344.030,
				29 C.F.R.
				825,
				29 U.S.C.
				8,
				29 U.S.C.
				201-
				219,
				2601 -
				2654
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.030(2)(b) requires the
				Secretary of Personnel to promulgate administrative regulations, consistent
				with KRS Chapter 18A and federal standards, for the administration of a
				personnel system. KRS
				18A.110(7)(g) requires the
				secretary, with the approval of the Governor, to promulgate administrative
				regulations that govern annual leave, sick leave, special leaves of absence,
				and other conditions of leave. This administrative regulation establishes the
				leave requirements for classified employees.
Section 1. Annual Leave.
(1) Accrual of annual leave.
(a) Each full-time employee shall accumulate
			 annual leave at the following rate:
Months of Service
Annual Leave Days
0-59 months
1 leave day per month; 12 per year
60-119 months
1 ¼ leave days per month; 15 per
							 year
120-179 months
1 ½ leave days per month; 18 per
							 year
180-239 months
1 ¾ days per month; 21 per year
240 months & over
2 leave days per month; 24 per year
(b) A
			 full-time employee shall have worked, or been on paid leave, other than
			 educational leave with pay, for 100 or more regular hours per month to accrue
			 annual leave. This shall not include hours worked in excess of the prescribed
			 hours of duty.
(c) Accrued leave
			 shall be credited on the first day of the month following the month in which
			 the annual leave is earned.
(d) In
			 computing months of total service for the purpose of earning annual leave, only
			 the months for which an employee earned annual leave shall be
			 counted.
(e) A former employee who
			 has been rehired shall receive credit for months of prior service, unless the
			 employee had been dismissed for cause or has retired from a position covered by
			 a state retirement system.
(f) A
			 part-time employee shall not be entitled to accrue annual leave.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:105 - Sick leave sharing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.110(1)(h), (7)(g),
				18A.196,
				18A.197
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.030(2)(b) requires the
				Secretary of Personnel to promulgate administrative regulations, consistent
				with KRS Chapter 18A and federal standards, for the administration of a
				personnel system.
				KRS
				18A.110(1)(h) and (7)(g)
				require the secretary to promulgate administrative regulations governing
				various types of work leave, including sick leave.
				KRS
				18A.197(9) requires the
				secretary to promulgate administrative regulations to implement the sick leave
				sharing program. This administrative regulation establishes the sick leave
				sharing procedures.
Section 1.
			 Definitions.
(1) "Employee" is defined by
			 KRS
			 18A.196(1).
(2) "Immediate family" means:
(a) The employee's spouse, mother, father,
			 grandparent, son, or daughter; or
(b) A person of similarly close relationship:
1. Who has resided with the employee for at
			 least thirty (30) days prior to application; or
2. For whom the employee is legally
			 responsible.
(3) "Medically certified illness, injury,
			 impairment, or physical or mental condition" means a disabling medical
			 condition which has rendered or will render the employee completely incapable
			 of performing the essential duties of the job due to:
(a) The employee's personal illness;
			 or
(b) The medically certified
			 necessity that the employee care for an eligible immediate family
			 member.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:106 - Annual leave sharing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.025(3)(c) 1d,
				18A.203
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.030(2)(b) requires the
				Secretary of Personnel to promulgate administrative regulations, consistent
				with KRS Chapter 18A and federal standards, for the administration of a
				personnel system.
				KRS
				18A.110(1)(h) and (7)(g)
				require the secretary to promulgate administrative regulations governing
				various types of work leave, including annual leave.
				KRS
				18A.203(9) requires the
				secretary to promulgate procedural administrative regulations to implement the
				Annual Leave Sharing Program. This administrative regulation establishes the
				procedures for the Annual Leave Sharing Program established by
				KRS
				18A.203.
Section
			 1. Definition. "Employee" is defined by
			 KRS
			 18A.005(14).
Section 2. Eligibility to Donate or Receive
			 Annual Leave.
(1) An employee shall not
			 qualify to donate or receive annual leave under the Annual Leave Sharing
			 Program if the employee:
(a) Is not in active
			 payroll status; or
(b) Has:
1. Resigned;
2. Retired; or
3. Been placed in unpaid leave status by a
			 personnel action.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:120 - Incentive programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.202,
				199.555(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(1)(d) requires the
				Secretary of Personnel to promulgate administrative regulations to implement
				work-related incentive programs for state employees.
