500 KAR | Title 500 KAR — Justice and Public Safety Cabinet

Chapter 1 Peace Officer Death Benefits

500 KAR 1:010 Definitions for 500 KAR Chapter 1 {#sec-500-kar-1-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:010}

Section 1. Definitions. The following definitions shall apply in this chapter:

(1) "Act in the line of duty" means an activity or an action performed by a police officer, related to public safety, that the police officer is obligated or authorized by statute, rule, administrative regulation, condition or policy of employment or service with the public safety agency, official mutual-aid agreement, or other law to perform, including any social, ceremonial, or athletic functions, any official training programs of the public agency to which the police officer is assigned or for which the police officer is compensated by the public safety agency, organization, or unit he or she serves, and the public safety agency, organization, or unit legally recognizes that activity or action to have been so obligated or authorized at the time performed. This definition shall include authorized commuting.

(2) "Authorized commuting" means travel by a police officer within the scope of his or her employment duties as authorized or required by the police officer's public safety agency, organization, or unit.

(3) "Cabinet" means the Justice and Public Safety Cabinet.

(4) "Child" means any natural, adopted, or posthumous child or child born out of wedlock of the deceased police officer who, at the time of the officer's death, is living or later is born alive.

(5) "Claim administrator" means the individual at the cabinet assigned by the secretary to review and process line of duty death benefits claims.

(6) "Claimant" means an individual who has filed a claim for death benefits pursuant to KRS 61.315 on his or her own behalf or on whose behalf a claim has been filed.

(7) "Death" means the death of the police officer as a result of an act in the line of duty, including a death that is a direct result of a traumatic injury, wound, condition of the body, disease, or medical treatment received as a direct result from an act in the line of duty. This definition shall not include a death resulting from:

(a) A nonwork-related disease or condition;

(b) Intentional misconduct of the police officer;

(d) The police officer's willfulness or wanton disregard that brings about his or her death; or

(e) Voluntary intoxication of the police officer that is a contributing factor of the death.

(8) "Determination" means the approval or denial of a claim.

(9) "Direct result" or "direct and proximate cause" means something that is a substantial factor in bringing a condition about.

(10) "Eligible survivor" means a spouse, child, or parent:

(a) Described in KRS 61.315(2) as being entitled to a benefit for the death of a police officer in the line of duty; and

(b) Who meets the requirements for payment described in KRS 61.315(2).

(11) "Heart attack" means:

(a) A myocardial infarction; or

(b) A cardiac event including cessation, interruption, arrest, or other similar disturbance of heart function that is:

Acute; and
Directly and proximately caused by a pathology, or pathological condition of the heart or of the coronary arteries.

(12) "Nonroutine strenuous physical activity" means an act in the line of duty that:

(a) Is not of a clerical, administrative, or nonmanual nature;

(b) Is not performed as a matter of routine; and

(13) "Nonroutine stressful physical activity" means an act in the line of duty that:

(a) Is not of a clerical, administrative, or nonmanual nature;

(b) Is not performed as a matter of routine;

(d) Occurs under circumstances that objectively and reasonably:

Pose or simulate, in a realistic fashion, situations that pose significant dangers, threats, or hazards not faced by similarly-situated members of the public in the ordinary course; and
Provoke an unusually high level of alarm, fear, or anxiety.

(14) "Office of the Secretary" means the office of the secretary of the cabinet at 125 Holmes St, Frankfort, Kentucky 40601.

(15) "Officer" or "police officer" is defined by KRS 61.315(1)(a).

(16) "Parent" means a natural or adoptive parent of the police officer living at the time of the police officer's death.

(17) "Posthumous child" means a biological child of the officer, and the officer is:

(a) Alive at the time of the child's conception; and

(b) Deceased at or before the time of the child's birth.

(18) "Secretary" means the secretary of the cabinet.

(19) "Spouse" means the lawfully wedded husband or wife of the deceased police officer living at the time of the officer's death and includes a spouse living apart from the officer at the time of the officer's death for any reason or a spouse involved in divorce proceedings if a final divorce decree has not been entered at the time of the police officer's death.

(20) "Stroke" means a cerebrovascular incident.

(21) "Substantial factor" means a factor that substantially brings about an event, if:

(a) The factor alone was sufficient to have caused the event; or

(b) No other factor or combination of factors contributed to the event to so great a degree as the factor in question.

History

RELATES TO: KRS 61.315, 83A.087, 87A.088, 183.881, 446.010
STATUTORY AUTHORITY: KRS 61.315(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(2) authorizes payment to the surviving spouse and surviving children or parents of a police officer who dies in the line of duty. KRS 61.315(4) authorizes the Justice and Public Safety Cabinet to promulgate administrative regulations establishing criteria and procedures for death benefits for police officers as defined in KRS 61.315(1)(a) who die in the line of duty. KRS 61.315(4) authorizes the Justice and Public Safety Cabinet to promulgate administrative regulations applicable to the administration of payments, including defining when one has died in the line of duty. This administrative regulation establishes the definitions used in 500 KAR Chapter 1.
History: 12 Ky.R. 1561; eff. 4-17-1986; Am. 13 Ky.R. 48; eff. 8-12-1986; 19 Ky.R. 1121; eff. 1-4-1993; TAm eff. 10-25-2013; Crt eff. 2-25-2020; 51 Ky.R. 781, 1281; eff. 4-2-2025.

500 KAR 1:021 Filing and processing of death benefit claims {#sec-500-kar-1-021 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:021}

Section 1. Submission of Claim.

(1) A claim for benefits pursuant to KRS 61.315(2) for the death of a police officer resulting from an act in the line of duty shall be made for an eligible claimant by filing with the claim administrator at the address indicated on the form:

(a) A complete Form 1, Claim for Death Benefits;

(b) All supporting documents or proof required by this administrative regulation; and

(c) A Form 2, Report of Police Officer's Death, completed by the police officer's employing public safety agency, organization, or unit with the required documentary proof.

(2) Form 1 shall be executed by the claimant or the claimant's legally designated representative with written proof of such designation.

(3) If the claimant is under a disability, including mental or physical incapacity or as a result of being a minor, the claim shall be submitted and executed by the claimant's legally appointed guardian, committee, trustee, or other legal representative with written proof of the disability and proof of the legal authority of representation by means of affidavit, certified court record, or other legal document.

(4) The claimant shall establish with evidence:

(a) That the police officer died as a result of an act in the line of duty as established in Section 3 of this administrative regulation;

(b) That the claimant is the spouse, child, or parent of the police officer as required by KRS 61.315(2); and

(c) The existence or nonexistence of other eligible claimants to establish priority and payment amounts pursuant to the claim.

(5) The claim for death benefits shall be filed within three (3) years of the date of the death of the police officer for which the claim is made, unless the secretary extends the filing deadline for good cause shown by the claimant.

(6) The claim administrator may require a claimant to submit additional information or evidence concerning the criteria for benefit eligibility, the correct survivor to receive the benefit, the amount of the benefit, or any other issue deemed material for the claim by the claim administrator.

(a) If information or evidence to support a condition required for eligibility is not submitted, the claim administrator shall inform the claimant of the required information or evidence. The claimant shall submit the evidence within ninety (90) days of the request for evidence unless the claim administrator extends the filing deadline for good cause shown by the claimant.

(b) The claimant's failure to submit evidence as requested by the claim administrator shall be a basis for determining that the claimant has failed to satisfy the conditions required to be eligible for death benefits.

(7) A claim for benefits may be withdrawn at any time upon written notice to the claim administrator signed by claimant or the claimant's legally designated representative.

Section 2. Proof of Relationship.

(1) Spouse.

(a) If the claimant is a spouse of the police officer, the spouse shall submit documentary proof of marriage in the form of:

A duly issued and certified copy of the marriage license or marriage certificate;
Any certified government or official report of the marriage;
An affidavit of the marriage officiant; or
An affidavit of two (2) witnesses of the marriage.

(b) The documentary proof submitted shall establish the:

Names of persons married;
Date of marriage; and
Place of marriage.

(c) If the police officer was previously married, a certified copy of the divorce decree or a certified divorce certificate of each previous marriage for the police officer shall be submitted.

(d) If the spouse of the police officer was previously married, a certified copy of the divorce decree or a certified divorce certificate of each previous marriage for the spouse shall be submitted.

(2) Child.

(a) If the claimant is a child of the police officer, documentary evidence of the relationship and age of the child shall be provided in the form of a certified official copy of a:

Birth certificate;
Adoption decree;
Paternity decree;
Other government agency record that reveals the age and relationship of the child to the deceased police officer; or
Other record admissible in a court of competent jurisdiction to determine the child's relationship to the officer including genetic test results; or

(b) If none of the documents listed in paragraph (a) of this subsection exist, affidavits of two (2) credible witnesses who are not beneficiaries of the benefit payment or an affidavit of the police officer executed prior to death establishing the police officer's recognition of the child as his or her natural or adopted child shall be provided.

(3) Parent.

(a) If the claimant is a parent of the police officer, proof of the relationship shall be provided in the form of a certified official copy of:

A birth certificate;
An adoption decree;
A paternity decree;
A government agency record that reveals the parental relationship with the deceased police officer; or
A record admissible in a court of competent jurisdiction to determine the claimant's relationship to the officer including genetic test results; or

(b) If none of the documents listed in paragraph (a) of this subsection exist, affidavits of two (2) credible witnesses who are not beneficiaries of the benefit payment establishing the police officer's recognition of the claimant as his or her parent shall be provided.

(4) If the claimant is claiming through an auxiliary police officer appointed pursuant to KRS 95.445, the claimant shall:

(a) Provide the ordinance establishing the auxiliary police force;

(b) Provide official records showing the police officer was appointed by the appropriate officials;

(d) State whether a first-class city is within the county wherein the auxiliary police officer was appointed.

(5) Unavailability of certified copies of records.

(a) If a certified copy of any record required in this section cannot be obtained through diligent effort, the claimant may submit an uncertified copy and explain the reason that the record is unavailable.

(b) The claim administrator shall notify the claimant or representative whether the explanation for unavailability is sufficient and if the copy shall be accepted.

Section 3. Proof of Death as a Direct Result of an Act in the Line of Duty.

(1) To establish that the death of the police officer was the direct result of an act in the line of duty, the claimant shall provide a certified copy of the:

(a) Police officer's death certificate;

(b) Employment records substantiating the police officer's paid status as required by KRS 61.315(1)(a);

(d) Toxicology report, if performed;

(e) Uniform incident report;

(f) Report of incident by investigating agency, if made;

(g) Investigative report prepared by the employing public safety agency, organization, or unit regarding the circumstances leading to the death; and

(h) Other documents to support eligibility as required by the claim administrator.

(2) A death of a police officer shall be presumed to be a direct result of an act in the line of duty if evidence establishes:

(a) The police officer's status as a police officer;

(b) The death results from the hostile action of an individual that knew of the officer's status as a police officer; and

The police officer's status as a police officer; or
Retaliation for an act in the line of duty performed by a police officer.

(3) Death resulting from a heart attack, stroke, or vascular rupture suffered by a police officer shall be presumed to be a direct result of an act in the line of duty, if evidence establishes:

(a) The police officer was on duty or was on duty within twenty-four (24) hours; and

(b) The heart attack, stroke, or vascular rupture was a substantial factor in the death of the police officer, unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.

(4) The death of a police officer from COVID-19 shall be presumed to be a direct result of an act in the line of duty, if evidence establishes:

(a) The police officer engaged in an act in the line of duty between January 1, 2020, and March 21, 2022;

(b) The police officer was diagnosed with COVID-19, or evidence indicates that the police officer had COVID-19, during the 45-day period beginning with the last day of the officer's duty within the parameters set forth in paragraph (a) of this subsection; and

(c) The police officer had COVID-19 or complications from COVID-19 at the time of his or her death, unless competent medical evidence exists to show that the police officer's death was directly and proximately caused by something other than COVID-19.

Section 4. Benefit Disqualification. If an act or omission of an eligible survivor was a substantial factor in the death of the police officer, benefits shall be precluded as to that eligible survivor only.

Section 5. Claim Decision.

(1) A claim is considered filed when the claim administrator receives Form 1.

(2) A claim is considered complete if:

(a) All required forms, reports, documents, and evidence, including any requested information and evidence, are submitted to the claim administrator; or

(b) The time allowed to provide the required forms, reports, documents, and evidence has elapsed.

(3) The claim administrator shall provide written notice to the claimant or claimant's representative when the claim administrator considers the claim complete.

(4) The claim administrator shall make an eligibility determination on the claim within 120 days of the claim being considered complete.

(5) If a claimant is determined to be eligible for a benefit, the claim administrator shall:

(a) Notify the claimant in writing at the claimant's last known address of the determination; and

(b) Present the claim to the State Treasurer within forty (40) working days.

(6) If the claimant is determined not eligible for a benefit, the claim administrator shall:

(a) Notify the claimant in writing at claimant's last known address of the determination;

(b) Provide an explanation of the criteria that was not met; and

Section 6. Priority and Amount of Claim Benefits. The priority and amount of benefits paid shall comply with KRS 61.315.

Section 7. Rights to Appeal. An appeal shall proceed as established in 500 KAR 1:030.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Form 1, Claim for Death Benefits", 2024 edition; and

(b) "Form 2, Report of Police Officer's Death", 2024 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Line of Duty Death Benefits, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the agency Web site at https://justice.ky.gov/Departments-Agencies/ols/Pages/lodd.aspx.

History

RELATES TO: KRS 61.315, 83A.087, 87A.088, 95.445, Chapter 183, 446.010
STATUTORY AUTHORITY: KRS 61.315(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(2) authorizes payment to the surviving spouse and surviving children or parents of a police officer who dies in the line of duty. KRS 61.315(4) authorizes the Justice and Public Safety Cabinet to promulgate administrative regulations establishing criteria and procedures for death benefits for police officers as defined in KRS 61.315(1)(a) who die in the line of duty. This administrative regulation provides criteria and procedures applicable to the filing and processing of death benefit claims.
History: 51 Ky.R. 831, 1283; eff. 4-2-2025.

500 KAR 1:030 Request for hearing {#sec-500-kar-1-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:030}

Section 1. Administrative Review.

(1) A claimant may, within thirty (30) days after notification of ineligibility by the claim administrator, request a hearing before the secretary to review the claimant's request for death benefits. The request for a hearing shall:

(a) Be in writing;

(b) Be received by the office of the secretary within thirty (30) days of the date of the notice of ineligibility; and

(2) The hearing shall be held within ninety (90) days of receipt of the request for a hearing and shall be conducted by the secretary or the secretary's designated hearing officer. If a hearing officer conducts the hearing, the hearing officer shall submit findings of fact, conclusions of law, and a recommended decision to the secretary. The hearing shall be held at a time and place designated by the secretary or the designated hearing officer with written notice sent to the claimant and the cabinet's representative, if any, pursuant to KRS Chapter 13B.

