787 KAR | Title 787 KAR — Education and Workforce Development Cabinet - Department for Employment Services

Chapter 1 Unemployment Insurance

787 KAR 1:010 Application for employer account; reports {#sec-787-kar-1-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:010}

Section 1. Each employing unit that has met one (1) or more of the requirements for coverage set forth in KRS 341.070 or KRS 336.248 shall use the Unemployment Insurance Self-Service Web Portal located at https://kewes.ky.gov to complete and electronically file with the Office of Unemployment Insurance an Application for Unemployment Insurance Employer Reserve Account UI-1 no later than the last day of the calendar quarter in which the coverage requirements are first met.

Section 2. Each employing unit shall use the Unemployment Insurance Self-Service Web Portal located at https://kewes.ky.gov to complete and electronically file with the Office of Unemployment Insurance the following electronic reports as required in accordance with the instructions contained on Unemployment Insurance Self-Service Web Portal:

(1) UI-1P, Professional Employer Organization Application for Unemployment Insurance Employer Reserve Account;

(2) UI-1S, Supplemental Application for Unemployment Insurance Employer Reserve Account;

(3) UI-3.2, Account Status Information; and

(4) UI-21, Report of Change in Ownership or Discontinuance of Business in Whole or Part.

Section 3. Each employing unit shall complete and file with the Office of Unemployment Insurance the following reports as required in accordance with the instructions contained on the forms:

(1) UI-3, Employer's Quarterly Unemployment Wage and Tax Report;

(2) UI-74, Application for Partial Payment Agreement;

(3) UI-203, Overpayment and Fraud Detection; and

(4) UI-412A, Notice to Employer of Claim for Unemployment Insurance Benefits.

Section 4. If an employing unit elects to submit the information required in any report listed in Section 3 of this administrative regulation through the Web site at https://kewes.ky.gov provided by the Office of Unemployment Insurance for that purpose, the requirement for the filing of that report shall have been satisfied.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) UI-1, "Application for Unemployment Insurance Employer Reserve Account", Rev. 2021;

(b) UI-1P, "Professional Employer Organization Application for Unemployment Insurance Employer Reserve Account", Rev. 2024;

(d) UI-3, "Employer's Quarterly Unemployment Wage and Tax Report", Rev. 11/20;

(e) UI-3.2, "Account Status Information", Rev. 2021;

(f) UI-21, "Report of Change in Ownership or Discontinuance of Business in Whole or Part", Rev. 2021;

(g) UI-74, "Application for Partial Payment Agreement", Rev. 5/11;

(h) UI-203, "Overpayment and Fraud Detection", Rev. 01/2021; and

(i) UI-412A, "Notice to Employer of Claim for Unemployment Insurance Benefits", Rev. 09/18.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Director of Unemployment Insurance, Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is also available on the office's Web site at https://kcc.ky.gov/Pages/Reports-and-forms.aspx.

History

RELATES TO: KRS 336.248, 341.070, 341.190, 341.243, 341.250, 341.262
STATUTORY AUTHORITY: KRS 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations for the proper administration of KRS Chapter 341. KRS 341.190(2) requires each employing unit to keep specified work records and authorizes the secretary to require additional reports. This administrative regulation establishes the application requirements for an employer account and the requirements for other additional reports required by the office.
History: 22 Ky.R. 452; eff. 11-6-1995; 26 Ky.R. 1856; 2240; eff. 6-12-2000; 31 Ky.R. 1898; 32 Ky.R. 77; eff. 8-5-2005; 38 Ky.R. 323; 763; eff. 11-4-2011; 39 Ky.R. 2400; eff. 9-6-2013; 45 Ky.R. 1087, 1528; eff. 1-4-2019; 48 Ky.R. 578, 1531; eff. 2-1-2022; 51 Ky.R. 994, 1453; eff. 5-6-2025.

