reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:060 - Separation for cause; reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.190,
				341.360,
				341.370,
				341.530
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of KRS Chapter 341. This administrative regulation
				establishes requirements for employer notification of a claim for benefits, and
				information the employer shall provide to the Office of Unemployment
				Insurance.
Section 1. Notice to
			 Employers.
(1) If an initial claim for
			 benefits is filed by a claimant or if a reopened claim for benefits is filed by
			 a claimant who has been employed since last claiming benefits, the Office of
			 Unemployment Insurance shall immediately notify the claimant's most recent
			 employer in writing of the filing.
(2) If the claimant has worked for his or her
			 most recent employer for less than ten (10) weeks, the office shall also notify
			 his or her next most recent employer in writing of the claim filing.
(3) If the claimant did not work for either
			 his or her most recent or next most recent employer for at least ten (10) weeks
			 each, the most recent employer for whom the claimant worked for at least ten
			 (10) weeks each shall be notified in writing of the filing.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:070 - Reasonable time for protesting claim

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.370(3),
				341.530(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.370(3) and
				341.530(3)
				require the secretary to promulgate administrative regulations establishing
				what constitutes reasonable time within which an employer shall protest a claim
				by a former worker. This administrative regulation establishes the requirements
				for determining reasonable time.
Section
			 1.
(1) Except as provided in
			 Section 2 of this administrative regulation, the reasonable time referred to in
			 KRS
			 341.370(3) or
			 341.530(3)
			 shall not extend beyond the following:
(a) If
			 the employer submits by paper, documentation of the protest shall be received
			 within ten (10) days after the date of the first notice to the employer from
			 the department that a claim has been filed; or
(b) If the employer submits electronically,
			 documentation of the protest shall be received within twelve (12) days of the
			 first notice to the employer from the department that a claim has been
			 filed.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:080 - Labor dispute or strike; notification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.360
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341. This administrative regulation establishes reporting requirements
				for an employer to notify the office when a labor dispute or strike begins and
				ends.
Section 1.
(1) If an initial claim for benefits or a
			 reopened claim for benefits is filed by a claimant, the Office of Unemployment
			 Insurance shall immediately notify the claimant's most recent employer of the
			 filing.
(2) If the claimant is
			 unemployed because of a strike or other bona fide labor dispute, the employer,
			 in addition to the notice required under
			 KRS
			 341.360(1), shall:
(a) Indicate on form UI-412A, incorporated by
			 reference in
			 787 KAR
			 1:010, the reason for the claimant's unemployment;
			 and
(b) Return the form to the
			 office within ten (10) days after the date appearing on the form as the date of
			 mailing.
(3) In
			 computing the ten (10) day period:
(a) The day
			 following the date of mailing of the notice shall be considered the first day;
			 and
(b) if the tenth day falls on a
			 day during which the office is closed, the next day thereafter on which the
			 office is open shall be considered the tenth day.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:090 - Unemployed worker's reporting requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 341.350, 341.360, 341.370, 341.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes
				the secretary to promulgate administrative regulations necessary or suitable
				for the proper administration of KRS Chapter 341. KRS 341.350(11) requires the
				secretary to promulgate administrative regulations related to work search
				activities required for benefit eligibility. This administrative regulation
				establishes the registration and reporting requirements that an unemployed
				worker is required to meet to draw benefits, the date when a claim shall be
				valid, the length of time a claim may be backdated, the procedures for
				electronic, telephone, and mail claims, and the requirement for random
				audits.
Section 1. Registration for
			 Work.
(1) An unemployed worker shall be
			 registered for work with a state employment service before he or she is
			 eligible to receive benefits. A registration shall be considered filed if the
			 unemployed worker completes the registration process.
(2) When an unemployed worker completes an
			 initial application for benefits or reopens a claim, he or she shall be
			 assigned a group classification code A or B based upon his or her reemployment
			 prospects. The classification codes described below are solely related to
			 reemployment prospects and not to any classification codes used to identify a
			 claimant's duration of benefits, as detailed in KRS 341.385.