(3) The hearing shall provide the claimant and the cabinet's representative, if any, with an opportunity to be heard publicly, to be represented by counsel, and to put on proof by sworn witnesses, certified records, affidavits, exhibits, or other evidence as the hearing officer or secretary may determine to be required or useful in evaluating the claim. The claimant shall have the opportunity to cross-examine or rebut adverse testimony or evidence. The hearing shall be recorded and the original of the complete transcript shall be made a part of the claims record at claimant's cost, if requested by the claimant to be transcribed.

(4) Failure of the claimant or claimant's representative to appear at the hearing shall be deemed an abandonment of the claimant's request for a review of the decision adverse to the claimant's request for benefits unless within ten (10) days of the hearing good cause is shown to the secretary or the hearing officer for the claimant's failure to appear by means of affidavit filed with the secretary.

(5) The secretary or secretary's designated hearing officer may, whenever necessary, administer oaths, examine witnesses, or continue the hearing to facilitate the receipt of evidence.

(6) The claimant shall bear the burden of proof by substantial, reliable, and probative evidence.

(7) A payment shall not be made of any portion of a death benefit until all determinations, hearings, and reviews that may affect that payment have been completed.

(8) In conducting the hearing, the secretary or secretary's designated hearing officer shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedures, but he or she shall conduct the hearing in a manner to best ascertain the rights of the claimant. The secretary or secretary's designated hearing officer may additionally schedule a prehearing conference upon its own motion or motion of a party to consider such matters that will aid in the simplification of the hearing or avoidance of costly or unnecessary proof or manner for presenting proof.

(9) Within sixty (60) days following the hearing, the secretary shall issue a written opinion, containing findings of facts and conclusions of law to support the decision. A copy of the decision shall be provided to all parties at their last known address. The decision of the secretary shall be the final decision of the cabinet and shall be subject to review as provided by KRS Chapter 13B.

(10) Upon a favorable decision to claimant, which has become final, payment shall be made to the claimant as soon thereafter as practicable, with the cabinet presenting the claim to the State Treasurer within five (5) working days.

History

RELATES TO: KRS Chapter 13B, 61.315
STATUTORY AUTHORITY: KRS 61.315(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(2) authorizes payment to the surviving spouse and surviving children or parents of a police officer who dies in the line of duty. KRS 61.315(4) authorizes the Justice and Public Safety Cabinet to promulgate administrative regulations establishing criteria and procedures for death benefits for police officers who die in the line of duty. This administrative regulation provides the procedures for a claimant to request a hearing for denial of benefits for the death of a police officer in the line of duty pursuant to KRS 61.315(4).
History: 12 Ky.R. 1564; eff. 4-17-1986; Am. 19 Ky.R. 1124; eff. 1-4-1993; Crt eff. 2-25-2020; 51 Ky.R. 783, 1285; eff. 4-2-2025.

Chapter 2 Special Law Enforcement Officers

500 KAR 2:020 Filing and processing SLEO commissions {#sec-500-kar-2-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 2:020}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 61.900(3).

(2) "Governmental unit" means the unit or agency of state, county, city, or metropolitan government or other governmental entity authorized by KRS 61.900(6) or 61.902 to employ SLEOs.

(3) "Secretary" is defined by KRS 61.900(5).

(4) "SLEO Act" means the Special Law Enforcement Officer Act found in KRS 61.900 to 61.930.

(5) "SLEO program administrator" means the person designated or appointed by the Secretary of the Justice and Public Safety Cabinet to administer the Special Law Enforcement Officer Program whose address is: SLEO Program Administrator, Internal Investigations Branch, 125 Holmes Street, Frankfort, Kentucky 40601.

(6) "Special Law Enforcement Officer" or "SLEO" is defined by KRS 61.900(6).

Section 2. Qualifications to Apply for Commission as a Special Law Enforcement Officer. To qualify for a commission as a SLEO pursuant to KRS 61.900 to 61.930, an individual shall comply with the conditions and requirements established in KRS 61.906.

Section 3. Application for Commission as a Special Law Enforcement Officer.

(1) An applicant shall meet the requirements of the SLEO Act before a commission is granted.

(2) An applicant shall provide to the governmental unit two (2) complete, signed and notarized Special Law Enforcement Officer (SLEO) Application Forms (SLEO-1).

(3) The governmental unit shall submit both application forms to the SLEO program administrator.

(4) The application forms shall contain:

(a) The name, address, telephone number, and detailed personal description of and information about the applicant; and

(b) All arrests and convictions, including traffic offenses committed within the past ten (10) years, violations, misdemeanors, or felonies as requested on the application and any other information necessary to conduct a criminal history check.

(5) Any false or misleading information, or withholding of information requested on the application or by the cabinet investigator may be grounds for rejection without further consideration.

Section 4. Additional Requirements.

(1) In addition to the application form, an applicant shall provide to the governmental unit who shall submit to the SLEO program administrator:

(a) A copy of the applicant's high school diploma, GED, official college transcript, or college degree;

(b) A copy of the applicant's certified birth certificate;

(c) Two (2) recent photographs of the individual (full face) measuring not larger than three (3) inches by five (5) inches and taken within thirty (30) days of the date the application is submitted;

(d) If the applicant is a veteran, a copy of his or her military release (Form DD-214);

(e) An Authority to Release Information Form, SLEO-2, which allows the release of all necessary information to the SLEO program administrator. The form shall be signed by the applicant and witnessed by a second person;

(f) A Letter of Intent Form, SLEO-3, completed by the governmental unit giving the name of the applicant, the specific public property to be protected, and the signature of the authorizing official of the requesting governmental unit;

(g) Proof that the applicant has successfully completed first aid and cardiopulmonary resuscitation (CPR) training provided according to the American Heart Association or the American Red Cross requirements and is certified in first aid and CPR; and

(h) The application fee required by KRS 61.908.

(2) An applicant shall be fingerprinted by an approved vendor. The governmental unit shall contact the SLEO program administrator for information related to an approved vendor.

(3) The applicant shall arrange for and be interviewed by the SLEO program administrator or assigned cabinet investigator before a commission is granted.

(4) All SLEO applicants shall sign and the governmental unit shall submit to the cabinet the SLEO Acknowledgment Form, SLEO-4, which indicates that the applicant:

(a) Received, read, and understands:

Provisions of the SLEO Act, KRS 61.900-61.930;
Administrative regulations in 500 KAR Chapter 2;
Penalties imposed for violating the SLEO Act and its administrative regulations; and
KRS 61.300, 61.990, 61.991, 62.010, and 62.990; and

(b) Acknowledges that his or her authority is limited and restricted under the SLEO Act.

Section 5. Fees.All fees required by KRS 61.908 shall be:

(1) Submitted with the application form;

(2) Nonrefundable; and

(3) Paid in the form of a check or money order made payable to the Kentucky State Treasurer.

Section 6. Approval of Application.

(1) If the applications and all required documents are in order, and if the criminal history information record review and background investigation are favorably completed, the governmental unit for whom the SLEO applicant will be employed shall notify the Department of Criminal Justice Training concerning any training the applicant needs to satisfy the requirements of KRS 61.906(2)(f).

(2) In notifying the Department of Criminal Justice Training, the governmental unit shall describe the training needed by the applicant. The Department of Criminal Justice Training shall schedule and conduct the training and collect the related fees as prescribed in KRS 61.908(3), (4), and (5). An applicant who has successfully completed the training previously shall not be required to repeat the course.

(3) The Department of Criminal Justice Training shall notify the governmental unit of the results of the training upon completion.

Section 7. Receipt of Defective or Falsified Application.

(1) If the application is incomplete, or otherwise defective in some way other than those referenced in Section 3(5) of this administrative regulation, or in conflict with the SLEO Act or its administrative regulations, 502 KAR Chapter 2, the cabinet shall notify the governmental unit.

(2) Upon notice that an application is incomplete or otherwise defective, the governmental unit shall notify the applicant. An application may be corrected and resubmitted at no additional cost if it is resubmitted to the SLEO program administrator within sixty (60) days of the date the governmental unit is sent notice of the deficiencies by the SLEO program administrator.

(3) An application that has been falsified, contains material omissions, or contains incomplete information may be rejected, and the applicant shall be prohibited from submitting an application for commission as a SLEO for one (1) year.

Section 8. The Grant of the Commission and the Required Oath of Office.

(1) A commission for a SLEO shall be validated and granted as follows:

(a) If the applicant has successfully satisfied the requirements of the act and a commission has been recommended, a commission certificate shall be forwarded by the SLEO program administrator to the secretary or the secretary's designee for review.

(b) After the commission is issued by the secretary or the secretary's designee, a copy of the commission shall be placed in the SLEO's file maintained by the cabinet.

(2) The governmental unit shall be notified that the commission has been granted.

(a) One (1) of the original applications and two (2) County Clerk Oath verification forms (SLEO-6) shall be forwarded by the cabinet to the governmental unit whose property is to be protected.

(b) The governmental unit shall arrange for the appointed applicant to take the oath of office.

(3) The appointed applicant shall take:

(a) One (1) of the applications and the two (2) County Clerk Oath verification forms to the county clerk in the county where the applicant is to serve; and

(b) The constitutional oath of office within thirty (30) days after notice of appointment.

(4) The county clerk shall then:

(a) Complete and sign the clerk's attestation on both County Clerk Oath verification forms;

(b) Retain the application and one (1) of the County Clerk Oath verification forms, for filing purposes in the county clerk's office; and

(5) The applicant shall return the second County Clerk Oath verification form, signed by the Clerk, to the governmental unit. The governmental unit shall return it to the SLEO program administrator within thirty (30) days of the grant of the commission to indicate that the oath was administered and that the application and oath verification form are filed with the county clerk.

(6) Upon receipt of the oath verification, the commission certificate shall be forwarded by the cabinet to the governmental unit whose property is to be protected.

(7) If the second County Clerk Oath verification form, signed by the clerk, is not returned to the SLEO program administrator within thirty (30) days of the granting of the commission, the commission shall be void and the applicant shall be required to repeat the application process.

(8) The applicant shall not exercise the authority of a SLEO until the governmental unit has received the commission certificate from the cabinet.

(9) The commission certificate shall be kept by the governmental unit so long as the SLEO is employed or until his or her authority is terminated as a result of the expiration of the commission term or by action of the governmental unit or the secretary or the secretary's designee.

(10) The SLEO Commission shall be issued for a period of two (2) years, or five (5) years if the SLEO is employed as a facilities security officer with the Kentucky State Police pursuant to KRS 16.187, if the SLEO continues to meet all statutory and regulatory criteria.

(11) After the governmental unit has received the SLEO commission certificate, the governmental unit shall issue an identification card that shall be carried by the SLEO whenever he or she is acting under the authority of KRS 61.900-61.930.

(12) The identification card shall be:

(a) Presented as requested by any duly sworn peace officer or cabinet official;

(b) Subject to control by the cabinet; and

(13) If for any reason a SLEO is terminated or otherwise relieved of his or her duties as a SLEO by the governmental unit or the cabinet, he or she shall immediately return the identification card to the SLEO's governmental unit.

(14) The SLEO commission certificate shall be held by the governmental unit and shall:

(a) Be available for inspection by the SLEO program administrator or his or her designee;

(b) Remain the property of the cabinet; and

Section 9. Special Provisions.

(1) Training pursuant to KRS 61.906(2)(f)2. A SLEO applicant may request approval from the Kentucky Law Enforcement Council (KLEC) for eighty (80) or more hours of training, if that training is not currently approved, by providing documentation verifying successful completion of the training and detailed information concerning the contents of the training to the SLEO program administrator. The training approval request shall be provided to the KLEC to review the request and make a decision.

(2) Training waiver. A SLEO applicant may apply for a training waiver by providing sufficient proof of past police experience, military records, or examination records that substantiates that the applicant meets the waiver requirements set forth in KRS 61.906(2)(f)2.

(3) Firearms and First Aid Proficiency. A SLEO applicant shall:

(a) Be certified in first aid and cardiopulmonary resuscitation (CPR) through training provided according to the American Heart Association or the American Red Cross requirements; and

(b) One (1) of the following:

Meet the marksmanship qualification requirements for a retired peace officer as specified in KRS 237.140; or
Fire twenty (20) rounds at an adult size silhouette target at a range of twenty-one (21) feet, with a handgun, and shall hit the target not less than eleven (11) times. The range test shall be conducted and certified by a firearms instructor trainer or certified firearms instructor trained pursuant to KRS 237.122 or by other firearms instructor program provided by the Department of Criminal Justice Training.

Section 10. Renewals.

(1) A letter of intent from the governmental unit stating its request to renew a commission, two (2) complete signed and notarized SLEO Renewal Application Forms (SLEO-5), and the renewal application fee required by KRS 61.908(2) for each individual involved shall be filed with the SLEO program administrator at least sixty (60) days before the expiration date of the existing commission.

(2) The applicant for renewal shall be fingerprinted by an approved vendor and undergo a background investigation to bring the applicant's records up-to-date.

(3) In addition to the requirements set forth above in this section, for each renewed commission granted, the governmental unit and SLEO applicant shall comply with the requirements set forth in Section 8 of this administrative regulation.

Section 11. Governmental Units Employing SLEOs - Records, Reports, and Responsibility.

(1) All governmental units employing SLEOs shall:

(a) Keep their files current as to the expiration date on each SLEO's commission;

(b) Keep the individual SLEO's commission certificates on file, to be returned to the cabinet upon termination of the SLEO and his or her authority;

Are currently certified in First Aid and CPR; and
Have met the same marksmanship qualification required of certified peace officers in KRS 15.383; and

(d) Mail or email to the SLEO program administrator by June 30 of each year:

A current list of all active SLEO personnel; and
The number of arrests made or citations issued by the agency the previous calendar year.

(2) The unit shall post a copy of the SLEO administrative regulations, 500 KAR Chapter 2, and a copy of KRS 61.900-61.930, 61.990, and 61.991 of the SLEO Act in a conspicuous location in any office or building that is designated security headquarters for persons operating as SLEOs.

(3) Complaints or unusual incidents involving SLEOs shall be handled by the governmental unit whose public property is being protected by the SLEO involved except:

(a) The governmental unit shall notify the SLEO program administrator by:

Direct verbal communication within twenty-four (24) hours of any reported incident involving the misconduct or unlawful act by any of its SLEOs; and
A follow-up written report to be filed with the SLEO program administrator, within thirty (30) days of the original oral report, stating the details of the incident and listing any action taken by the governmental unit; and

(b) If formal charges are pending, the governmental unit shall advise the SLEO program administrator as to the specific charge, trial date, and the final disposition of the charge.