787 KAR 1:020 Change of status; discontinuance of business {#sec-787-kar-1-020 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:020}

Section 1. A subject employer shall notify the Office of Unemployment Insurance within fifteen (15) days of any change in ownership or control of his or her business, whether in whole or in part, or of the discontinuance of the business by submitting an electronic UI-21, Report of Change in Ownership or Discontinuance of Business in Whole or in Part as incorporated by reference in 787 KAR 1:010, and submitted via the Unemployment Insurance Self Service Web Portal located at https://kewes.ky.gov.

History

RELATES TO: KRS 341.070, 341.115, 341.190(2)
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.190(2) requires each employing unit to keep specified working records and authorizes the secretary to require additional reports. This administrative regulation establishes the requirement for subject employers to notify the office of any change of ownership or control of their business.
History: 22 Ky.R. 454; eff. 11-6-95; 33 Ky.R. 2163; 3178; eff. 5-4-2007; 48 Ky.R. 579, 1531; eff. 2-1-2022.

787 KAR 1:030 Employer contributions {#sec-787-kar-1-030 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:030}

Section 1.

(1) The initial due date for payment of contributions by an employing unit shall be the last day of the month following the close of the calendar quarter during which the employing unit first becomes a subject employer.

(2) Except as provided in Section 2 of this administrative regulation, the due date for contributions shall be the last day of the month following the calendar quarter for which they are payable.

Section 2. The due date for subsequent payment of contributions shall be:

(1) Extended if:

(a) A subject employer has erroneously paid contributions due under KRS Chapter 341 to another state or federal agency; or

(b) An authorized representative of the division has misinformed an employer as to his liability or erroneously determined an employer's status on the basis of correct reports furnished to the division by the employer or his representative; and

(2) The 20th day following the mailing date of the first notice issued to the employer advising him of any amount due the division.

Section 3. A contribution shall be considered paid as of the date on which it is received by the Office of Unemployment Insurance as established in 787 KAR 1:230.

History

RELATES TO: KRS 341.260, 341.300
STATUTORY AUTHORITY: KRS 151B.020, 341.115, 341.260(1), 341.300(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341, KRS 341.260(1) and 341.300(1) require the secretary to promulgate administrative regulations establishing the due dates for employer contribution payments. This administrative regulation establishes the due dates upon which employer contributions shall be payable to the division.
History: 22 Ky.R. 455; 908; eff. 11-6-95; 33 Ky.R. 2165; 3178; eff. 5-4-2007; Crt eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:040 Posting notice to employees {#sec-787-kar-1-040 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:040}

Section 1. The Office of Unemployment Insurance shall promptly notify an employing unit of any determination as to its liability as a subject employer.

Section 2. The office shall furnish each subject employer with posters (UI-5.1) informing the workers that the employer is a subject employer under the Kentucky Unemployment Insurance Law and of their potential rights to claim benefit payments for weeks of partial unemployment. The employer shall post and maintain the posters at conspicuous places on the premises at which his payroll records are maintained.

History

RELATES TO: KRS 341.115
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation requires the office to promptly notify an employing unit of its liability and to furnish employers with posters informing employees of their unemployment insurance rights.
History: 22 Ky.R. 456; eff. 11-6-1995; Crt eff. 2-24-2020; TAm eff. 11-10-2022.

Section 1. Each worker engaged in covered employment for a subject employer shall procure a Federal Social Security Account Number and report that number to every subject employer for whom the worker is engaged in covered employment.

Section 2. If a worker engaged in covered employment for a subject employer does not have a Federal Social Security Account Number, the worker shall file an application for it not later than three (3) days after the first day on which the worker is engaged in covered employment for a subject employer. An employer shall procure the appropriate form for application for a Social Security Account Number from the federal government and shall furnish the application form to each worker engaged in covered employment in his employ who does not have a number.