(a) Group A shall consist of any worker who
			 is unemployed and is not subject to definite recall within a period of sixteen
			 (16) weeks from the date of filing of the initial or reopened claim.
(b) Group B shall include any worker who is:
1. Unemployed and has definite return
			 prospects with his or her last employer within a period of sixteen (16) weeks
			 from the date of filing of the initial or reopened claim;
2. Unemployed because of a labor dispute in
			 the establishment where he or she has been employed; or
3. A member of a union which shall be
			 responsible for securing future employment.
(3) During any benefit year, an unemployed
			 worker shall be assigned a different group classification code if review of his
			 or her reemployment prospects reveals that a different classification is
			 appropriate.
(4) The completion of
			 an initial application for benefits shall serve as work registration for any
			 group "B" unemployed worker.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:100 - Week of unemployment defined

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 341.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.080(3) authorizes
				the cabinet to prescribe by administrative regulation the period of time which
				shall constitute a week of unemployment for the purpose of administering the
				Unemployment Insurance Program in accordance with KRS Chapter 341. This
				administrative regulation establishes an exception to the definition of week of
				unemployment.
Section 1. Except for
			 any week a worker received shared work benefits in accordance with KRS 341.4161
			 to 341.4173, a week of unemployment shall be a calendar week of seven (7)
			 consecutive calendar days beginning 12:01 a.m. on Sunday and ending 12 midnight
			 the following Saturday. A week of unemployment beginning in a benefit year
			 shall be deemed to be wholly in that benefit year.
STATUTORY AUTHORITY: KRS 341.080(3),
				  341.115
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:110 - Appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.570(1),
				341.420(2),
				(4),
				341.430(2),
				341.440,
				341.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				13B.020(3)(e)1 exempts
				unemployment insurance hearings from the provisions of KRS Chapter 13B. This
				administrative regulation establishes the appeals process and general rules for
				the conduct of hearings.
Section 1.
			 Definition. "Interested party" means a claimant or employer identified in a
			 notice of determination.
Section 2.
			 Appeals to Referee.
(1) The presentation of an
			 appeal to a referee.
(a) Any interested party
			 wishing to appeal to a referee from a determination issued pursuant to
			 KRS
			 131.570(1) or
			 341.420(2)
			 shall file with the Office of Unemployment Insurance or its authorized
			 representative a written statement clearly indicating the party's intention to
			 appeal within the time limits prescribed by
			 KRS
			 131.570(1) or
			 341.420(2).
(b) An appeal to a referee shall be
			 considered filed as of the date it is received by the department as established
			 in
			 787 KAR
			 1:230.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:120 - Fees for representing claimant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.115
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets the maximum fee that may be charged for representing a
				claimant.
Section 1. The fee to be
			 charged for representing a claimant in any proceeding before a referee, the
			 commission, or any court, or all three (3) shall not exceed twenty (20) percent
			 of the maximum amount of potential benefits payable with respect to the claim
			 under adjudication.
Section 2. The
			 fee agreed to by the claimant and his representative, if within the maximum
			 established in Section 1 of this administrative regulation, shall be deemed to
			 have been approved by the commission.
Section
			 3. Enforcement of payment of the fee shall be a matter entirely
			 between the counsel or agent and the claimant. The fee shall not be deducted,
			 either in whole or in part, from the benefit checks otherwise due and payable
			 to the claimant.
STATUTORY AUTHORITY:
				  KRS
				  151B.020,
				  341.115
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:140 - Unemployment insurance fund payments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.500,
				341.510
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341. This administrative regulation establishes the procedure to be
				used between the Division of Unemployment Insurance, the treasurer of the
				unemployment insurance fund, the Finance and Administration Cabinet and the
				Secretary of the Education Cabinet for the certification of checks to be
				written and paid for benefits under the program.
Section 1. All transfers to the state's
			 account in the Unemployment Trust Fund or refund payments made from the
			 clearing account shall be made by the treasurer of the unemployment insurance
			 fund immediately upon receipt of a written order for the action signed by the
			 Director of the Division of Unemployment Insurance or a person designated by
			 the commissioner and approved by the Secretary of the Education
			 Cabinet.