(4) The governmental unit shall issue each SLEO an identification card upon the individual's appointment. The identification card shall be:

(a) Encased in plastic;

(b) Billfold size (approximately two and one-fourth (2 1/4) inches by three and one-half (3 1/2) inches); and

One (1) side containing the following language: "The holder of this card is commissioned as a Special Law Enforcement Officer, pursuant to KRS 61.902 and deemed to be a peace officer within the meaning of KRS 527.020 with the powers set forth in KRS 61.900 to 61.930."; and
The other side containing a full-faced photograph of the SLEO with his or her:

a. Name;

b. Identification or notation that the SLEO has been commissioned a "Special Law Enforcement Officer";

c. Governmental unit employing the SLEO;

d. Badge number, if any; and

e. Chief, supervisor, or employer's signature.

(5) The governmental unit shall obtain and destroy the identification card from any SLEO whose employment is terminated.

Section 12. Violations.

(1) All governmental units utilizing SLEOs shall be subject to inspection and investigation by the cabinet as circumstances may warrant for possible violations.

(2) Violations may result in prosecution and recommendation to the secretary or the secretary's designee that the commission be revoked.

Section 13. Revocation or Suspension of SLEO Commissions.

(1) A SLEO may have his or her commission suspended or revoked in accordance with KRS 61.910.

(2) The SLEO program administrator shall notify the secretary or the secretary's designee of any violations of KRS 61.910, who shall send written notice of the alleged violation to the:

(a) SLEO; and

(b) Governmental unit employing the SLEO.

(3) The notice of alleged violation shall be sent to the SLEO and employing governmental unit by regular, first-class mail and by certified mail, return receipt requested to their last known addresses.

(4) The SLEO may request an administrative hearing before suspension or revocation is imposed. The request for hearing shall be in writing and shall be received by the SLEO program administrator within thirty (30) days of receipt by the SLEO of the notice of intent to seek suspension or revocation.

(5) The secretary or the secretary's designee shall suspend or revoke the commission of a SLEO who fails to request an administrative hearing within thirty (30) days.

(6) All administrative hearings shall be conducted in accordance with KRS Chapter 13B.

(7) The cabinet may temporarily suspend the commission of a SLEO prior to holding a hearing pursuant to KRS Chapter 13B if the cabinet believes that the safety of the public requires that action. If a commission is temporarily suspended prior to holding a hearing pursuant to KRS Chapter 13B, the cabinet shall hold a Chapter 13B hearing not later than thirty (30) days from the date of the temporary suspension unless the SLEO requests an extension for a time certain. If the SLEO requests an extension for a time certain, then the commission shall remain suspended until the conclusion of the hearing.

(8) If a SLEO commission is suspended or revoked:

(a) The SLEO program administrator shall notify the governmental unit involved to return the commission of the SLEO;

(b) The governmental unit responsible for the SLEO shall forward a letter to the SLEO stating that:

His or her commission has been revoked or suspended; and
He or she shall immediately return the SLEO identification card to the governmental unit;

(d) The SLEO program administrator shall notify the county clerk in the SLEO's county of jurisdiction of the revocation or suspension.

Section 14. Procedures for Investigating Complaints or Unusual Incidents Involving SLEO Officers.

(1) Complaints or unusual incidents involving SLEOs shall be handled by the governmental unit whose public property is being protected by the SLEO involved. The governmental unit shall notify the cabinet of all incidents involving their SLEO personnel as required by Section 11(3) of this administrative regulation.

(2) The SLEO program administrator or other assigned officers may investigate complaints or unusual incidents involving SLEOs if there is reason to believe the provisions of KRS 61.900-61.930, 61.990, 61.991, or 500 KAR Chapter 2, or other applicable laws or administrative regulations have been violated and an investigation is necessary.

(3) Any investigation conducted by the cabinet shall become part of the official record of the SLEO involved.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Special Law Enforcement Officer (SLEO) Application Form", SLEO-1, 2023;

(b) "Authority to Release Information Form", SLEO-2, 2023;

(d) "SLEO Acknowledgment Form", SLEO-4, 2023;

(e) "Special Law Enforcement Officer (SLEO) Renewal Application Form", SLEO-5, 2023; and

(f) "County Clerk Oath", SLEO-6, 2023.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Internal Investigations Branch, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed on the Justice and Public Safety Cabinet Web site in the SLEO area at https://justice.ky.gov/Departments-Agencies/iib/Pages/sleo.aspx or https://justice.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS 15.334, 15.383, 61.300, 61.900-61.930, 61.990, 61.991, 62.010, 62.990
STATUTORY AUTHORITY: KRS 61.902, 61.904
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.902 authorizes the Secretary of the Justice and Public Safety Cabinet to commission special law enforcement officers. KRS 61.904 requires the Secretary to promulgate administrative regulations that are reasonable and necessary to carry out the provisions of KRS 61.900 to 61.930. This administrative regulation establishes the criteria and procedures required for filing and processing applications for commissions to be a special law enforcement officer.
History: 13 Ky.R. 449; eff. 9-4-1986; 35 Ky.R. 2817; 36 Ky.R. 582; eff. 10-2-2009; 37 Ky.R. 961; eff. 11-5-2010; 45 Ky.R. 1815, 2892; eff. 5-3-2019; 49 Ky.R. 2002, 50 Ky.R.54, 653; eff. 12-5-2023.

Chapter 3 Special Local Peace Officers

500 KAR 3:010 Definitions {#sec-500-kar-3-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 3:010}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 61.900(3).

(2) "Commission" means a commission issued to an individual by the Secretary of the Justice and Public Safety Cabinet, entitling the individual to perform special local peace officer duties on specific private property.

(3) "Private property" means specific, identified real property currently owned by an individual or entity in the Commonwealth of Kentucky.

(4) "Property owner" means:

(a) An individual in the Commonwealth of Kentucky seeking appointment of a commission of a special local peace officer to protect the premises of a specific, identified private property that he or she owns; or

(b) A duly authorized agent or officer of an entity seeking appointment of a commission of a special local peace officer to protect the premises of a specific, identified private property owned by an entity rather than a person.

(5) "SLPO Act" means the Kentucky Revised Statutes cited in 500 KAR 3:020, Section 2(7)(a).

(6) "SLPO program administrator" means the person designated or appointed by the Secretary of the cabinet to administer the Special Local Peace Officer Program whose address is: SLPO Program Administrator, Justice and Public Safety Cabinet, Internal Investigations Branch ("IIB"), 125 Holmes Street, Frankfort, Kentucky 40601.

(7) "Special local peace officer," or "SLPO" means an officer described in and appointed pursuant to KRS 61.360 and whose duties include:

(a) The protection of specific private property from intrusion, entry, larceny, vandalism, abuse, waste, or trespass;

(b) The prevention, observation or detection of, or apprehension for, unlawful activity on specific private property;

(c) The control of the operation and parking of motor vehicles, bicycles, and other vehicles, and the movement of pedestrian traffic on specific private property; and

(d) The answering of any intrusion alarm on specific private property.

History

RELATES TO: KRS 61.360
STATUTORY AUTHORITY: KRS 15A.160, 61.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations in accordance with KRS Chapter 13A and direct proceedings and actions for the administration of all laws and functions which are vested in the cabinet, except laws and functions vested in the Department for Public Advocacy. KRS 61.360 authorizes the Governor or the Governor's agent to appoint Special Local Peace Officers. This administrative regulation establishes definitions for 500 KAR Chapter 3 regulating commissions for Special Local Peace Officers.
History: 13 Ky.R. 452; eff. 9-4-1986; 35 Ky.R. 628; 1186; eff. 12-5-2008; TAm eff. 12-20-2016; Cert eff. 2-25-2020; 49 Ky.R. 2132, 50 Ky.R. 656; eff. 12-5-2023.

500 KAR 3:020 Filing and processing SLPO commissions {#sec-500-kar-3-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 3:020}

Section 1. Qualifications to Apply for Commission as a Special Local Peace Officer. To qualify for a commission as a SLPO, an applicant shall present satisfactory evidence of compliance with the conditions and requirements established in KRS 61.360.

Section 2. Application for Commission and Renewal of Commission as a Special Local Peace Officer. Applications from the property owner for an initial SLPO commission for a SLPO applicant shall be sent to the SLPO program administrator and shall comply with the following requirements:

(1) An applicant shall meet the requirements of KRS 61.360 before a commission is granted. An applicant who qualifies may hold additional commissions for different property locations.

(2) The applicant shall complete two (2) notarized "SLPO Application Candidate Information (SLPO-1)" forms, which shall include:

(a) The name of the property owner;

(b) The name, address, date of birth, and Social Security number of the applicant and a detailed personal description;

(d) Two (2) photographs of the applicant, which shall be:

Full face;
At least three (3) inches by five (5) inches in size; and
Taken within thirty (30) days prior to submission of the application;

(e) A copy of the applicant's military discharge or Form DD-214, if the applicant is a veteran;

(f) The signature of the property owner;

(g) A statement of all arrests and convictions, including traffic offenses committed within the past ten (10) years, violations, misdemeanors, or felonies; and

(h) The notarized signature of the applicant.

(3) The ten (10) dollar application fee shall be:

(a) Submitted with the application form;

(b) Nonrefundable; and

(4) Submission of any false or misleading information or the withholding of information requested on the application or by the cabinet investigator may be grounds for rejection without further consideration.

(5) An applicant shall be fingerprinted by an approved vendor. The property owner or applicant shall contact the SLPO program administrator for information related to an approved vendor.

(6) The application shall also contain the Authority to Release Information Form (SLPO-4) to allow the release of all necessary information to the SLPO program administrator. It shall be signed by the applicant and notarized or may be witnessed by the SLPO program administrator or SLPO program administrator's designee.

(7) The applicant shall also sign the SLPO Acknowledgment Notice Form (SLPO-5), which indicates that the applicant:

(a) Received, read, and understands:

KRS 61.300;
KRS 61.360;
KRS 61.991;
KRS 62.010;
KRS 62.990; and
The administrative regulations in 500 KAR Chapter 3;

(b) Acknowledges that his or her authority is limited and restricted under the SLPO Act, cited in paragraph (a) of this subsection.

(8) A Letter of Intent Form (SLPO-3) shall be filed with each application by the property owner giving the name of applicant and the specific private property to be protected. If the property is owned by more than one (1) person or entity, a single property owner may file. This letter shall accompany the application forms for an initial SLPO application and renewal application.

(9) The application shall include a copy of or information to identify the bond issued as required by KRS 61.360.

(10) The applicant shall arrange for an interview with the SLPO program administrator or assigned cabinet investigator.

(11) [( If the application is incomplete, or otherwise defective or in conflict with the SLPO Act, cited in subsection (7)(a) of this section or 500 KAR Chapter 3, the application shall be returned to the property owner. An application may be corrected and resubmitted at no additional cost if it is resubmitted within sixty (60) days of the date the property owner is sent notice of the deficiencies by the SLPO program administrator.

(12) For a SLPO commission renewal, the process outlined for an initial SLPO commission shall be followed. However, in lieu of two (2) SLPO 1 Forms, two (2) complete, signed, and notarized SLPO Renewal Application Forms (SLPO-7) for each applicant shall be filed with the SLPO program administrator at least sixty (60) days before the expiration date of the existing commission.

Section 3. The Grant of the Commission and the Required Oath of Office. A commission for a SLPO shall be validated and granted as follows:

(1) If the applicant has successfully satisfied the requirements of the statutes cited in Section 2(7)(a) of this administrative regulation, a commission certificate shall be forwarded by the SLPO program administrator to the secretary or the secretary's designee for review. After the commission is issued by the secretary or the secretary's designee, a copy of the commission shall be placed in the SLPO's file.

(2) If a commission is granted:

(a) The commission, one (1) application, and two (2) County Clerk Oath forms (SLPO-6) shall be forwarded by the cabinet to the property owner.

(b) The appointed applicant shall promptly take the application and the two (2) County Clerk Oath forms to the county clerk in the county where the applicant is to serve and shall take the constitutional oath of office within thirty (30) days after notice of appointment.

(c) The county clerk shall then complete and sign the clerk's attestation on both County Clerk Oath forms and retain the application and one (1) of the County Clerk Oath forms for filing purposes in the county clerk's office.

(d) The applicant shall return the second County Clerk Oath form signed by the county clerk to the property owner.

(e) The property owner shall then return the second County Clerk Oath form to the SLPO program administrator to indicate that the oath was administered and that the application and one (1) of the County Clerk Oath forms are filed with the county clerk.

(f) The property owner shall be allowed thirty (30) days to arrange for the appointed applicant to take the oath of office and return the second County Clerk Oath form to the SLPO program administrator. If the County Clerk Oath form is not returned within thirty (30) days, the commission shall be revoked in accordance with KRS 62.010 and 62.990.

(g) The commission certificate shall be kept by the property owner so long as the SLPO is employed or until the SLPO's authority is terminated by the expiration of the commission term or action of the property owner, the secretary, or the secretary's designee.

(3) A SLPO Commission shall be issued for a period of two (2) years, if the SLPO continues to meet all statutory and regulatory criteria.

(4) After the SLPO has taken the constitutional oath of office, the property owner shall issue an identification card that shall be carried by the SLPO whenever the SLPO is acting under the authority of KRS 61.360. The identification card shall be presented as required by any duly sworn peace officer or cabinet official and is subject to control by the cabinet. The identification card shall be:

(a) Encased in plastic;

(b) Billfold size 2 1/4 inches x 3 1/2 inches;

One (1) side containing the following language: "The holder of this card is commissioned as a Special Local Peace Officer (SLPO), pursuant to KRS 61.360 and deemed to be a peace officer within the meaning of KRS 527.020 with the limited powers set forth in KRS 61.360"; and
The other side containing a full-faced photograph of the SLPO and:

a. The SLPO's name;

b. An identification or notation that the SLPO has been commissioned as a "Special Local Peace Officer";

c. The name and signature of the property owner employing the SLPO; and

d. The SLPO's badge number, if any.

(d) Immediately returned to and destroyed by the property owner employing the SLPO if for any reason the SLPO is terminated or otherwise relieved of the duties of a SLPO by the property owner or the SPLO's commission is terminated by the cabinet. It shall be the responsibility of the property owner to obtain and destroy the identification card from any SLPO whose employment or commission is terminated.

(5) A notice shall be forwarded to the property owner concerning any SLPO whose appointment has been suspended or revoked by the secretary or the secretary's designee. The property owner shall maintain current files and make renewal applications at least sixty (60) days prior to the commission's expiration date.

(6) The applicant shall not exercise the authority of a SLPO until the property owner has received the commission certificate from the cabinet.

(7) The SLPO commission certificate shall be held by the property owner and shall be available for inspection by the SLPO program administrator or SLPO program administrator's designee. The commission certificate remains the property of the cabinet and shall be returned upon the SLPO's authority being withdrawn for any reason.

Section 4. Denial of an Application.

(1) If an application for commission as a SLPO is denied, within thirty (30) days of the determination, the SLPO program administrator shall serve upon the applicant a letter setting forth the basis of the SLPO program administrator's determination.

(2) The applicant and property owner may appeal the determination within thirty (30) days of the date of the written notice that the application has been denied. An appeal shall:

(a) Be filed in writing with the secretary or the secretary's designee; and

(b) Set forth the basis of the appeal.