History

RELATES TO: KRS 341.115, 341.190
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. This administrative regulation establishes the requirement that each worker engaged in covered employment secure a Federal Social Security Account Number and report the number to the employing unit.
History: 22 Ky.R. 457; eff. 11-6-95; 33 Ky.R. 2172; 3179; eff. 5-4-2007; Crt eff. 2-24-2020.

787 KAR 1:060 Separation for cause; reports {#sec-787-kar-1-060 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:060}

Section 1. Notice to Employers.

(1) If an initial claim for benefits is filed by a claimant or if a reopened claim for benefits is filed by a claimant who has been employed since last claiming benefits, the Office of Unemployment Insurance shall immediately notify the claimant's most recent employer in writing of the filing.

(2) If the claimant has worked for his or her most recent employer for less than ten (10) weeks, the office shall also notify his or her next most recent employer in writing of the claim filing.

(3) If the claimant did not work for either his or her most recent or next most recent employer for at least ten (10) weeks each, the most recent employer for whom the claimant worked for at least ten (10) weeks each shall be notified in writing of the filing.

Section 2. If the claimant was separated from any notified employer's employ for a reason other than lack of work, the employer shall notify the office at its central office in writing of the reason for separation, within the time frame specified in the notice provided pursuant to Section 1 of this administrative regulation. The employer may use the UI-412A, incorporated by reference in 787 KAR 1:010, to provide this notification to the office or by providing notice at https://uidataexchange.org/sew-s/views/login.

History

RELATES TO: KRS 341.190, 341.360, 341.370, 341.530
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115(1), 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. This administrative regulation establishes requirements for employer notification of a claim for benefits, and information the employer shall provide to the Office of Unemployment Insurance.
History: 22 Ky.R. 459; Am. 908; eff. 11-6-95; 32 Ky.R. 541; 870; eff. 12-2-2005; 33 Ky.R. 2173; 3179; eff. 5-4-2007; 48 Ky.R. 581, 1532; eff. 2-1-2022.

787 KAR 1:070 Reasonable time for protesting claim {#sec-787-kar-1-070 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:070}

Section 1.

(1) Except as provided in Section 2 of this administrative regulation, the reasonable time referred to in KRS 341.370(3) or 341.530(3) shall not extend beyond the following:

(a) If the employer submits by paper, documentation of the protest shall be received within ten (10) days after the date of the first notice to the employer from the office that a claim has been filed; or

(b) If the employer submits electronically, documentation of the protest shall be received within twelve (12) days of the first notice to the employer from the office that a claim has been filed.

(2) In computing the protest deadline in Section 1(1):

(a) The day following the date of mailing of the notice shall be considered the first day; and

(b) The date the employer's return notice is received by the office shall be determined as provided in 787 KAR 1:230.

Section 2.

(1) If the employer is not the worker's most recent employer and has not received Form UI-412A as provided in 787 KAR 1:060, the reasonable time referred to in KRS 341.530(3) shall not extend beyond the following:

(b) If the employer submits electronically, documentation of the protest shall be received within twelve (12) days of the first notice to the employer from the that a claim office has been filed.

(2) In computing the protest deadline in subsection (1) of this section:

(a) The day following the date of mailing of the notice shall be considered the first day; and

(b) The date the employer's return notice is received by the office shall be determined as provided in 787 KAR 1:230.

History

RELATES TO: KRS 341.370(3), 341.530(3)
STATUTORY AUTHORITY: KRS 151B.020, 341.115, 341.370(3), 341.530(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.370(3) and 341.530(3) require the secretary to promulgate administrative regulations establishing what constitutes reasonable time within which an employer shall protest a claim by a former worker. This administrative regulation establishes the requirements for determining reasonable time.
History: 22 Ky.R. 460; 909; eff. 11-6-1995; 33 Ky.R. 2174; 3179; eff. 5-4-2007; 37 Ky.R. 2994; eff. 9-2-2011; 44 Ky.R. 934; eff. 12-1-2017; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:080 Labor dispute or strike; notification {#sec-787-kar-1-080 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:080}

Section 1.