Section 2. Requisitions
			 from the state's account in the Unemployment Trust Fund for claimant benefits
			 or employer refunds shall be made by the treasurer within twenty-four (24)
			 hours after the receipt of a written order for the requisition signed by the
			 Director of the Division of Unemployment Insurance or a person designated by
			 the commissioner and approved by the Secretary of the Education Cabinet.
			 Withdrawals for benefits, shall immediately be deposited in the benefit
			 account. Withdrawals for employer refunds shall immediately be deposited in the
			 clearing account.
Section 3.
(1) A benefit payment register for the
			 payment of benefits shall be prepared and presented to the treasurer and
			 certified as correct to the Finance and Administration Cabinet by the Director
			 of the Division of Unemployment Insurance or a person designated by the
			 commissioner and approved by the Secretary of the Education Cabinet. The
			 benefit payment register shall show:
(a) The
			 claimant's name;
(b) The claimant's
			 Social Security account number;
(c)
			 The amount of payment to be made;
(d) The compensable period for which payment
			 is made;
(e) The check number and
			 the date of issuance;
(f) The
			 program type; and
(g) The
			 claimant's earnings.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:150 - Interstate claimants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.145,
				341.350,
				341.360,
				341.370,
				341.380
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				341.145(1) authorizes the
				secretary to enter into arrangements with other states for the provision of
				services to unemployed workers.
				KRS
				341.380(1) requires benefits
				to be be paid in accordance with administrative regulations promulgated by the
				secretary. This administrative regulation establishes requirements for the
				office in its administrative cooperation with other states for the payment of
				benefits to interstate claimants.
Section
			 1. Definitions.
(1) "Agent
			 state" means a state from which an individual files a claim for benefits
			 payable by another state.
(2)
			 "Benefits" means the compensation payable to an individual, with respect to his
			 unemployment, under the unemployment insurance law of a state.
(3) "Interstate benefit payment plan" means
			 the plan approved by the National Association of State Workforce Agencies under
			 which benefits are be payable to unemployed individuals absent from the state
			 or states in which benefit credits have been accumulated.
(4) "Interstate claimant":
(a) Means an individual, including an
			 interstate combined wage claimant, who claims benefits under the unemployment
			 insurance law of one (1) or more liable states from an agent state;
			 and
(b) Does not mean an individual
			 who customarily commutes from a residence in an agent state to work in a liable
			 state unless the secretary finds that:
(c) Kentucky is the liable state;
			 and
(d) The individual is not
			 seeking employment in Kentucky.
(5) "Liable state" means a state against
			 which an individual files a claim for benefits if filed from another
			 state.
(6) "State" means one (1) of
			 the fifty (50) states in the United States of America or Canada, the Virgin
			 Islands, Puerto Rico, or the District of Columbia.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:160 - Time extension for reports and notices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.115
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation allows an extension of time for filing reports and paying
				contributions due to an act of God.
Section
			 1. The secretary may extend for a reasonable period of time the
			 due date for filing reports and paying contributions as prescribed in
			 787 KAR
			 1:030, and the specified time for notifying the
			 division of separations for cause as prescribed in
			 787 KAR
			 1:070, if, upon the presentation of sufficient facts
			 by the employer, he finds that failure to file the reports, pay contributions,
			 or notify the division of separations within the time specified was due to an
			 act of God.
STATUTORY AUTHORITY:
				  KRS
				  151B.020,
				  341.115
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:170 - Value of board and lodging

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.030,
				341.190,
				26
				U.S.C. 119
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				341.030(1) requires the
				promulgation of an administrative regulation to establish the procedures for
				determining the reasonable cash value of remuneration other than cash paid for
				employees' services. This administrative regulation establishes the value of
				board and lodging, which involves determining if the items are paid in lieu of
				wages received by the worker and not specified under the contract of hire or if
				they are provided for the convenience of the employer and not held to be
				wages.