(3) Within thirty (30) days of receipt of a written appeal, the secretary or secretary's designee:

(a) May request additional information from the applicant, property owner, or the SLPO program administrator;

(b) Shall consider the information provided by the applicant, property owner, or SLPO program administrator; and

(4) An applicant who is denied a commission shall not submit another SLPO application for at least one (1) year.

Section 5. Records, Reports, and Responsibility.

(1) The property owner shall maintain a file for each SLPO that includes:

(a) The SLPO's commission certificate;

(b) The expiration date of the SLPO's commission;

(d) Any complaint concerning the SLPO with the results of the investigation; and

(e) A copy of or information to identify the bond issued as required by KRS 61.360.

(2) The property owner shall post a copy of 500 KAR Chapter 3 and a copy of KRS 61.360 and 61.990 in a conspicuous location in any office or building that is designated security headquarters for persons operating as SLPOs.

(3) Complaints or unusual incidents involving a SLPO shall be handled by the property owner whose private property is being protected by the SLPO involved. However, the property owner shall notify the SLPO program administrator by direct verbal communication within twenty-four (24) hours of any reported incident involving any act as enumerated in KRS 61.360(1)(c) by any of its SLPOs. A written report shall be filed with the SLPO program administrator, within thirty (30) days of the original oral report, stating the details of the incident and listing any action taken by the property owner. If formal charges are pending, the property owner shall advise the SLPO program administrator as to all specific charges, trial dates, and the final disposition of all charges.

(4) The property owner shall mail or e-mail to the SLPO program administrator by June 30 of each year:

(a) A current list of all active SLPO personnel; and

(b) The number of arrests made or citations issued by the SLPO the previous calendar year.

(5) If the bond required by KRS 61.360 is cancelled or revoked, the property owner shall notify the cabinet of this fact and the reason for cancellation or revocation.

Section 6. Violations. A property owner utilizing SLPOs shall be subject to inspection and investigation by the cabinet or SLPO program administrator for possible violations, which may include the inspection and investigation of all files related to any SLPO commission maintained by the property owner. Violations may result in prosecution and recommendation to the secretary or the secretary's designee that the commission affected be revoked.

Section 7. Revocation or Suspension of SLPO Commissions.

(1) If the SLPO program administrator determines that a disqualifying factor in KRS 61.360(1) of the SLPO Act applies to a commissioned SLPO, the SLPO program administrator shall notify the secretary or the secretary's designee who shall revoke or suspend the commission of the SLPO, after an administrative hearing conducted in accordance with KRS Chapter 13B, if the secretary or the secretary's designee determines:

(a) That the SLPO does not meet, or no longer meets the requirements and conditions for the commission;

(b) That the SLPO has knowingly falsified an application or portion thereof, or has knowingly made any false or misleading statement of a material fact to the cabinet; or

(c) That the SLPO has violated any of the Kentucky Revised Statutes or administrative regulations cited in Section 2(7)(a) of this administrative regulation, or order of the secretary or the secretary's designee.

(2) Upon revocation or suspension the SLPO program administrator shall notify the property owner involved to return the commission of the SLPO involved to the SLPO program administrator. The property owner responsible for the SLPO shall forward a letter to the SLPO involved stating that the SLPO's commission has been revoked or suspended and that the SLPO shall immediately return the SLPO identification card to the property owner.

(3) The secretary or the secretary's designee may temporarily suspend the commission of an SLPO prior to holding a hearing pursuant to KRS Chapter 13B if the secretary or the secretary's designee believes that the safety of the public requires that action. If a commission is temporarily suspended prior to holding a hearing pursuant to KRS Chapter 13B, the secretary or the secretary's designee shall hold a KRS Chapter 13B hearing not later than thirty (30) days from the date of the temporary suspension unless the SLPO requests an extension for a time certain. If the SLPO requests an extension for a time certain, then the commission shall remain suspended until the conclusion of the hearing.

(4) The SLPO program administrator shall notify the county clerk in the SLPO's county of jurisdiction if a SLPO's commission has been surrendered, suspended, or revoked.

Section 8. Procedures for Investigating Complaints or Unusual Incidents Involving a SLPO.

(1) Complaints or unusual incidents involving a SLPO shall be handled by the property owner whose private property is being protected by the SLPO involved. The property owner shall notify the cabinet of all incidents involving their SLPO personnel as indicated in Section 5 of this administrative regulation.

(2) The SLPO program administrator or other assigned investigator may investigate any complaints or unusual incidents involving a SLPO if there is reason to believe the provisions of KRS 61.360 or other applicable laws have been violated and an investigation is necessary.

(3) Any investigation conducted by the cabinet shall become part of the official record of the SLPO involved.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "SLPO Application Candidate Information Form (SLPO-1)", 2023;

(b) "Letter of Intent Form (SLPO-3)", 2023;

(d) "SLPO Acknowledgment Notice Form (SLPO-5)", 2023009];

(e) "County Clerk Oath" Form (SLPO-6), 2023; and

(f) "SLPO Renewal Application Form (SLPO-7)" 2023.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed on the Justice and Public Safety Cabinet Web site in the SLPO area at https://justice.ky.gov/Departments-Agencies/iib/Pages/sleo.aspx or https://justice.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS 61.300, 61.360, 61.990, 62.010, 62.990
STATUTORY AUTHORITY: KRS 15A.160, 61.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations in accordance with KRS Chapter 13A and direct proceedings and actions for the administration of all laws and functions which are vested in the cabinet, except laws and functions vested in the Department for Public Advocacy. KRS 61.360 authorizes the Governor or the Governor's agent to appoint Special Local Peace Officers. This administrative regulation establishes the criteria and procedure for applying for a commission as a Special Local Peace Officer.
History: 13 Ky.R. 453; Am. 627; eff. 9-4-1986; 35 Ky.R. 630; 1186; eff. 12-5-2008; 37 Ky.R. 964; 11-5-2010; 45 Ky.R. 1402, 2087; eff. 2-1-2019; 49 Ky.R. 2134, 50 Ky.R. 656; eff. 12-5-2023.

Chapter 7 Local Alternatives to Detention Fund

500 KAR 7:020 Local alternatives to detention fund {#sec-500-kar-7-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 7:020}

Section 1. Definitions.

(1) "Applicant" means the county fiscal court or its contractor completing the grant application process for local alternative to detention funds.

(2) "Local alternative to detention fund (LADF)" means the fund established to provide monies for local programs that support alternatives to secure detention projects.

(3) "Demonstration project" means those projects that seek to test and prove the effectiveness and viability of a concept in providing alternative placement to secure detention.

(4) "Disposition" means the placement of a juvenile prior to secure incarceration or post incarceration.

(5) "Alternative to detention" means placement or efforts made to place a juvenile in programs, projects or resources other than secure detention.

(6) "Grant application" means a form supplied by the Kentucky Justice Cabinet to the applicant for delineating programmatically and fiscally what the applicant proposes to do in the project.

(7) "Schedule" means an established listing of times and dates necessary paperwork is due in the grant application process to the Division of Grants Management.

(8) "Grant period" means the period of time the project can incur programmatic and fiscal activity under grant funds.

(9) "Extension" means an increase in time of the active grant period of a project in order to expend surplus funds. An extension shall be granted by Justice Cabinet, Division of Grants Management.

(10) "Seed money" means funds that are granted to allow a project to begin operation and attain self-sufficiency through use of other funds.

(11) "Programmatic report" means the report submitted on a quarterly basis detailing the program activity of a grant project.

(12) "Fiscal report" means the report submitted on a quarterly basis detailing the program activity of a grant project.

Section 2. Application Procedures, Including Granting and Denying Applications.

(1) All applicants for the local alternative to detention fund (LADF) shall be a county fiscal court. The fiscal court may, if necessary, subcontract with other organizations, such as a private nonprofit, corporation, to provide an alternative to detention program for the county. The county fiscal court shall maintain the responsibility for all fiscal portions of the grant.

(2) Monies in the LADF shall be awarded for demonstration projects only.

(3) Applications for LADF shall propose to support programs that deal with one (1) or more of the following:

(a) An alternative placement for juveniles other than a jail, intermittent holding facility, juvenile holding facility or secure juvenile detention facility;

(b) Hold juveniles for no more than seventy-two (72) hours in a juvenile holding facility prior to disposition under KRS Chapters 620, 630, 635, and 645; or

(c) Provide transportation of juveniles to and from alternatives to detention programs, intermittent holding facilities, secure juvenile detention facilities, juvenile holding facilities or court appearances.

(4) County fiscal courts seeking to apply for LADF shall contact the Justice Cabinet, Division of Grants Management for grant applications, schedules and instructions.

(5) Applicants shall submit an original and two (2) copies of the completed grant application for review to the Justice Cabinet, Division of Grants Management.

(6) Submission, review and award or rejection of the grant application shall proceed according to a sixty (60) day schedule period established by the Justice Cabinet, Division of Grants Management.

(7) Grant awards shall be awarded on a quarterly basis in March, June, September, and December.

(8) Applications shall be denied or rejected for the following reasons:

(a) Project does not address one (1) or more of the alternative to detention program areas outlined in KRS 15A.260.

(b) An applicant other than county fiscal court submits the grant application but does not provide contractual agreement with county fiscal court to operate project.

(d) The LADF does not contain adequate funds.

(9) Applicants rejected for funding shall be entitled to appeal by following the steps outlined below. Upon notification by the Justice Cabinet, Division of Grants Management of rejection of the grant application, the applicant may:

(a) Appeal a decision by the Justice Cabinet, Division of Grants Management by filing a notice of appeal with the Secretary of Justice. The notice of appeal shall be sent by certified mail and shall be filed no later than fifteen (15) business days after receipt of the notice of denial by the applicant.

(b) Upon receipt of notice of appeal by the Secretary of Justice, the secretary shall set a date for an appeal hearing within thirty (30) days after the date of receipt of the appeal request. The appeal procedure shall be conducted by the Secretary of the Justice Cabinet or his designee. On the date established, the secretary or his designee shall hear evidence by the applicant relative to reasons the appeal should be granted. The applicant may present witnesses to support the appeal. The entire hearing shall be recorded. The secretary shall render a decision within thirty (30) working days. The decision of the Secretary, Justice Cabinet shall be final. Nothing herein shall preclude the resubmission of an application through use of regular application process.

Section 3. Program and Funding Restrictions.

(1) Projects eligible for funding under the LADF shall be those listed in KRS 15A.260.

(2) Projects funded under the LADF shall be for a grant period not less than six (6) months and no more than twelve (12) months on each individual award.

(3) Projects that do not expend funds on schedule may be eligible for an extension of the grant period. The grantee shall request an extension in writing from the Division of Grants Management.

(4) Funds utilized from the LADF are to be considered seed money. As such, projects can receive no more than three (3) years or thirty-six (36) months funding.

Section 4. Program and Funding Report.

(1) Grant projects shall file a programmatic and fiscal report quarterly regarding activity of the preceding quarter. A due date schedule shall be supplied by Division of Grants Management.

(2) The fiscal report used shall be an approved fiscal reporting form supplied by the Division of Grants Management strictly for this purpose.

(3) The programmatic report used shall be an approved programmatic reporting form supplied by the Division of Grants Management strictly for this purpose.

(4) The grantee shall maintain individual client files. Information supplied to the Division of Grants Management for report or statistical purpose shall be by client identification number or client initials.

Section 5. Termination of Programs.

(1) Project funding shall be terminated for the following reasons:

(a) Funds have not been expended within ninety (90) days of grant award without justification approved by the Justice Cabinet.

(b) Application is made under false pretenses or information.

(d) Applicant is unable to carry out the project as described under application.

(e) Grant projects may be terminated due to failure of the subgrantee to submit timely programmatic and fiscal reports to the Division of Grants Management.

(2) In case of termination, the Division of Grants Management shall notify the grantee in writing specifying the reason and giving the grantee sufficient time to close out the grant or seek funding from other sources. Once a project is terminated, the grantee shall submit a final fiscal and programmatic report detailing activity for the entire grant period. The project shall remain subject to a close-out audit.

History

RELATES TO: KRS 15A.270
STATUTORY AUTHORITY: KRS 15A.160, 15A.270
NECESSITY, FUNCTION, AND CONFORMITY: The Justice Cabinet is required to promulgate administrative regulations to govern the local alternatives to detention fund.
History: 15 Ky.R. 1348; eff. 1-7-1989; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

Chapter 8 Breath Analysis Operators

500 KAR 8:010 Certification of breath alcohol analysis instrument operators {#sec-500-kar-8-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:010}

Section 1. Training Program.

(1) To become certified to operate a breath alcohol analysis instrument, the person shall successfully complete the Breath Test Operator Certification training program of the Department of Criminal Justice Training, or the Department of Kentucky State Police.

(2) Successful completion shall mean receiving a passing score on a standardized written examination as provided by the Department of Criminal Justice Training, or the Department of Kentucky State Police, and the satisfactory completion of a standardized practical proficiency examination administered by a certified instructor.

(3) The examinations shall be included in a minimum of twenty-four (24) hours of instruction, which shall include operation of approved instruments that measure alcohol concentration.

Section 2. Certification Period.

(1) Breath test operator certification shall be valid for a period of two (2) years from the date of issuance.

(2) Certification shall expire if the breath test operator does not obtain recertification within the two (2) year certification period.

(3) A breath test operator whose certification has expired shall be eligible for recertification pursuant to Section 3 of this administrative regulation for a period of six (6) months following expiration.

(4) A breath test operator whose certification expires during his or her service on active duty with the Kentucky National Guard or the United States Armed Forces shall be eligible for recertification pursuant to Section 3 of this administrative regulation for a period of six (6) months following his or her return to employment as a peace officer.

Section 3. Recertification. (1) To obtain recertification under Sections 2(2)-(4) of this administrative regulation, a certified breath test operator, or a breath test operator whose certification has expired, shall review standards and procedures for a minimum of four (4) hours of recertification instruction by the Department of Criminal Justice Training, or the Department of Kentucky State Police.

Section 4. Repeating Training. A breath test operator whose certification expires and fails to obtain recertification under Section 2(3) or 2(4) of this administrative regulation shall repeat the twenty-four (24) hour Breath Test Operator Certification training program.

Section 5. Revocation of Certification.

(1) The following are grounds for revocation of certification to operate a breath analysis instrument:

(a) Misuse of the instrument by the breath test operator in violation of law;

(b) Refusal or failure to perform procedures in an acceptable manner; and

(2) Any revocation of a breath test operator's Breath Test Operator Certification shall be conducted by the Commissioner of the Department of Criminal Justice Training or his designee, or the Commissioner of the Department of Kentucky State Police or his designee, following written notice to the certified breath test operator of the basis for revocation and an administrative hearing conducted pursuant to KRS Chapter 13B.