(1) If an initial claim for benefits or a reopened claim for benefits is filed by a claimant, the Office of Unemployment Insurance shall immediately notify the claimant's most recent employer of the filing.

(2) If the claimant is unemployed because of a strike or other bona fide labor dispute, the employer, in addition to the notice required under KRS 341.360(1), shall:

(a) Indicate on form UI-412A, incorporated by reference in 787 KAR 1:010, the reason for the claimant's unemployment; and

(b) Return the form to the office within ten (10) days after the date appearing on the form as the date of mailing.

(3) In computing the ten (10) day period:

(a) The day following the date of mailing of the notice shall be considered the first day; and

(b) if the tenth day falls on a day during which the office is closed, the next day thereafter on which the office is open shall be considered the tenth day.

Section 2. Within ten (10) days after the termination of an alleged strike or labor dispute, the employer shall notify the office in writing of the termination. In computing the ten (10) day period:

(1) The day following the termination of the alleged strike or labor dispute shall be considered the first day; and

(2) If the tenth day falls on a day during which the office is closed, the next day thereafter on which the office is open shall be considered the tenth day.

History

RELATES TO: KRS 341.360
STATUTORY AUTHORITY: KRS 336.015, 336.050 , 341.115, 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. This administrative regulation establishes reporting requirements for an employer to notify the office when a labor dispute or strike begins and ends.
History: 22 Ky.R. 461; eff. 11-6-1995; 33 Ky.R. 2176; 3180; eff. 5-4-2007; 48 Ky.R. 582; eff. 2-1-2022.

787 KAR 1:090 Unemployed worker's reporting requirements {#sec-787-kar-1-090 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:090}

Section 1. Registration for Work.

(1) An unemployed worker shall be registered for work with a state employment service before he or she is eligible to receive benefits. A registration shall be considered filed if the unemployed worker completes the registration process.

(2) When an unemployed worker completes an initial application for benefits or reopens a claim, he or she shall be assigned a group classification code A or B based upon his or her reemployment prospects. The classification codes described below are solely related to reemployment prospects and not to any classification codes used to identify a claimant's duration of benefits, as detailed in KRS 341.385.

(a) Group A shall consist of any worker who is unemployed and is not subject to definite recall within a period of sixteen (16) weeks from the date of filing of the initial or reopened claim.

(b) Group B shall include any worker who is:

Unemployed and has definite return prospects with his or her last employer within a period of sixteen (16) weeks from the date of filing of the initial or reopened claim;
Unemployed because of a labor dispute in the establishment where he or she has been employed; or
A member of a union which shall be responsible for securing future employment.

(3) During any benefit year, an unemployed worker shall be assigned a different group classification code if review of his or her reemployment prospects reveals that a different classification is appropriate.

(4) The completion of an initial application for benefits shall serve as work registration for any group "B" unemployed worker.

Section 2. Initial or Reopened Claims for Benefits.

(1) For an unemployed worker to file an initial or reopened claim for benefits, he or she shall complete the Initial Claim process by using:

(a) An internet claim registration through the Web site provided by the agency for that purpose at uiclaimsportal.ky.gov;

(b) A telephone claim registration through the call center provided by the agency for that purpose; or

(c) An in person claim registration by reporting to a state employment service office that provides unemployment insurance assistance.

(2) If any issues regarding the unemployed worker's eligibility as provided by KRS 341.350 or a potentially disqualifying circumstance as provided by KRS 341.360 or 341.370 are detected, a fact finding investigation shall be conducted during which the unemployed worker shall:

(a) Provide picture identification and valid proof of the worker's Social Security number from the Social Security Administration; and

(b) Present all facts in support of the application.

(3) The initial or reopened claim shall be dated as of the first day of the week in which the unemployed worker completes the procedure established in subsection (1) of this section.