Section 1. Except as provided
			 in Section 2 of this administrative regulation, board, lodging, or any other
			 payment in kind received by a worker in covered employment from his employing
			 unit in addition to or in lieu of (rather than as a deduction from) money wages
			 shall be:
(1) Deemed to be wages paid by his
			 employing unit; and
(2) Included in
			 the gross wages reported for that worker by his employing unit for the purpose
			 of computing contributions due under
			 KRS
			 341.190.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:180 - Employer's records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.115,
				341.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341:
				KRS
				341.190(1) requires
				employers to maintain and to make available for inspection those employment
				records that the secretary determines are necessary for the effective
				administration of KRS Chapter 341. This administrative regulation establishes
				the record-keeping requirements for an employing unit with respect to covered
				employment and the length of time that the records shall be kept.
Section 1. Each employing unit shall
			 establish, maintain and preserve for not less than six (6) years records with
			 respect to covered employment performed in its service. The records shall show:
(1) For each pay period:
(a) The beginning and ending date of the pay
			 period;
(b) The total amount of
			 wages paid for covered employment in the pay period; and
(c) The largest number of workers in covered
			 employment in any one (1) day of each calendar week; and
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:190 - Recoupment and recovery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.415
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of KRS Chapter 341.
				KRS
				341.415(1) limits recoupment
				and recovery in the discretion of the secretary and in cases of benefits
				overpaid as a result of "office error". This administrative regulation
				establishes the actions and instances which shall constitute "office error" and
				which shall otherwise limit recovery and recoupment.
Section 1. The following shall constitute
			 "office error" in the payment of benefits:
(1)
			 Errors in computing the benefit rate;
(2) Incorrect weekly payment due to a failure
			 to consider a deductible amount that was properly reported by a
			 claimant;
(3) Payment beyond the
			 expiration of the benefit year;
(4)
			 Payment in excess of the maximum benefit amount;
(5) Payment under an incorrect
			 program;
(6) Retroactive notice of
			 nonmonetary determinations, except that a determination that the claimant has
			 committed fraud shall not be considered office error;
(7) Monetary redeterminations;
(8) Payment during a period of
			 disqualification;
(9) Payment to a
			 wrong claimant; or
(10) Erroneous
			 payments resulting from human error in the data entry process.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:210 - Employer contribution rates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.270,
				341.272
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				341.270(3) requires the
				secretary to determine the rate schedule for employer contributions. This
				administrative regulation establishes the method by which the secretary shall
				publish the rate schedule in effect each year.
Section 1. Annual Employer Rate Notice.
(1) On or before December 15 of each year,
			 the Office of Unemployment Insurance, on behalf of the secretary, shall issue
			 to each active employer liable to pay unemployment contributions for the next
			 calendar year a Notice of Contribution Rate.
(2) The notice shall:
(a) State the rate schedule determined by the
			 secretary pursuant to
			 KRS
			 341.270(3) to be in effect
			 for the next calendar year;
(b)
			 Inform each employer of the:
1. Rate
			 applicable to the employer's account for the next calendar year;
2. Tax, wage, and benefit charge information
			 regarding the employer's account; and
3. Statutory provisions used to calculate and
			 assign the rate in accordance with
			 KRS
			 341.270 and
			 341.272;
			 and
(c) Be issued in
			 either paper or electronic format.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:220 - Required reports and due dates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 341.070,
				341.190,
				341.250(2),
				341.262
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of KRS Chapter 341.
				KRS
				341.190(2) authorizes the
				secretary to require an employing unit to furnish information and records
				concerning wages paid, employment, and other related matters. This
				administrative regulation establishes the required filing options, information,
				and reporting due dates.
Section 1.
			 Definition. "Required report" means the Employer's Quarterly Unemployment Wage
			 and Tax Report (UI-3), which is incorporated by reference in
			 787 KAR
			 1:010 and may be filed electronically.
Section 2.
(1) Except as established in subsection (2)
			 of this section, an employer shall file the report required in Section 1 of
			 this administrative regulation by submitting an electronic report via the
			 Internet at
https://kewes.ky.gov
.