History

RELATES TO: KRS 15A.070, 189A.103(3), (6)
STATUTORY AUTHORITY: KRS 15A.160, 189A.103(3)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations for the administration of all laws and functions which are vested in the cabinet. KRS 189A.103(3)(b) directs the secretary, or his or her designee, to issue certification for operation of breath alcohol analysis instruments to Kentucky peace officers. This administrative regulation establishes the certification of breath analysis operators as required by KRS 189A.103(3)(b).
History: 500 KAR 008:010. 17 Ky.R. 1885; 2203; 2440; eff. 2-7-1991; 18 Ky.R. 148; 454; 1131; 1333; eff. 11-8-1991; 37 Ky.R. 2927; 38 Ky.R. 240; eff. 9-12-2011; 44 Ky.R. 662; eff. 12-1-2017; Crt eff. 12-17-2018; Crt eff. 12-9-2025.

500 KAR 8:020 Breath alcohol analysis instruments {#sec-500-kar-8-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:020}

Section 1.

(1) Department of State Police shall be responsible for the purchase of breath alcohol analysis instruments and related units.

(2) All breath alcohol analysis instruments and related units owned by the state used pursuant to KRS Chapter 189A shall be assigned to the Department of State Police.

Section 2.

(1) A breath alcohol analysis instrument shall be accurate within plus or minus 0.005 or plus or minus five (5) percent, whichever is greater, alcohol concentration units reading to be certified. To determine accuracy of instruments, a technician trained or employed by the Department of State Police shall perform analyses using a certified reference sample at regular intervals.

(2) All breath alcohol analysis instruments shall be examined by a technician trained or employed by the Department of State Police prior to being placed into operation and after repairs of any malfunctions.

History

RELATES TO: KRS 189A.300
STATUTORY AUTHORITY: KRS 15A.160, 189A.103(3)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.300 requires the commonwealth to provide breath analysis instruments for each county. This administrative regulation establishes procedures for providing breath alcohol analysis instruments as mandated by KRS 189A.300.
History: 500 KAR 008:020. 18 Ky.R. 564; 1132; 1334; eff. 11-8-1991; 30 Ky.R. 2102; 2290; eff. 5-24-2004; Crt eff. 12-17-2018; Crt eff. 12-9-2025.

500 KAR 8:030 Administration of breath alcohol tests and chemical analysis tests {#sec-500-kar-8-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:030}

Section 1. The procedures established in this section shall apply to breath alcohol tests.

(1) A certified breath test operator shall have the person under personal observation at the location of the test for a minimum of twenty (20) minutes prior to the breath alcohol analysis. During that period the subject shall not have oral or nasal intake of substances which will affect the test.

(2) A breath alcohol concentration test shall consist of the following steps in this sequence:

(a) Ambient air analysis;

(b) Alcohol simulator analysis;

(d) Subject breath sample analysis; and

(e) Ambient air analysis.

(3) Each ambient air analysis performed as part of the breath alcohol testing sequence shall be less than 0.02 alcohol concentration units.

Section 2. The procedures established in this section shall apply regarding chemical tests of blood for alcohol or other substances.

(1) The blood sample shall be collected in the presence of a peace officer, or, at the direction of the officer, another person who can authenticate the sample.

(2) The blood sample shall be collected by a person authorized to do so by KRS 189A.103(6).

(3) The blood sample shall be collected by the following method:

(a) Ethyl alcohol (ethanol) shall not be used to clean the skin where a blood sample is to be collected; and

(b) Blood collecting containers shall not contain an anticoagulant or preservative which will interfere with the intended analytical method.

(4) Individual blood collecting containers shall be labeled to provide the following information:

(a) The name of the person from which the blood sample is collected;

(b) The date and time the blood sample is collected;

(d) The name of the officer and agency requesting the collection of the blood sample; and

(e) The complete uniform citation number if available.

(5) The blood sample shall be delivered to a forensic laboratory branch of the Department of Kentucky State Police or other clinical laboratory as designated by the Department of Kentucky State Police.

Section 3. The procedures established in this section shall apply regarding chemical analysis of urine for substances of abuse or impairment including alcohol.

(1) A urine sample shall be collected in the presence of a peace officer, or, at the direction of the officer, another person who can authenticate the sample. The witnessing person shall be of the same sex as the person providing the urine sample.

(2) The urine sample shall be collected from the subject person's voiding of his or her bladder. This urine sample may be tested for substances of abuse or impairment including alcohol.

(3) The urine sample shall be collected in a clean, dry container. Preservatives shall not be used.

(4) The urine sample container shall be labeled to provide the following information:

(a) The name of the person from whom the urine sample is collected;

(b) The date and time the urine sample is collected;

(d) The name of the officer and agency requesting the collection of the urine sample; and

(e) The complete uniform citation number if available.

(5) The urine sample shall be delivered to a forensic laboratory branch of the Department of Kentucky State Police or other clinical laboratory as designated by the Department of Kentucky State Police.

History

RELATES TO: KRS 189A.103
STATUTORY AUTHORITY: KRS 15A.160, 189A.103
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.103(3)(a) requires the cabinet to promulgate administrative regulations establishing procedures for administering breath alcohol tests and chemical analysis tests of blood and urine. This administrative regulation establishes procedures for administering those tests.
History: 500 KAR 008:030. 18 Ky.R. 565; 1132; eff. 11-8-1991; 30 Ky.R. 2103; 2291; eff. 5-24-2004; 40 Ky.R. 2219; 2692; eff. 7-7-2014; 44 Ky.R. 664; eff. 12-1-2017; Crt eff. 12-17-2018; Crt eff. 12-9-2025.

Chapter 10 Kentucky Community Corrections Grant Program

500 KAR 10:001 Definitions for 500 KAR Chapter 10 {#sec-500-kar-10-001 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:001}

Section 1. Definitions.

(1) "Administrator" means the person designated to manage the information involved with the grants awarded under KRS 196.710 and assist the Kentucky State Corrections Commission with its duties.

(2) "Board" means the community corrections board specified in KRS 196.725 or the alternate board described in KRS 196.710(3) approved by the commission to act in the place of a community corrections board.

(3) "Cabinet" is defined by KRS 196.010(1).

(4) "Commission" is defined by KRS 196.700(1).

(5) "Community corrections program plan" or "program plan" is defined by KRS 196.700(3).

(6) "Department" is defined by KRS 196.010(3).

(7) "Eligible applicant" means any local government agency or combination of agencies, private nonprofit, or charitable organization that has an established a community corrections board.

(8) "Fiscal report" means the report submitted on a quarterly basis within the electronic grants management system detailing the fiscal activity of a grant project.

(9) "Grant application" means required information that delineates the programmatic and fiscal proposal of the applicant for the project entered into an electronic grants management system provided by the cabinet.

(10) "Grant funds" means funds awarded by the commission in accordance with KRS 196.710 for implementing a community corrections program plan.

(11) "Grant period" means the period of time the project can incur programmatic and fiscal activity under grant funds.

(12) "Programmatic report" means the report submitted on a quarterly basis within the electronic grants management system detailing the program activity of a grant project.

(13) "Schedule" means an established listing of times and dates for which necessary grant paperwork is due to the commission or the administrator.

(14) "Suspension" means a temporary withholding of payment.

(15) "Termination" means the grant is ended early, and all outstanding funds are withheld.

History

RELATES TO: KRS 196.700 - 196.736
STATUTORY AUTHORITY: KRS 15A.160, 196.035, 196.710
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710 require the Kentucky State Corrections Commission to administer the community corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. This administrative regulation defines the terms to be used in 500 KAR Chapter 10.
History: 19 Ky.R. 1020; Am. 1365; eff. 12-9-1992; 46 Ky.R. 2124, 2630; eff. 6-30-2020; 49 Ky.R. 890; eff. 4-4-2023.

500 KAR 10:020 Administration and application procedure for community corrections grant program {#sec-500-kar-10-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:020}

Section 1. Application Process.

(1) The administrator shall notify eligible applicants of the availability of grant funds, requirements of the program, grant application format, and deadline for receiving applications by Web site postings and sending notices to organizations that communicate with county governments and judicial organizations.

(2) The grant program requirements may be reviewed in full at the Justice and Public Safety Cabinet Web site under the Grants Management Division and Kentucky State Corrections Commission grants.

(3) An applicant shall:

(a) Develop a community corrections program plan in compliance with KRS 196.720;

(b) Have:

A community corrections board established and functioning pursuant to KRS 196.725; or
An alternate board as described in KRS 196.710(3). If an applicant seeks to operate its community corrections program with oversight by an alternate board instead of a community corrections board pursuant to KRS 196.710(3), it shall operate under the following requirements in KRS 196.725:

a. The board shall provide direction and assistance to the community corrections program in the design, implementation and evaluation of the community corrections program plan;

b. The board members shall not receive compensation for their duties as board members, but this shall not include the normal salary received by an employee if the employee is not hired to be a board member;

c. The board shall be subject to the open meetings law, KRS 61.800 et seq., for any discussion or decision concerning the community corrections program, plan, or grant;

d. The board shall be subject to the open records law, KRS 61.870 et seq., for any records concerning the community corrections program, plan, or grant;

e. The board shall meet on a regular basis; and

f. Its duties shall include duties (1) through (4) as stated in KRS 196.725; and

(c) Submit a completed application through the electronic grant management system used by the cabinet on the Justice and Public Safety Cabinet Web site under the Grants Management Division and Kentucky State Corrections Commission grants.

(4) The community corrections program plan shall include:

(a) A project overview containing a description of the population to be served and the general format of the programs;

(b) A projected budget detailing the manner in which the funds will be expended;

(d) Letters of certification of need and support from the circuit judge, Commonwealth attorney, and the chief executive officer of the governmental unit.

(5) The community corrections program plan shall be approved by the board before an application is submitted.

(6) The application shall include:

(a) The community corrections program plan;

(b)

Records showing the creation of the community corrections board with meeting minutes; or
Request for approval of alternate board by commission;

A list of board members and their area of representation, for example: crime victim, community leader;
Board meeting schedule;
Articles of incorporation, unless the board is an alternate board that is not incorporated; and
A letter of good standing for the corporation from the Secretary of State, unless the board is an alternate board that is not incorporated;

(d) A description of the function and operation of the board, for an alternate board;

(e) Contact information;

(f) A project narrative;

(g) The specific objectives and operations of the proposed project;

(h) Performance indicators;

(i) A proposed budget narrative;

(j) A detailed proposed budget summary for personnel, contractual services, travel, training, and operating expenses; and

(k) Supporting documentation as required within the application.

Section 2. Eligibility Requirements. The following programs shall be eligible to apply for funding pursuant to KRS 196.705:

(1) Victim restitution;

(2) Community service work;

(3) Home confinement;

(4) Electronic monitoring;

(5) Drug and alcohol counseling program;

(6) Day reporting centers; and

(7) Other programs that are for a purpose outlined in KRS 196.705.

Section 3. Funds Restrictions. Grant funds shall be used for the development and implementation of new or enhanced programs and services for the targeted offenders. The funds shall not be used to supplant funds previously committed to the programs and services by local or state government.

(1) Grant funds shall not be used in a manner prohibited by KRS 196.730 for jail operations or confinement, the renovation or construction of jail facilities, or the acquisition of land.

(2) Grant funds shall be disbursed according to a schedule determined by the commission, but the grant recipient shall not spend any funds unless services have been rendered.

Section 4. Award Procedure.

(1) The administrator shall forward copies of the grant applications to the commission who shall meet and determine which applications will be awarded grants at least thirty (30) days before the start of the funding cycle.

(2) The commission shall make its decision based on:

(a) The requirements in KRS 196.710;

(b) Assessment of the proposed program's ability to meet the purposes of community corrections programs stated in KRS 196.705;

(d) If applicable, whether grant requirements were met for a previous grant, including the proper submission of quarterly reports;

(e) An area of specific grant focus determined by the commission, if any; and

(f) Other factors of similar importance in assessing the strength of an application.

(3) The administrator shall notify the recipient in writing of a grant decision within five (5) days of the decision.

(4) Grants shall be made on a year-to-year basis with consideration for continued funding after review of submitted progress and performance of the current program, as well as any audit findings. Funding shall not be provided to a program, which has failed to demonstrate:

(a) An effective sentencing alternative to incarceration by demonstrating positive outcomes;

(b) Successful program completions;

(d) Cost savings in fewer days incarcerated; or

(e) Other positive outcomes supporting KRS 196.702(4).

(5) Reconsideration.

(a) An applicant may request reconsideration for a decision to deny a grant award for misinterpretation of facts contained in the original application.

(b) An applicant shall not request reconsideration for any other matter.

(c) After notification by the administrator of the grant decision, the applicant may file a reconsideration request in writing with the grant administrator within five (5) business days after the notice of the grant decision in the grants management system. Requests for reconsideration shall be submitted to Department of Corrections, Attn: State Corrections Commission Grant Administrator, P.O. Box 2400, Frankfort, Kentucky 40602-2400.

(d) The chair of the commission or designee shall review the reconsideration request and shall provide a written decision within thirty (30) days. The decision shall be final.

History

RELATES TO: KRS 196.700 - 196.736
STATUTORY AUTHORITY: KRS 15A.160, 196.035, 196.710
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710 require the Kentucky State Corrections Commission to administer the community corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. This administrative regulation establishes the application process and administrative procedures for the community corrections grant programs.
History: 19 Ky.R. 1021; Am. 1366; eff. 12-9-1992; 2090; 2406; eff. 5-10-1993; 46 Ky.R. 2126, 2630; eff. 6-30-2020; 49 Ky.R. 891; eff. 4-4-2023.

500 KAR 10:030 Community Corrections Board and grant recipient requirements {#sec-500-kar-10-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:030}

Section 1. Meetings and Duties.

(1) The board shall meet at least quarterly to review the status of:

(a) The goals stated in KRS 196.702(4);

(b) The board's grant application for Community Corrections funding;

(d) Operation of the community corrections program plan.

(2) The board shall obtain the audit required by KRS 196.725.

Section 2. Reporting Requirements.

(1) The board shall review and approve a report before it is submitted to the administrator or commission. The board shall submit progress reports at least quarterly detailing program and fiscal information for the period to the administrator in a format approved by the commission. The format for the report, report deadlines, and other requirements for the report shall be posted in the grant requirements on the Kentucky State Corrections Commission grants Web site at https://justice.ky.gov/Boards-Commissions. The report shall include the:

(a) Number of participants served during period with the type of service received;

(b) Number successfully completing the program during the period;

(d) Number of incarceration days avoided;

(e) Number of participants with new arrests or revocations;

(f) Amount expended during the period for:

Personnel;
Contract services;
Travel;
Training;
Operating expenses; and
Equipment;

(g) Total amount expended for the period;

(h) Remaining balance of the grant; and

(i) The progress toward expending the award prior to the end of the award.

(2) If the audit addressed in 500 KAR 10:040 has not been completed when the submission for final disbursement of funds for the grant is made, the board shall provide with the submission a letter certifying that it has reviewed the expenditures for the grant and that they have been expended in compliance with the grant requirements.