(4) Upon the presentation by the unemployed worker of reasons found to constitute good cause for failure to file at an earlier date, the secretary shall backdate the initial or reopened claim to the first day of the week in which the worker became unemployed, or the second calendar week preceding the date the worker filed, whichever is later. Examples of good cause may include illness, availability issues beyond the claimant's control, or lack of access to internet or phone necessary for claim filing.

(5) An unemployed worker whose unemployment insurance benefit check has been lost or stolen shall notify the office in writing.

Section 3. Claiming Weeks of Benefits.

(1) Once an unemployed worker has filed an initial claim and established a benefit year, the unemployed worker shall claim his or her benefits on a biweekly basis by one (1) of the methods and within the time frames established in subsection (2) of this section.

(a) The unemployed worker shall claim either one (1) or both of the weeks of benefits.

(b) Except as provided in paragraph (e) of this subsection, for every two (2) week period of benefits being claimed following the effective date of the initial or reopened claim, the unemployed worker shall claim his or her benefits during the calendar week following the second week of the period.

(c) For each week an unemployed worker claims benefits, the worker shall certify under penalty of perjury that he or she engaged in at least five (5) work search activities, at least three (3) of which shall consist of submitting an application for employment, or interviewing for employment. Work search activities include any of the following:

Formally submitting an application for employment online or in person;
Interviewing for employment virtually, in person, or online;
Job shadowing;
Attending a job fair or networking event hosted by state or local government or a business organization;
Participating in a job search skills workshop or seminar; or
Participating in official Kentucky Career Center or partner programs related to employment or the search for employment.

(d) For each claimed work search activity, the unemployed worker shall have documentation verifying he or she engaged in the work search activity and shall preserve that documentation for one (1) full year after each weekly claim for benefits was submitted for auditing purposes. All claimed work search activities are subject to random audit by the Office of Unemployment Insurance.

(e) An otherwise eligible worker shall not be denied benefits under KRS 341.350(5), or because of a failure to actively seek work under paragraph (c) of this subsection, or disqualified under KRS 341.370(1)(a) under the following circumstances:

For any week a claimant provides verifiable enrollment in an approved job training or certification program listed on the current eligible training provider list, which can be found on the Kentucky Career Center website under the Training – Providers tab, and certifies making satisfactory progress in the program; or,
If a claimant provides verifiable definite return-to-work or recall-to-work prospects from his or her employer, either by an employer filed mass electronic claim or by submitting a written notice from the employer within a period of sixteen (16) weeks from the date of filing of the initial or reopened claim.

(f) Upon the presentation by the unemployed worker of reasons the secretary finds to be good cause for the failure of the worker to claim his or her benefits during the prescribed week, the secretary shall allow the worker to claim benefits for the two (2) calendar weeks preceding the date on which the worker claimed his or her benefits. In this case the worker shall next be eligible to claim benefits for the two (2) calendar weeks following the weeks of benefits claimed late. Examples of good cause may include illness, availability issues beyond the claimant's control, lack of access to internet or phone necessary for claim filing, or unemployment insurance system outages.

(2) Except as provided in subsection (3) of this section, the unemployed worker shall complete a claim for benefits:

(a) Through the Web site provided by the agency for that purpose at uiclaimsportal.ky.gov, with the claim completed before 7 p.m. Eastern Time on the Friday of the calendar week following the second week of the period claimed; or

(b) By telephone through the interactive voice response system provided by the agency for that purpose, with the claim completed between the hours of 10 a.m. and 9 p.m. Eastern Time on the Sunday, or between the hours of 7 a.m. and 7 p.m. Eastern Time on the Monday through the Friday of the calendar week following the second week of the period claimed.

(3)

(a) The secretary shall direct an unemployed worker to claim benefits by mail if it is not possible for the worker to claim by either option provided in subsection (2) of this section due to:

Unavailability of those options for the type of benefits claimed;
Unavailability of those options due to technical problems; or
A physical or mental condition preventing the worker from using those options.