(2) An employer with fewer than ten (10)
			 workers performing service in covered employment during any month within a
			 quarter being reported and who is unable to file the report electronically, may
			 submit a paper form UI-3.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:230 - Date of receipt of documents defined

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.262,
				341.300,
				341.380,
				341.430(2),
				341.450(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to implement KRS
				Chapter 341. This administrative regulation establishes requirements for
				determining the date of receipt of documents required for the administration of
				KRS Chapter 341.
Section 1. Except as
			 provided in Section 2 of this administrative regulation, a contribution
			 payment, report, continued claim, protest, or appeal shall be considered
			 received by the department as of the date it is:
(1) Delivered to the department; or
(2) Deposited in the mail or with a
			 commercial postal service on or before the due date, as indicated by the
			 postmark applied by the U.S. Postal Service or official mark applied by a
			 commercial postal service. The mark made by a privately-held postage meter
			 shall not be considered in determining the date of receipt.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:240 - Fraud disqualifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.370
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulation necessary to administer KRS
				Chapter 341.
				KRS
				341.370(2) provides that a
				worker shall be disqualified from receiving benefits for any week with respect
				to which he knowingly made a false statement to establish his right to or the
				amount of his benefits, and, within the succeeding twenty-four (24) months, for
				the additional weeks immediately following the date of discovery, not to exceed
				a total of fifty-two (52), as may be determined by the secretary. This
				administrative regulation establishes the number of additional weeks of
				disqualification to be imposed.
Section
			 1. Unreported Earnings.
(1) If
			 the department issues a determination finding that a claimant fraudulently
			 failed to report wages earned during a week of unemployment for which
			 unemployment insurance benefits were claimed, an additional period of
			 disqualification shall be imposed for each week of unreported earnings, in
			 addition to the disqualification period imposed for each week by
			 KRS
			 341.370(2).
(2) The additional period shall be the
			 greater of:
(a) Twelve (12) weeks in length;
			 or
(b)
1. Six (6) weeks for each week the unreported
			 earnings are less than one and one-fourth (1 1/4) times the weekly benefit
			 amount; and
2. Twelve (12) weeks
			 for each week the unreported earnings are equal to or more than one and
			 one-fourth (1 1/4) times the weekly benefit amount.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:250 - Release of notice of levy

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.820(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341
				KRS
				341.820(1) authorizes the
				release of levy upon all or part of the property or rights to property levied
				upon if it is determined that the action will facilitate collection of
				liability. This administrative regulation establishes the conditions under
				which levy may be released.
Section 1.
			 The secretary or his designated representative shall release a levy if:
(1) The delinquent employer enters into an
			 arrangement placing property in escrow with a value equal to or greater than
			 the amount necessary to secure payment of the liability, including expenses of
			 levy;
(2) The delinquent employer
			 furnishes a bond equal to or greater than the employer's total liability
			 conditions upon payment of the liability, including expenses of levy;
(3) A payment is made of an amount determined
			 by the division to be equal to the interest of the division in the seized
			 property or of the part of the seized property to be released. The amount to be
			 paid under this release provision shall be determined in the same manner as for
			 discharge of property from a tax lien. Release of a levy shall not itself
			 constitute a lien release;
(4) The
			 delinquent employer enters into a partial payment agreement; or
(5) The value of the interest of the division
			 in the seized property to be released is insufficient to cover the expenses of
			 the sale.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:260 - Voluntary election of coverage

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.070(9),
				341.250(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				341.250(3) authorizes
				employees to voluntarily elect to cover employment not otherwise covered by the
				chapter, subject to approval by the secretary. This administrative regulation
				establishes the process for approval of voluntary election of coverage.