Section 3. Grant Award Modification.

(1) A grant award modification request shall require approval by the commission prior to the expenditure of funds by the recipient. A budget modification that significantly changes a project's goals or objectives shall not be approved.

(2) A budget modification and justification for the grant award modification shall be submitted to the administrator fifteen (15) days prior to the end of the month for which it is being requested. After review, the administrator shall direct the grantee to submit the grant award modification request within the cabinet's electronic grants management system. The chair of the commission may approve a grant modification between commission meetings. A budget modification request and action shall be reported to the commission.

(3) Any deviation from the approved budget without prior approval may result in the disallowance of the expenditure and deobligation of the remaining funds. A grant award modification shall not be retroactive without specific approval from the commission.

History

RELATES TO: KRS 196.700 - 196.736
STATUTORY AUTHORITY: KRS 15A.160, 196.035, 196.710, 196.725
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.702 and 196.710 require the Kentucky State Corrections Commission to administer the community corrections grant program. KRS 15A.160 and 196.035 authorize the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. This administrative regulation establishes the procedures and reporting requirements for a Community Corrections Board or alternate board pursuant to KRS 196.725 and KRS 196.710(3)
History: 19 Ky.R. 1022; Am. 1366; eff. 12-9-1992; 2128, 2632; eff. 6-30-2020; 49 Ky.R. 894; eff. 4-4-2023.

500 KAR 10:040 Program review {#sec-500-kar-10-040 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:040}

Section 1. Review Process.

(1) During each fiscal year, the administrator shall inspect and examine the fiscal and program records of each grant to determine compliance with the program plan and prepare a compilation of the reports for the commission. The administrator shall provide the compilation and the grant reports each quarter to the commission.

(2) Each fiscal year, the administrator shall compile the grant program results into an annual report. The commission shall review this report and may adopt all or portions of it for the annual evaluation required by KRS 196.735.

Section 2. Programmatic and Fiscal Reports.

(1) A grant recipient shall file a programmatic report and fiscal report regarding activity for the preceding period on a schedule provided in writing to a grant recipient by the administrator. Information for the programmatic and fiscal reports shall be input into the online electronic grants management system.

(a) The fiscal report shall outline the grant funds expended for the reporting period, including:

The total grant award;
The amounts expended in the reporting period. Expenditures shall be listed by budget category, including:

a. Personnel;

(i) Gross salary;

(ii) Fringe benefits; and

(iii) Employer costs;

b. Contractual services;

c. Travel;

d. Training;

e. Equipment costs; or

f. Operating expenses; and

The balance of remaining grant funds for the grant cycle.

(b) The program report shall outline program outcomes for the reporting period, including:

Number of new program participants and total number of grant participants served;
Number of successful program completions and unsuccessful discharges from the program, with average length of time in the program;
Number and type of program violations incurred;
Number and type of program services received;
Amount of restitution or child support paid by participants;
Participation in community service;
Number of drug tests administered with aggregate results;
Number of participant referrals to other agencies for services;
Participant demographics; and
Any other relevant information about program operation during the reporting period.

(2) The grantee shall maintain individual client files. Information supplied to the commission for report or statistical purpose shall be by client identification number or client initials.

(3) Unless a grant recipient is instructed by the award contract to retain records for a longer period of time, a grant recipient shall retain:

(a) Financial records for a minimum of seven (7) years after the close of the grant period;

(b) Personnel records for a minimum of five (5) years after the close of the grant period; and

(c) Information pertaining to offender records and the community corrections grant program files for a minimum of five (5) years after the close of the grant period.

Section 3. Additional Information.

(1) A grantee shall present the progress of its program and oversight by the board to the commission at its meeting upon request.

(2) The administrator shall obtain an annual independent audit of each grant recipient. The administrator shall provide a summary of the audit results to the commission.

Section 4. Compliance Issues.

(1) If the administrator determines that there is reasonable cause to believe that a program or facility is not in substantial compliance with current requirements of the grant, or the program plan under which it was funded:

(a) The administrator may:

Investigate compliance;
Request additional supporting documentation;
Engage in additional monitoring; or
Take other actions as needed to determine compliance; and

(b) A notice of the findings concerning compliance shall be submitted to the commission.

(2) If information concerning a compliance issue is received and the chair of the commission determines that there is a significant risk of dissipation of funds, the chair may suspend all or any portion a grant until the commission meets and considers the matter.

(3)

(a) The commission may suspend all or any portion of a grant or revoke the grant if it is determined by the commission that the board is not in substantial compliance or has not made satisfactory progress in achieving substantial compliance.

(b) Suspension.

Notice of the suspension shall be sent in writing to the grant recipient and board within five (5) business days of the decision to suspend funds.
The notice shall identify specific deficiencies and corrective steps necessary for the grant recipient to demonstrate compliance with the grant requirements.
The grant recipient shall provide a corrective action plan to correct deficiencies during the suspension.
The grant recipient shall provide reports as indicated in the suspension notice to the administrator.
The administrator shall monitor the grant recipient's progress in correcting the deficiencies and shall provide a report to the commission of the grant recipient's progress.
The commission shall review the grant recipient's progress as soon as practicable, but not more than 120 days, after the sending of the report by the administrator to determine whether to:

a. Continue the suspension with instructions to the grant recipient concerning correction of the deficiencies;

b. End the suspension and resume the grant funding because the grant recipient has:

(i) Sufficiently corrected the deficiencies; or

(ii) Put into place satisfactory steps to achieve compliance within a reasonable time; or

c. Revoke the grant recipient's funding for that fiscal year.

Section 5. Termination of Grant Program.

(1) The commission shall terminate project funding for the following reasons:

(a) The application was made under false pretenses or information;

(b) The applicant is mishandling grant funds;

(d) The applicant fails to comply with reporting requirements; or

(e) The applicant is unable to carry out the project as described in the application.

(2) If the commission decides to revoke funding:

(a) The administrator shall notify the grant recipient and board in writing within five (5) business days specifying the reason for the revocation and giving the grant recipient a reasonable time to close out the grant or seek funding from other sources;

(b) Additional funds shall not be dispersed to the grant recipient for that fiscal year; and

Section 6. Review Request.

(1) A grantee may request a review of the finding to suspend or revoke grant funding by filing a request in writing with the grant administrator no later than five (5) business days after receipt of the finding.

(a) A request for review shall be limited to consideration of information only if it appears that a material fact was overlooked or misinterpreted.

(b) A grant recipient shall not request review for any other matter.

(c) Requests for review shall be submitted to Department of Corrections, Attn: State Corrections Commission Grant Administrator, P.O. Box 2400, Frankfort, Kentucky 40602-2400.

(2) The chair of the commission or designee shall review the request and issue a written decision within thirty (30) days. The decision shall be final.

Section 7. End of Grant Close Out.

(1) Once the grant period expires or a project is terminated, the grantee shall submit a final fiscal report and programmatic report detailing activity for the entire grant period. The administrator shall provide the grantee a due date for the final reports for the grant period. The due date shall not surpass thirty (30) days after the grant period expiration or termination of funds.

(2) The project shall remain subject to an audit of the grant expenditures for that fiscal year.

(3) The commission may require the return of unexpended grant monies.

(a) If the grant recipient is instructed to return unexpended grant funds, the grant recipient shall provide a check made payable to the Kentucky State Treasurer as soon as practicable, but no later than thirty (30) days after receipt of the notice.

(b) If the grant recipient does not return funds as requested, the grantee may be subject to the following actions:

Withholding of future awards for the project, program, or board; or
Other actions that may be legally available, including civil remedies.

History

RELATES TO: KRS 196.700 - 196.736
STATUTORY AUTHORITY: KRS 15A.160, 196.035, 196.710
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.735 requires the Kentucky State Corrections Commission to evaluate each community corrections program on an annual basis. KRS 15A.160 and 196.035 authorize the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. This administrative regulation provides for review of the community corrections program.
History: 19 Ky.R. 1022; Am. 1367; eff. 12-9-1992; 46 Ky.R. 2130, 2632; eff. 6-30-2020; 499 Ky.R. 896, 1420; eff. 4-4-2023.

500 KAR 10:050 Prison Industry Enhancement Certification Program {#sec-500-kar-10-050 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:050}

Section 1. Prison Industry Enhancement Certification Program Committee.

(1) The commission may establish a Prison Industry Enhancement Certification Program (PIECP) Committee. The committee members shall be appointed by the commission or the chairperson.

(2) If the committee is established, it shall perform the functions required in KRS 196.704(3) and (4).

(3) The committee shall:

(a) Consist of five (5) members and a quorum shall be a majority of its members;

(b) Elect a chair of the committee;

(d) Make decisions by a majority vote; and

(e) Report to the commission at each commission meeting concerning its activities since the previous commission meeting.

(4) For the provisions in KRS 196.704(4), the commission or committee shall review any materials listed in KRS 196.704(4) received by the commission, including:

(a) Verification of wage requirements pursuant to KRS 197.105(4) and (5);

(b) Verification of federal wage requirements as stated in 501 KAR 6:160, CPP 08-01-01 incorporated by reference;

(d) The feasibility and merits of the proposed plan within a correctional setting.

(5) For the provisions in KRS 196.704(3), the commission or committee shall:

(a) Consider the following in its assessment:

Strength of the proposed plan;
Financial strength of the business requesting to participate;
Number of inmates able to participate under the plan and any expansions proposed;
Marketability of the skills learned by the inmates participating in the program under the plan;
Ready job availability for inmates participating in the program as they are released; and
Other factors of similar importance in assessing the strength of a PIECP business application; and

(b) Provide its assessment to the department.

(6) The commission may change a decision of the committee if it is not part of a signed contract.

Section 2. Department Responsibilities.

(1) For each business plan submitted to the commission, the department shall prepare a preliminary assessment that includes the following information:

(a) Private worker impact review information;

(b) Wage review information; and

(2) The department shall post information for interested businesses about participation in the PIECP on its website.

(3) The department shall require a business that participates in the PIECP to provide for injuries to inmates participating in the program through workers' compensation insurance.

Section 3. PIECP Strategic Plan and Annual Report.

(1) The department shall submit to the commission a proposed statewide strategic plan for the PIECP by March 1 each year.

(2) The commission shall review the proposed plan and may adopt all or portions of it for the plan required by KRS 196.704(1).

(3) The department shall submit to the commission a report summarizing the annual operations of the PIECP, the status of implementation of the strategic plan, and an accounting of the distribution of profits and losses.

(4) The commission shall review the report and may adopt all or portions of it for the annual report required by KRS 196.704(6). The commission shall address any additional requirements in KRS 196.704(6) in the report.

Section 4. PIECP Review.

(1) The department shall present to the commission each quarter an update of the PIECP operations within the department.

(2) The department shall submit new and revised PIECP policies to the commission for review prior to implementation of the policies.

(3) The commission shall review the PIECP policies and procedures submitted. The commission may:

(a) Approve the policies;

(b) Recommend changes; or

History

RELATES TO: KRS 196.700 – 196.705, 197.105
STATUTORY AUTHORITY: KRS 196.704(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.704(8) requires the Kentucky State Corrections Commission to promulgate administrative regulations for the Prison Industry Enhancement Certification Program and the businesses involved in the program, the operating procedures of the commission, and the procedures addressing the handling of injury to inmates participating in the program. This administrative regulation establishes requirements for compliance with the statutes for the Prison Industry Enhancement Certification Program and review of plans by the commission.
History: 46 Ky.R. 2186; eff. 6-30-2020.

Chapter 12 Office of Medical Examiner

500 KAR 12:010 Duplicate records request fee schedule {#sec-500-kar-12-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 12:010}

Section 1. Definition. "Special stain" means a stain other than the routine Hematoxylin and Eosin.

Section 2. Duplicate Records Fees.

(1) Kodachromes shall be the cost charged by the third-party vendor. The Office of the Kentucky State Medical Examiner shall deliver the Kodachrome to a local vendor for processing if such facility is available. The requester may contact the Office of the Kentucky State Medical Examiner to request the current vendor for a Kodachrome.

(2) A compact disc (CD) containing a copy of one (1) or more digital photos shall be five (5) dollars per CD..

(3) Glass histology slides shall be fifteen (15) dollars per slide.

(4) A copy of a digital x-ray shall be ten (10) dollars each.

(5) Written records shall be one (1) dollar per page.

(6) Special stains shall be fifty (50) dollars per slide.

(7) There shall be a twenty-five (25) dollar fee for retrieval, processing, and packaging of any laboratory specimen including histology specimens, DNA specimens, and tissues .

Section 3. Procedure for Requesting Duplicate Records. To obtain duplicate records from the Medical Examiner's Office, a person shall:

(1) Provide a written request explaining the duplicate being requested in sufficient detail to identify the item to be duplicated or processed for outside testing as in the case of a DNA sample;

(2) Enclose a check or money order made payable to the Kentucky State Treasurer for the amount of the records requested; and

(3) Submit the request and payment to the Office of the Kentucky State Medical Examiner for the regional office that conducted the post-mortem examination at the following addresses:

(a) Louisville Regional Office: The Office of the Kentucky State Medical Examiner, Bingham Building 1st Floor, 10511 LaGrange Road, Louisville, Kentucky 40223;

(b) Frankfort Regional Office: The Office of the Kentucky State Medical Examiner, Central Lab, 100 Sower Boulevard, Suite 202, Frankfort, Kentucky 40601;

(c) Western Kentucky Regional Office: The Office of the Kentucky State Medical Examiner, 25 Brown Badgett Loop, Madisonville, Kentucky 42431; and

(d) Northern Kentucky Regional Office: The Office of the Kentucky State Medical Examiner, Bingham Building 1st Floor, 10511 LaGrange Road, Louisville, Kentucky 40223.[

History

RELATES TO: KRS 72.210 - 72.280
STATUTORY AUTHORITY: KRS 72.255, 72.260
NECESSITY, FUNCTION, AND CONFORMITY: KRS 72.260 authorizes the Justice and Public Safety Cabinet to establish a schedule of fees for issuing duplicate records from the Office of the Kentucky State Medical Examiner and provides that one (1) free copy of the records shall be provided to the coroner and either the county or Commonwealth's Attorney concerned. This administrative regulation establishes a fee schedule for the duplicate records.
History: 27 Ky.R. 2271; Am. 28 Ky.R. 80; eff. 7-16-2001; 48 Ky.R. 548; eff. 2-1-2022.

Chapter 13 Abuse Investigation

500 KAR 13:020 Internal Investigations Branch {#sec-500-kar-13-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 13:020}

Section 1. Definitions.

(1) "Disability" is defined by 42 U.S.C. 12102(1).

(2) "Excessive physical contact" means physical contact used or applied by an alleged offender against a juvenile that results in or creates a substantial risk of serious physical injury as defined by KRS 500.080(18) or death.