				KRS
				18A.202(1) authorizes the
				secretary to establish work-related incentive programs for state employees.
				Executive Order 2019-787 authorizes the secretary to promulgate administrative
				regulations for state employee adoption benefits. This administrative
				regulation establishes the requirements for an employee suggestion system
				incentive program and a state employee adoption benefit program.
Section 1. Employee Suggestion System.
(1) Eligibility.
(a) An employee with status in the classified
			 service or an employee governed by KRS Chapter 16 may be recognized and
			 rewarded for submitting a suggestion that results in the improvement of state
			 service or in the realization of financial savings by the state.
(b) A suggestion shall be a positive idea
			 which:
1. Explains how to improve methods,
			 equipment, or procedures;
2.
			 Reduces time or cost of a work operation;
3. Creates a safer work
			 environment;
4. Increases revenue;
			 or
5. Improves relationships with
			 or services for the public.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:140 - Workers' Compensation Fund and Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.110(7)(i),
				18A.370,
				18A.375,
				18A.380,
				342.640
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(7)(i) requires the
				Secretary of Personnel to promulgate administrative regulations to implement
				programs to provide for the safety, health and welfare of state employees.
				KRS
				18A.380 requires the cabinet to promulgate
				administrative regulations for the administration of the state employee
				workers' compensation fund established by
				KRS
				18A.375. This administrative regulation
				establishes requirements for the workers' compensation fund and program for
				state employees.
Section 1. Workers'
			 Compensation Fund. The self-insured workers' compensation fund and program
			 established by
			 KRS
			 18A.375(1) shall cover all
			 eligible employees.
Section 2.
			 Eligibles.
(1) A state employee, as defined
			 by
			 KRS
			 18A.370, shall be eligible to participate in
			 the program.
(2) Other state
			 related groups shall be included upon written agreement with the Personnel
			 Cabinet.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:150 - State Safety Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030(2)(l),
				18A.110(7)(i),
				18A.155
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(7)(i) requires the
				Secretary of Personnel to promulgate administrative regulations, for the
				development, operation and enforcement of programs to improve work safety. This
				administrative regulation establishes the state safety program.
Section 1. Establishment of State Safety
			 Program.
(1) A state safety program shall be
			 established and administered through the Personnel Cabinet, and headed by a
			 state safety coordinator.
(2) An
			 appointing authority shall designate an agency safety representative for each
			 site location.
(3) The state safety
			 program shall comply with the occupational health and safety requirements
			 established in KRS Chapter 338 and the administrative regulations promulgated
			 by the Kentucky Occupational Safety and Health Program in 803 KAR Chapter
			 2.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:160 - Kentucky Employee Assistance Program (KEAP)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030(2)(i),
				18A.110(7)(I),
				18A.155(1)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.030(2)(i),
				KRS
				18A.110(7)(i), and
				18A.155(1)(e)
				requires the Secretary of Personnel to promulgate administrative regulations
				which govern development, operation, and enforcement of programs to improve the
				work effectiveness of employees in the state service, including health,
				welfare, counseling, and employee relations. This administrative regulation
				establishes requirements relating to the Kentucky Employee Assistance Program
				(KEAP).
Section 1. Establishment of
			 Kentucky Employee Assistance Program. The Personnel Cabinet shall establish and
			 administer the Kentucky Employee Assistance Program (KEAP) to coordinate
			 employee assistance programs that exist in state agencies and to supplement
			 them with additional services.
Section
			 2. Eligibility for Services.
(1)
			 An employee whose job performance is or may be adversely affected by personal
			 problems may initiate a request for confidential personal or family services
			 from the Kentucky Employee Assistance Program.
(2) An employee shall obtain a Kentucky
			 Employee Assistance Program service without discrimination or
			 reprisal.
(3) Participation of the
			 employee in the Kentucky Employee Assistance Program shall not preclude an
			 agency from taking disciplinary or a corrective action as needed in dealing
			 with job behavior or job performance problem.