Section 1. An employing unit seeking election
			 of coverage under
			 KRS
			 341.250(3) shall include in
			 its written election:
(1) For the two (2)
			 calendar years preceding the date of election, or for the total length of
			 existence of the organization, whichever is less:
(a) A list of all funding sources, the
			 revenues received from each, and duration of funding provided from each,
			 accompanied by supporting documentation including grant applications, funding
			 approval letters, and any other relevant material; and
(b) A list of all employees along with gross
			 salaries paid; and
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:270 - Covered employment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 341.050,
				341.055
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS 341.050
				and
				341.055
				define covered and noncovered employment. This administrative regulation
				establishes conditions affecting covered or noncovered employment in
				corporations or within families.
Section
			 1. Service by Officers, Directors, or Stockholders of
			 Corporations.
(1) An officer of a corporation
			 shall be presumed to be in covered employment if, under the corporation's
			 charter, bylaws, or minutes, he is required to perform some service, whether or
			 not the service is actually performed.
(2) Any stockholder, director, or officer who
			 received remuneration in the form of a salary or wages shall be presumed to be
			 in covered employment whether or not services are actually performed if the
			 salary or wages are carried on the corporation payroll records or provided for
			 in its bylaws or minutes.
(3) Any
			 director of a corporation who perform no other service for the corporation
			 other than to attend a directors' meeting shall not be in covered
			 employment.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:290 - Contract construction rates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 341.070,
				341.272
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.272(1) requires entities
				engaged in the contract construction trades to pay contributions equal to the
				maximum rate of contributions under
				KRS
				341.270.
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations to implement KRS Chapter
				341. This administrative regulation establishes requirements for contract
				construction for the purposes of rate assignment under
				KRS
				341.272.
Section
			 1. For the purpose of rate assignment, a service shall be
			 considered as contract construction if the service is listed in the United
			 States North American Industry Classification System Manual, Part I Sector 23
			 subsections 236, 237 and 238, 2017.
Section
			 2. To be considered a contract construction employer, one-half
			 (1/2) or more of the service upon which liability is established under
			 KRS 341.070
			 shall be in contract construction.
Section
			 3. Incorporation by Reference.
(1) "United States North American Industry
			 Classification System Manual", Part 1 Sector 23 subsections 236, 237 and 238,
			 2017, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained, subject to applicable copyright law, at the Labor Cabinet, Tax
			 Enforcement Branch, Mayo-Underwood Building, 500 Mero Street, Frankfort, KY
			 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:300 - Successorship

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 341.070,
				341.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary to administer KRS
				Chapter 341.
				KRS
				341.540(2) requires that the
				basis for successorship, other than transfers between employing units with
				common ownership, shall be determined in accordance with administrative
				regulations promulgated by the secretary. This administrative regulation
				establishes the conditions under which an employing unit shall be found to be
				successor to another.
Section 1.
			 Definitions.
(1) "Domestic employing unit"
			 means an employing unit for which service is provided as established in
			 KRS
			 341.050(1)(g).
(2) "Going concern" means an employing unit
			 that is providing goods or services, maintaining a staff, or meeting
			 payroll.
(3) "Negotiation" means
			 dealings conducted between two (2) or more parties for the purpose of reaching
			 an understanding.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:320 - Priority of deductions from benefits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.390,
				341.392,
				341.395,
				341.415,
				26 U.S.C.
				3304
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.395(4) provides that
				amounts shall be deducted and withheld from unemployment benefit payments in
				accordance with priorities established in an administrative regulation by the
				secretary.
				26 U.S.C.
				3304 requires that federal individual income
				tax from unemployment compensation be deducted and withheld if an individual
				receiving this compensation voluntarily requests the deduction and withholding.
				This administrative regulation establishes the priority of deductions from
				benefits.