(3) "Exonerated" means the incident occurred, but the offender's actions were not improper, not excessive, or were otherwise reasonable under the circumstances.

(4) "Facility" means a group home, day treatment, residential treatment, youth development center, a detention center, any other entity or location for juvenile care operated by or contracted with the Department of Juvenile Justice for the placement of juveniles, or any entity housing a juvenile placed by or committed to the Department of Juvenile Justice.

(5) "Finding" means that once an investigation is completed, an incident, whether a serious incident or special incident, will be classified as being resolved under one (1) of the following categories:

(a) Exonerated, as defined in subsection (3) of this section;

(b) Not Substantiated, as defined in subsection (10) of this section;

(d) Substantiated, as defined in subsection (15) of this section; or

(e) Unfounded, as defined in subsection (16) of this section.

(6) "Inappropriate physical contact" means physical contact used or applied by an offender against a juvenile that has resulted or could result in physical injury as defined by KRS 500.080(16).

(7) "Initiated" means any action by the Internal Investigations Branch intended to ensure the immediate safety of the victim or to obtain evidence or information relevant to the investigation.

(8) "Internal Investigations Branch" or "IIB" means the investigation unit that is part of the Office of Legal Services within the Justice and Public Safety Cabinet.

(9) "Juvenile" means a person who is under the custody, control, or supervision of the Department of Juvenile Justice as a result of a court order or interstate supervision.

(10) "Not substantiated" means, based on a preponderance of the evidence, there is insufficient evidence to determine if an incident occurred.

(11) "Offender" means a person:

(a) Who is employed at, volunteers in, visits, or contracts with a facility; and

(b) Against whom an allegation of a special incident has been made.

(12) "Pending further investigation" means a critical witness or offender cannot be located or refuses to cooperate with the initial investigation, or there is other interference with the investigation, beyond the control of IIB, that prevents IIB from making a final determination for its finding.

(13) "Serious incident" means an act or omission committed by an offender that creates an imminent and substantial risk to, or actually causes harm to the health, safety, or welfare of a juvenile, including:

(a) The use of excessive physical contact that results in injury or could have resulted in injury to a juvenile;

(b) Inappropriate physical contact that results in an injury or could have resulted in an injury to a juvenile;

(c) Sexual activity by an offender on, against, involving, or in the presence of a juvenile, including any contact or interaction, that uses, permits, disregards, or encourages the use or exploitation of a juvenile for the sexual gratification of the offender or another person; or

(d) Permitting, inducing, assisting, or causing a juvenile to engage in:

An offense enumerated in KRS 530.064, 530.065, or 530.070; or
Other illegal activity.

(14) "Special incident" means an act or omission committed by an offender that creates a risk to, or actually causes harm to the health, safety, or welfare of a juvenile, including:

(a) Failure to provide appropriate supervision, medical care, food, clothing, shelter, or education;

(b) Use of inappropriate consequences, such as exercise, harsh physical labor, or other physical consequences as punishment in violation of accepted practices in accordance with 505 KAR Chapter 1 and DJJ Policies and Procedures;

(d) Actual or attempted use by an offender of a juvenile for the offender's or any other person's personal gain or self-interest;

(e) Accepting or soliciting a bribe or other quid pro quo from a juvenile or the juvenile's family or indicating to a juvenile or the juvenile's family that the offender will accept a bribe or other quid pro quo;

(f) Use of humiliating, demeaning, profane, racially charged, or sexually explicit language directed at a juvenile or use of any language that discriminates against a juvenile based on a juvenile's status regarding race, color, religion or creed, national origin or ancestry, sex, gender, pregnancy, sexual orientation, gender identity, or disability;

(g) Use by an offender of threats or otherwise communicating or indicating to a juvenile that by, either act or omission, an offender will cause or permit another person to physically harm that juvenile; or

(h) Extending, offering, or agreeing to extend or offer any unearned special privileges to a juvenile in exchange for any money, tangible property, intangible property, services, or any other value paid, delivered, or agreed to be delivered to the offender or any other person by a juvenile.

(15) "Substantiated" means an incident occurred, the actions of the offender were not justified, and the incident is proven by either the admission of the offender or by a preponderance of the evidence.

(16) "Unfounded" means the allegations against the offender are false because the incident did not occur; or the offender was not involved in the incident.

Section 2. Receiving a Report.

(1) The Internal Investigations Branch shall accept reports alleging facts that may be serious or special incidents.

(a) A toll-free number shall be made available to report an incident, which shall be answered by IIB during normal business hours, 8:00 a.m. to 4:30 p.m. Eastern Time, Monday to Friday.

(b) A voice mailbox system on the toll-free number shall be available for reporting an incident after normal business hours. IIB shall assign an individual on a rotating basis to check the messages after normal business hours. IIB shall take action immediately if the safety of a juvenile is involved. Otherwise, IIB shall take action on the call the next business day.

(2) Anonymous reports that give sufficient information, including the name of the alleged offender and victim, date and time of the alleged conduct, name of the facility, and nature of the alleged conduct, shall be accepted.

(3) Referrals from any other source that give sufficient information, including the name of the alleged offender and victim, date and time of the alleged conduct, name of the facility, and nature of the alleged conduct, shall be accepted.

(4) If IIB needs additional information to determine whether further investigation is warranted, it shall conduct a preliminary inquiry.

Section 3. Investigation of Reports of Serious Incidents and Special Incidents.

(1) If IIB receives a report of a serious incident, IIB shall conduct a preliminary inquiry or open an investigation.

(2) If IIB receives a report of a special incident, IIB may conduct a preliminary inquiry, an investigation, or forward the complaint to the Department of Juvenile Justice or another appropriate authority for an investigation.

(3) IIB may investigate a report or allegation at the request of the commissioner of the Department of Juvenile Justice, the commissioner's designee, the secretary of the Justice and Public Safety Cabinet, or the secretary's designee.

(4) A report or allegation not investigated by IIB may be referred to another appropriate individual or agency.

Section 4. Time Frames for Investigating Reports of Suspected Serious or Special Incidents. Following the receipt of the report, IIB shall complete an intake, and either open a preliminary inquiry or investigation or refer the report in accordance with Section 3 of this administrative regulation. IIB preliminary inquiries and investigations shall be conducted according to the time frames established in this section.

(1) If the report indicates a juvenile is in imminent danger of physical harm or injury, the preliminary inquiry or investigation shall be initiated immediately including ensuring the safety of the alleged victim and any other juvenile with whom the offender may have contact and the retention of evidence. Personal contact shall be made with the victim within twenty-four (24) hours, if possible. If the report indicates that the victim is no longer in a facility, the investigation shall be initiated within forty-eight (48) hours and every effort shall be made to have personal contact with the victim within three (3) workdays.

(2) If evidence is obtained that warrants further investigation, an investigation shall be initiated.

(3) If the report does not indicate imminent danger of physical harm or injury, the preliminary inquiry or investigation shall be initiated within twenty-four (24) hours and personal contact made with the victim within seventy-two (72) hours.

(4) Unsuccessful efforts to make personal contact shall be documented in the investigative file.

(5) Any deviation from the time frames shall require supervisory approval and be documented in the investigative file.

(6) The time shall begin when the report is received by IIB staff.

Section 5. Investigation. The investigation of an allegation or report shall include the following:

(1) A completed intake;

(2) Report of any special incidents as required by KRS 620.030 and 620.040;

(3) The Commissioner of the Department of Juvenile Justice or designee shall be notified of the report;

(4) Interviews with the following:

(a) The victim, who shall be interviewed privately, outside the presence of the offender, with no more than two (2) persons present in addition to the victim and IIB investigator;

(b) The alleged offender; and

(5) A review of documentation relevant to the incident; and

(6) Obtaining and preserving appropriate evidence.

Section 6. Determining the Validity of the Report. The investigator shall:

(1) Complete a written report within thirty (30) days of receipt of the allegation, unless there are extenuating circumstances that are documented, such as law enforcement action, court proceedings, or investigator workload issues. The report shall contain:

(a) The information gathered during the investigation; and

(b) A finding regarding the allegation as exonerated, pending further investigation, substantiated, not substantiated, or unfounded;

(2) Submit the report through supervisory channels within IIB and the Office of Legal Services for the Justice and Public Safety Cabinet for review and approval;

(3) Forward all completed investigations to the Commissioner of the Department of Juvenile Justice or the commissioner's designee; and

(4) Forward all completed investigations of substantiated special incidents that may involve abuse or neglect of a child, in accordance with KRS 620.030 to the:

(a) Cabinet for Health and Family Services; and

(b) Local commonwealth or county attorney, law enforcement, or the Kentucky State Police with the exception of all documents and evidence that are protected under Garrity v. New Jersey, 385 U.S. 493 (1967).

History

RELATES TO: KRS 15A.020, 620.030, 620.040
STATUTORY AUTHORITY: KRS 15A.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Secretary to promulgate administrative regulations for the proper administration of the Cabinet and its programs. This administrative regulation establishes the procedures for investigations by the Internal Investigations Branch, Office of Legal Services.
History: 16 Ky.R. 704; eff. 12-15-1989; Am. 16 Ky.R. 2468; eff. 7-9-1990; 18 Ky.R. 184; eff. 9-6-1991; 1950; eff. 2-7-1992; 19 Ky.R. 1892; eff. 4-7-1993; 20 Ky.R. 645; eff. 11-8-1993; 2705; eff. 5-11-1994; 21 Ky.R. 119; eff. 9-12-1994; 2261; eff. 4-20-1995; 22 Ky.R. 1149; 1473; eff. 2-12-1996; 23 Ky.R. 1734; eff. 12-13-1996; 3939; eff. 7-17-1997; 24 Ky.R. 1156; eff. 1-12-1998; 25 Ky.R. 1168; eff. 1-19-1999; 2458; eff. 6-16-1999; 32 Ky.R. 559; 877; eff. 12-2-2005; 33 Ky.R. 531; 1378; 1526; eff. 1-5-2007; 41 Ky.R. 2623; 42 Ky.R. 282; eff. 9-4-2015; 50 Ky.R. 1185, 1729; eff. 7-30-2024.

Chapter 14 Kentucky Vehicle Enforcement

500 KAR 14:010 Motor carrier safety requirements {#sec-500-kar-14-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 14:010}

Section 1. Intrastate Safety Rating System.

(1) The department may issue a safety rating to a motor carrier subject to the provisions of this administrative regulation if all of the commercial motor vehicles operated by the motor carrier are operated exclusively in Kentucky.

(2) The department shall use the safety standards and rating criteria in 49 C.F.R. 385 in issuing a safety rating.

(3)

(a) A motor carrier may request the department to conduct an administrative review if it believes the department has committed an error in assigning its proposed or final safety rating.

(b) The request and administrative review shall comply with the procedures in 49 C.F.R. 385.15 except that the request shall be submitted to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

(4)

(a) A motor carrier that has taken action to correct deficiencies may request the department to change its proposed or final safety rating at any time.

(b) The request and determination shall comply with the procedures in 49 C.F.R. 385.17 except that the request shall be submitted to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

(5) Safety Fitness Information.

(a) Final ratings shall be made available to other state and federal agencies in writing, telephonically, or by remote computer access.

(b) The final safety rating assigned to a motor carrier shall be made available to the public pursuant to the procedures in KRS Chapter 61. Any person requesting the rating shall provide the department with the motor carrier's name, principal office address, and if known, the Kentucky DOT number.

(c) Requests shall be addressed to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

Section 2. New Entrant Safety Assurance Program.

(1) A motor carrier operating in intrastate commerce shall be subject to the department's New Entrant Safety Assurance Program as set forth in 49 C.F.R. 385.301-337.

(2) A new entrant who receives a revocation notice of its operating authority resulting from the safety audit may request the department to conduct an administrative review if the entrant believes the revocation determination was in error.

(3) The request and administrative review shall comply with the procedures in 49 C.F.R. 385.327 except that the request shall be submitted to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

History

RELATES TO: KRS 281.600, 281.880, 281.883, 49 C.F.R. 385, 390
STATUTORY AUTHORITY: KRS 15A.020, 281.600, 281.880, 49 C.F.R. 385, EO 2006-805
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.880(2) authorizes the department to issue motor carrier safety ratings to any private or for hire motor carrier that is based in Kentucky. EO 2006-805 transferred the authority to administer motor carrier safety laws and administrative regulations to the Department of Kentucky Vehicle Enforcement. This administrative regulation establishes safety requirements for motor carriers in intrastate commerce.
History: 33 Ky.R. 3121; Am. 3367; eff. 6-1-07; Crt eff. 2-25-2020.

500 KAR 14:020 Administrative penalties and appeals process for motor carrier safety violations {#sec-500-kar-14-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 14:020}

Section 1. Definitions.

(1) "Compliance review" is defined by 49 C.F.R. 385.3.

(2) "Safety violation" means a violation of KRS 281.880, 500 KAR 14:010, or 601 KAR 1:005 as determined by the department during a compliance review.

(3) "Violator" means an owner or operator of a motor carrier against whom a civil penalty is assessed for a safety violation.

Section 2. Penalties.

(1) For safety violations by motor carriers in intrastate commerce, the department shall apply the system of administrative penalties and procedures in 49 U.S.C.521(b) and the U.S. Department of Transportation Uniform Fine Assessment program, subject to the provisions of this administrative regulation.

(2) A violator shall be liable to the department for any civil penalty assessed.

(3) A violator who does not pay the penalty or fails to arrange and abide by an acceptable payment plan for the penalty shall not operate in intrastate commerce beginning on the 91st day after the specified payment date.

Section 3. Appeals Process.

(1) A violator may ask for review of the assessed penalty by the program coordinator. The request shall be:

(a) In writing; and

(b) Submitted within fifteen (15) days of receiving the penalty to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

(2) Following a review pursuant to subsection (1) of this section, a violator may contest a penalty by requesting an administrative hearing under KRS Chapter 13B. The request shall be:

(a) In writing; and

(b) Submitted within fifteen (15) days of the review being finalized to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.

(3) KRS 13B.010 through 13B.170 shall govern all hearings conducted under subsection (2) of this section.

(4) A violator may appeal the final order of the commissioner in accordance with KRS 13B.140 through 13B.160.

History

RELATES TO: KRS 15A.020, 281.600, 281.880, 281.883, 49 U.S.C. 521(b), 49 C.F.R. 385, 390
STATUTORY AUTHORITY: KRS 281.600, 281.880, 281.883, 49 U.S.C. 521(b), 49 C.F.R. 385, EO 2006-805
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.880(2) authorizes the department to establish a system of penalties for safety violations. EO 2006-805 transferred the authority to administer motor carrier safety laws and administrative regulations to the Department of Kentucky Vehicle Enforcement. This administrative regulation establishes administrative penalties and an appeals process for safety violations by motor carriers in intrastate commerce.
History: 33 Ky.R. 3123; Am. 3367; eff. 6-1-07; Crt eff. 2-25-2020.