Section 1. If deductions and
			 withholding from benefit payments are required under more than one (1) statute
			 or for more than one (1) purpose, the priority for deduction shall be as
			 follows:
(1) Deduction of wages, remuneration
			 in lieu of notice, and pension compensation as required under
			 KRS
			 341.390;
(2) Deduction for recoupment of a previous
			 overpayment as required under
			 KRS
			 341.415;
(3) Child support obligations as required
			 under
			 KRS
			 341.392;
(4) Any other mandatory deduction imposed
			 under a federal or Kentucky statute or administrative regulation; and
(5) Voluntary withholding of income tax
			 requested by a claimant as provided:
(a)
			 Under
			 KRS
			 341.395 for federal income tax; or
(b) Under
			 103
			 KAR 18:070 for state income tax.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:360 - Overpayment waivers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				341.413, 2022 Ky. Acts ch. 199, Part
				1D.7.(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of KRS Chapter 341. For unemployment insurance claims
				filed between January 27, 2020 and December 31, 2020,
				KRS
				341.413 authorizes the secretary to waive
				overpayments of unemployment insurance benefits if the secretary, upon an
				alleged overpayment recipient's waiver request, finds the overpayment was made
				without fault on the part of the recipient and recovery would be contrary to
				equity and good conscience. Notwithstanding
				KRS
				341.413, 2022 Ky. Acts ch. 199, Part 1D.7.(6)
				authorizes the secretary to waive an overpayment of benefits for unemployment
				insurance claims filed between January 27, 2020 and September 6, 2021. This
				administrative regulation establishes definitions and procedures for waiving
				overpayments pursuant to KRS Chapter 341, 341.413, and 2022 Ky. Acts ch. 199,
				Part 1D.7.(6).
Section 1. Definitions.
(1) "Benefits" means "benefits" as defined by
			 KRS
			 341.020(4).
(2) "Financial hardship" means:
(a) An individual or that individual's
			 immediate family has experienced at least a fifty (50) percent reduction in
			 gross earned income or loss of employment; or
(b) That, as a result of the recovery of the
			 overpayment of the benefit, the individual is unable to meet daily living
			 expenses, including expenses for food, clothing, rent, utilities, insurance,
			 job or job search-related transportation expenses, and medical
			 expenses.
(3) "Office"
			 means the Office of Unemployment Insurance within the Kentucky Education and
			 Labor Cabinet.
(4) "Office error"
			 means:
(a) Errors in computing the benefit
			 rate;
(b) Incorrect weekly payment
			 due to a failure to consider a deductible amount that was properly reported by
			 a claimant;
(c) Payment beyond the
			 expiration of the benefit year;
(d)
			 Payment in excess of the maximum benefit amount;
(e) Payment under an incorrect
			 program;
(f) Retroactive notice of
			 nonmonetary determinations, except that a determination that the claimant has
			 committed fraud is not considered "office error";
(g) Monetary redeterminations;
(h) Payment during a period of
			 disqualification;
(i) Payment to a
			 wrong claimant; or
(j) Erroneous
			 payments resulting from human error in the data entry process.
(5) "Secretary" means the
			 Secretary of the Kentucky Education and Labor Cabinet.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 2 - Employment Services › Section 787 KAR 2:020 - Confidentiality of records of the Office of Employment and Training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151B.280(3),
				341.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151B.280(3)(a) requires the
				secretary of the Education and Workforce Development Cabinet to promulgate
				administrative regulations to protect the confidential nature of records and
				reports which directly or indirectly identify a client or former client of
				programs administered by the cabinet. This administrative regulation
				establishes which records of the cabinet's Office of Employment and Training
				shall be considered confidential in order to encourage full disclosure of
				information on the part of job applicants and employers and to provide
				guidelines to employment service personnel in responding to requests for
				information.
Section 1. The employment
			 and service records identified in this section shall be confidential and shall
			 not be subject to disclosure, except as provided in
			 KRS
			 151B.280(3):
(1) Work opportunity tax credit:
(a) Form 8850, Pre-Screening Notice and
			 Certification Request for the Work Opportunity Credit;
(b) ETA Form 9061, Individual Characteristics
			 Form Work Opportunity Tax Credit; and
(c) ETA Form 9063, Employer Certification
			 Work Opportunity Tax Credit;
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 2 - Employment Services › Section 787 KAR 2:030 - Classifying a person as unemployed; appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.065, Administrative Order HR 86-1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.065 provides a credit to taxpayers for
				hiring a person classified as unemployed. The Department for Employment
				Services is required by Administrative Order HR 86-1 to perform all
				administrative functions pertaining to the Unemployment Tax Credit Program. The
				Secretary of the Cabinet for Workforce Development may adopt rules and
				administrative regulations as are necessary to implement the Unemployment Tax
				Credit Program and as are necessary to cooperate with the Revenue Cabinet for
				the proper administration of the program. The function of this administrative
				regulation is to establish when a person is classified as unemployed for
				purposes of the Unemployment Tax Credit Program, and to establish the appeals
				process and general rules for the conduct of hearings regarding the denial of
				the unemployment tax credit to a taxpayer.