Chapter 16 Elder and Vulnerable Victims Trust Fund

500 KAR 16:010 Funds disbursement from the elder and vulnerable victims trust fund {#sec-500-kar-16-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 16:010}

Section 1. Definitions.

(1) "Cabinet" means the Justice and Public Safety Cabinet as defined by KRS 15A.011(1).

(2) "Elder Abuse Committee" is defined by KRS 209.005(1).

(3) "Elder and vulnerable victim" means:

(a) A natural person sixty-five (65) years of age or older; or

(b) A natural person eighteen (18) years of age or older who, because of mental or physical dysfunction, is unable to manage his or her own resources, carry out the activities of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services.

(4) "Funded program" means any program, campaign, project, or combination thereof, proposed by an applicant for which the trust fund review panel grants an award of funds from the elder and vulnerable victims trust fund.

(5) "Trust fund review panel" means the Elder Abuse Committee, with a representative from the cabinet and a representative from the Administrative Office of the Courts.

Section 2. Funding Criteria.

(1) The trust fund review panel may disburse funds from the elder and vulnerable victims trust fund.

(2) If funds are disbursed from the elder and vulnerable victims trust fund, the trust fund review panel shall disburse said money in accordance with KRS 41.305.

(3) In accordance with KRS 41.305(6), the trust fund review panel may only disburse available money from the elder and vulnerable victims trust fund to applicants that are qualified under KRS 41.305(6) as public or private nonprofit organizations, including government organizations, that have completed the Application for Grant Funding incorporated by reference in Section 5 of this administrative regulation.

(4) The applicant shall:

(a) Complete and submit the Application for Grant Funding online at https://justice.ky.gov/Pages/index.aspx in the Grants Management Division section no later than August 1 of the state fiscal year prior to the state fiscal year in which the award funds would be disbursed. The trust fund review panel may grant an extension of time up to and including September 1 of the state fiscal year prior to the state fiscal year in which the award funds would be disbursed; and

(b) Seek funding to:

Develop or operate the programming outlined in KRS 41.305(6)(c); and
Demonstrate the ability to comply with KRS 41.305(6)(a), (b), (c)1., 2., 3., and 4.

(5) The trust fund review panel shall make its decision as to disbursement of available money based on:

(a) The requirements in KRS 41.305;

(b) An assessment of the applicant's ability to meet the purposes of KRS 41.305;

(d) If applicable, consideration of whether grant requirements were met for a previous grant, including consideration of whether the applicant properly submitted required reports as well as the content of the reports;

(e) An area of specific grant focus determined by the Elder Abuse Committee, if any; and

(f) Other factors of similar importance in assessing the strength of an application.

Section 3. Awards.

(1) The trust fund review panel shall provide written notice of its decision regarding a grant application to a grant applicant no later than January 1 of state fiscal year prior to the state fiscal year in which the award funds would be disbursed.

(2) If an award is granted to an applicant, the applicant shall execute a memorandum of agreement with the cabinet memorializing the proposed program prior to the disbursement of any funds.

(3) Disbursement of money from the elder and vulnerable victims trust fund shall occur during the state fiscal year following the approval of funding by the trust fund review panel.

(4) Denial of an award to an applicant by the trust fund review panel shall not be subject to an appeal.

Section 4. Reporting.

(1) If an application for funding is approved by the trust fund review panel and funds are disbursed to the applicant, the organization or entity who is granted the funds shall:

(a) Submit a quarterly report on the status of the funded program to the Grants Management Division (GMD) with the cabinet;

(b) Submit a follow-up report within five (5) calendar days of conclusion of the funded program to the GMD; and

(c) Submit a final report monitoring the success of the funded program within six (6) months of the conclusion of the funded project to the GMD.

(2) Any report required by this section shall be in writing and delivered to JUSIGX@ky.gov. An email shall constitute a writing for purposes of this section.

Section 5. Incorporation by Reference.

(1) "Elder and Vulnerable Victims Trust Fund, Application for Grant Funding", 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed on the Justice and Public Safety Cabinet Web site at https://justice.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS 15A.011, 41.305, 209.005, 381.280(3)
STATUTORY AUTHORITY: KRS 15A.160, 41.305, 196.035
NECESSITY, FUNCTION, AND CONFORMITY: KRS 41.305 requires the Justice and Public Safety Cabinet to administer the elder and vulnerable victims trust fund and to promulgate administrative regulations to implement operation of the fund. KRS 15A.160, 41.305, and 196.035 authorize the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary or suitable for the proper administration of the functions vested in the cabinet or any division in the cabinet. This administrative regulation defines the terms, standards, and criteria governing the disbursement of money from the fund.
History: 49 Ky.R. 1378, 1765; eff. 5-30-2023.

Chapter 20 Office of Drug Control Policy

500 KAR 20:010 Kentucky Agency for Substance Abuse Policy (KY-ASAP) start-up funding for local boards {#sec-500-kar-20-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 20:010}

Section 1. Definitions.

(1) "Kentucky Agency for Substance Abuse Policy" or "KY-ASAP" means the agency established at KRS 15A.340(1) to (3).

(2) "Local board" means the entity described at KRS 15A.344(1).

Section 2. Application Process. To receive start-up funding for a local board, an applicant shall comply with the procedures established by the Local Board Workbook.

Section 3. Start-Up Funding.

(1) In order to ensure funding is received by local boards without unnecessary delay, KY-ASAP shall pay start-up funding in two (2) lump sum payments.

(2) The lump sum payments shall be used to develop and implement the strategic plan of the local board.

(3) An initial lump sum payment may be made after the procedures in Sections 1 through 13 of the Local Board Workbook have been completed.

(4) The final lump sum payment may be made after the procedures in Section 14 of the Local Board Workbook have been completed.

(5) No more than fifty (50) percent of the total start-up funds shall be used prior to the Office of Drug Control Policy executive director's approval of the local board's strategic plan.

(6) The total amount of start-up funds awarded to a local board shall be $20,000 to the extent funds are available.

Section 4. Incorporation by Reference.

(1) "Local Board Workbook", 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Agency for Substance Abuse Policy Office, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material may also be obtained on the agency's Web site at www.odcp.ky.gov/kyasap.

History

RELATES TO: KRS 15A.340, 15A.342, 15A.344, 222.211, 248.723
STATUTORY AUTHORITY: KRS 15A.342(19)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.344 requires KY-ASAP to establish local advisory and coordination boards for tobacco addiction and alcohol and substance abuse prevention, cessation, and treatment. KRS 15A.342 requires the Office of Drug Control Policy and KY-ASAP to promulgate administrative regulations necessary to carry out KRS 15A.340 and 15A.344. This administrative regulation establishes procedures for local boards to receive start-up funding.
History: 37 Ky.R. 1598; eff. 5-6-2011; Crt eff. 2-20-2020.

500 KAR 20:020 Kentucky Agency for Substance Abuse Policy (KY-ASAP) on-going funding for local boards and reporting requirements {#sec-500-kar-20-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 20:020}

Section 1. Definitions.

(1) "Good standing" means having completed and provided both semiannual reports according to the requirements established in Section 4 of this administrative regulation.

(2) "Kentucky Agency for Substance Abuse Policy" or "KY-ASAP" means the agency established at KRS 15A.340(1) to (3).

(3) "Local board" means that entity described at KRS 15A.344(1).

(4) "Ongoing funds" means dollars distributed from KY-ASAP for the purpose of supporting the strategic plans of local boards.

Section 2. Ongoing Funding Application Process and Review.

(1) To request ongoing funding, a local board shall:

(a) Complete an application by the deadline during each funding period through:

The Justice and Public Safety Cabinet's Electronic Grants Management System; or
Other application process as directed by KY-ASAP; and

(b) Be in good standing.

(2) Awards of ongoing funding shall be:

(a) Contingent on available funding; and

(b) Proportionate based upon the number of counties in a local board.

(3) Factors used to evaluate the requests for ongoing funding shall include:

(a) Compliance with the frequency of meetings established in the local board's bylaws;

(b) Compliance with applicable Kentucky Revised Statutes and Administrative Regulations;

(d) Relation of spending proposal to local board's strategic plan;

(e) Fiscal responsibility in handling funds from previous allocations of funds from KY-ASAP;

(f) Effectiveness of the local board in its community; and

(g) Performance of local board in using previously requested funds in the manner for which the funds were requested.

(4) If KY-ASAP approves the funding, they shall notify:

(a) The fiscal agent of the local board;

(b) The chair of the local board; and

(5) If funding is awarded, KY-ASAP and the fiscal agent of the local board shall execute a contract in compliance with KRS Chapter 45A, to the extent funds are available.

Section 3. Continuing Obligations of Local Boards.

(1) A local board shall comply with the continuing requirements after start-up contained in the Local Board Workbook incorporated by reference in 500 KAR 20:010.

(2) A local board shall provide to KY-ASAP within ten days a revised copy of the document if it makes a revision in any of the following documents:

(a) Mission/vision statement;

(b) Existing strategy;

(d) Decision making process;

(e) Bylaws;

(f) Conflict resolution policy;

(g) Recruitment plan;

(h) Needs and resource assessment; and

(i) Strategic plan.

(3) A local board shall notify KY-ASAP within ten days in writing of changes in local board membership.

Section 4. Local Board Reports.

(1) A local board shall report in writing semiannually to KY-ASAP on the following dates:

(a) January 15; and

(b) July 15.

(2) Each local board shall include the following information in the semiannual report required by KRS 15A.344(2):

(a) Information regarding the effectiveness, efficiency, and efforts of the program, as required by KRS 15A.344(2);

(b) Detail of expenditures made during the reporting period;

(d) Recommendations for increased or decreased funding; as required by KRS 15A.344(2); and

(e) Changes in local board membership.

(3) KY-ASAP shall provide a copy of each semiannual report to the KY-ASAP State Board.

(4) All notices and documents provided to KY-ASAP shall be provided to the Office of Drug Control Policy at 125 Holmes Street, Frankfort, Kentucky 40601.

(5) If a local board fails to submit the required reports to KY-ASAP:

(a) The Executive Director of the Office of Drug Control Policy shall notify the local board's fiscal agent and chair, by certified letter, of the noncompliance, stating the reasons therefore;

(b) The local board may, within forty-five (45) days of the date of notice, submit a plan of corrective action to the executive director;

(c) The executive director shall, within thirty (30) days of receipt of a plan of corrective action, respond, in writing; and

(d) If the executive director determines that the proposed plan fails to meet the requirements of this administrative regulation, the executive director shall:

Present to the KY-ASAP State Board at its next scheduled meeting, the finding of noncompliance and the reasons therefore, accompanied by documentation supporting the decision; and
Take action to abolish the local board.

(6) A local board found in noncompliance, and whose proposed corrective plan is rejected, shall return or reimburse KY-ASAP the amount of funds received during the period of noncompliance, in accordance with the contract executed between the fiscal agent of the local board and the Justice and Public Safety Cabinet, Office of Drug Control Policy, Kentucky Agency for Substance Abuse Policy.

(7) A local board aggrieved by a finding of noncompliance may appeal pursuant to KRS Chapter 13B.

History

RELATES TO: KRS 15A.340, 15A.342, 15A.344, 222.211, 248.723
STATUTORY AUTHORITY: KRS 15A.342(19)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.344 requires KY-ASAP to establish local advisory and coordination boards for tobacco addiction and alcohol and substance abuse prevention, cessation, and treatment. KRS 15A.342 requires the Office of Drug Control Policy and KY-ASAP to promulgate administrative regulations necessary to carry out KRS 15A.340 and 15A.344. This administrative regulation establishes procedures for local boards to receive ongoing funding and establishes reporting requirements for the boards.
History: 37 Ky.R. 1600; eff. 5-6-2011; Crt eff. 2-20-2020.

Title 500 KAR — Justice and Public Safety Cabinet

Chapter 1 Peace Officer Death Benefits

500 KAR 1:010 Definitions for 500 KAR Chapter 1 {#sec-500-kar-1-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:010}

500 KAR 1:021 Filing and processing of death benefit claims {#sec-500-kar-1-021 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:021}

500 KAR 1:030 Request for hearing {#sec-500-kar-1-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 1:030}

Chapter 2 Special Law Enforcement Officers

500 KAR 2:020 Filing and processing SLEO commissions {#sec-500-kar-2-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 2:020}

Chapter 3 Special Local Peace Officers

500 KAR 3:010 Definitions {#sec-500-kar-3-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 3:010}

500 KAR 3:020 Filing and processing SLPO commissions {#sec-500-kar-3-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 3:020}

Chapter 7 Local Alternatives to Detention Fund

500 KAR 7:020 Local alternatives to detention fund {#sec-500-kar-7-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 7:020}

Chapter 8 Breath Analysis Operators

500 KAR 8:010 Certification of breath alcohol analysis instrument operators {#sec-500-kar-8-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:010}

500 KAR 8:020 Breath alcohol analysis instruments {#sec-500-kar-8-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:020}

500 KAR 8:030 Administration of breath alcohol tests and chemical analysis tests {#sec-500-kar-8-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 8:030}

Chapter 10 Kentucky Community Corrections Grant Program

500 KAR 10:001 Definitions for 500 KAR Chapter 10 {#sec-500-kar-10-001 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:001}

500 KAR 10:020 Administration and application procedure for community corrections grant program {#sec-500-kar-10-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:020}

500 KAR 10:030 Community Corrections Board and grant recipient requirements {#sec-500-kar-10-030 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:030}

500 KAR 10:040 Program review {#sec-500-kar-10-040 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:040}

500 KAR 10:050 Prison Industry Enhancement Certification Program {#sec-500-kar-10-050 omnilex-key=us-ky-regs-official--title-500--500 KAR 10:050}

Chapter 12 Office of Medical Examiner

500 KAR 12:010 Duplicate records request fee schedule {#sec-500-kar-12-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 12:010}

Chapter 13 Abuse Investigation

500 KAR 13:020 Internal Investigations Branch {#sec-500-kar-13-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 13:020}

Chapter 14 Kentucky Vehicle Enforcement

500 KAR 14:010 Motor carrier safety requirements {#sec-500-kar-14-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 14:010}

500 KAR 14:020 Administrative penalties and appeals process for motor carrier safety violations {#sec-500-kar-14-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 14:020}

Chapter 16 Elder and Vulnerable Victims Trust Fund

500 KAR 16:010 Funds disbursement from the elder and vulnerable victims trust fund {#sec-500-kar-16-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 16:010}

Chapter 20 Office of Drug Control Policy

500 KAR 20:010 Kentucky Agency for Substance Abuse Policy (KY-ASAP) start-up funding for local boards {#sec-500-kar-20-010 omnilex-key=us-ky-regs-official--title-500--500 KAR 20:010}

500 KAR 20:020 Kentucky Agency for Substance Abuse Policy (KY-ASAP) on-going funding for local boards and reporting requirements {#sec-500-kar-20-020 omnilex-key=us-ky-regs-official--title-500--500 KAR 20:020}

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