Section
			 1. Definitions.
(1) "Actively
			 seeking work" means a person making a reasonable effort to obtain work at least
			 sixty (60) days prior to hire as might be expected of a prudent person under
			 like circumstances, including occupations, salary, number of employing firms in
			 area and distance involved.
(2)
			 "Full-time employment" means, for labor market attachment purposes, if a person
			 worked more than twenty-three (23) hours per week or more than 100 hours per
			 month for at least thirty (30) days prior to the sixty (60) day, minimum
			 unemployed period.
(3) "Labor
			 market attachment" means had full-time employment before the sixty (60) day
			 minimum unemployed period. Self-employment can be used to meet this
			 requirement.
(4) "Readily
			 available" means a person who at least sixty (60) days prior to hire was
			 willing and able to enter into full-time employment; and possessing the ability
			 to overcome any barriers, including arranging child care, part-time work or
			 school schedules, transportation, or other conditions that would prevent an
			 individual from accepting full-time employment.
Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 3 - Apprenticeship Standards › Section 787 KAR 3:020 - Confidentiality of records of the Office of Employer and Apprenticeship Services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151B.280
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151B.280(5)(a) requires the
				secretary of the Education and Workforce Development Cabinet to promulgate
				administrative regulations to protect the confidential nature of all records
				and reports which directly or indirectly identify a client or former client of
				programs administered by the cabinet's Office of Employer and Apprenticeship
				Services. This administrative regulation establishes which records of the
				Office of Employer and Apprenticeship Services shall be considered confidential
				in order to encourage full disclosure of information on the part of job
				applicants and employers and to provide guidelines to employment service
				personnel in responding to requests for information.
Section 1. Definition.
(1) "Personal information" is defined by
			 KRS
			 61.931(6).
Kentucky Administrative Regulations › Title 789 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY ASSISTIVE TECHNOLOGY LOAN CORPORATION › Chapter 1 - Kentucky Assistive Technology Loan Corporation › Section 789 KAR 1:010 - General eligibility criteria for assistive technology loans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.450-151B.475
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.465(9) requires
				the Board of Directors of the Kentucky Assistive Technology Loan Corporation to
				promulgate administrative regulations through the cabinet to establish and
				administer a program for providing low-interest loans to qualified borrowers
				through qualified lenders for the acquisition of assistive technology. This
				administrative regulation prescribes when, and under what conditions, assistive
				technology loans shall be provided, in order to distribute limited funds
				equitably over the population of qualified borrowers.
Section 1. Definitions.
(1) "KATLC" means the Kentucky Assistive
			 Technology Loan Corporation.
(2)
			 "Nonprofit organization" means an incorporated entity under the provisions of
			 KRS 273.163 to 273.387 that is in good standing with the Kentucky Office of the
			 Secretary of State.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:010 - Applications, permits, and renewals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330,
				165A.350(3),
				165A.360(1), (2), (7),
				(9),
				367.110-367.360
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations to
				administer and enforce the provisions of KRS Chapter 165A.
				KRS
				165A.350(3) and
				165A.360(2)
				require the commission to establish forms. This administrative regulation
				establishes the application requirements and incorporates forms by
				reference.
Section 1. Initial
			 Licensure Application and Student Protection Fund Contribution for Schools.
(1) A school residing in and doing business
			 in Kentucky shall submit:
(a) Form PE-15,
			 Application for Resident School; and
(b) The initial contribution to the student
			 protection fund required by
			 791 KAR 1:025, Section
			 2.