(b) A continued claim shall cover the week or weeks indicated on the Continued Claim Form.

(c) Any claim filed by mail shall be considered filed on the day it is deposited in the mail and postmarked as established in 787 KAR 1:230, Section 1(2).

(d) The provisions of this administrative regulation governing the dating and backdating of a continued claim shall also apply to a claim filed by mail. If the claim is not filed within the prescribed time, it shall not be allowed.

Section 4. Employer Filed Claims.

(1) An employer may file a claim on behalf of an unemployed worker if:

(a) The worker has definite recall rights within four (4) calendar weeks;

(b) The employer has a workforce of at least 100 workers at the time of the layoff;

(c) The employer submits the claim information in the required electronic format using the Directions for Submitting an Employer Mass Electronic Claim (E-claim) File and the E-claim – Template; and

(d) Prior to the first time an employer files a claim on behalf of a worker, the employer submits a test sample of claim information and receives confirmation from the Office of Unemployment Insurance that the information is in the required format prior to the date the period of unemployment will begin.

(2) The effective date of an employer filed claim shall be the first day of the week in which the period of unemployment began.

(3) An unemployed worker who does not file a continued claim for benefits established under an employer filed claim may file a new initial claim within the period of one (1) year from the effective date of the employer filed claim.

Section 5. Eligibility Review. The secretary may require an unemployed worker claiming benefits to report for the purpose of continued benefit eligibility review as a condition for payment of benefits. The requirement and interval for eligibility review shall be determined by:

(1) The worker's classification as established in Section 1(2) of this administrative regulation;

(2) The worker's individual employment and earning history; and

(3) The local labor market.

Section 6.

(1) The secretary shall notify an unemployed worker if the secretary determines that the unemployed worker failed to file a claim for benefits or register for work within the specified time due to:

(a) The employer's failure to comply with 787 KAR Chapter 1;

(b) Coercion or intimidation exercised by the employer to prevent the prompt filing of a claim; or

(2)

(a) Except as provided in paragraph (b) of this subsection, an unemployed worker shall have fourteen (14) days after receipt of the notification required by subsection (1) of this section from the secretary within which to file a claim.

(b) A claim shall not be filed later than thirteen (13) weeks subsequent to the end of the actual or potential benefit year involved.

Section 7. The secretary shall conduct random audits of claims. Each random audit shall include one (1) or more of the eligibility requirements provided by KRS 341.350.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Directions for Submitting an Employer Mass Electronic Claim (E-claim) File, 03/20;

(b) E-Claim – Template, 03/20; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Director of the Office of Unemployment Insurance, Mayo-Underwood Building, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available on the office's Web site at https://kcc.ky.gov/Pages/Reports-and-forms.aspx.

History

RELATES TO: KRS 341.350, 341.360, 341.370, 341.380
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115(1), 341.350(11)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. KRS 341.350(11) requires the secretary to promulgate administrative regulations related to work search activities required for benefit eligibility. This administrative regulation establishes the registration and reporting requirements that an unemployed worker is required to meet to draw benefits, the date when a claim shall be valid, the length of time a claim may be backdated, the procedures for electronic, telephone, and mail claims, and the requirement for random audits.
History: 22 Ky.R. 463; Am. 909; eff. 11-6-1995; 30 Ky.R. 702; 1244; eff. 12-5-2003; 33 Ky.R. 2177; 3180; eff. 5-4-2007; 34 Ky.R. 1205; 1736; eff. 2-1-2008; 35 Ky.R. 1587; 2058; eff. 4-3-2009; 37 Ky.R. 814; 1196; eff. 12-3-2010; 37 Ky.R. 2996; 38 Ky.R. 595; eff. 10-7-2011; 40 Ky.R. 442; 809; eff. 10-23-2013; 48 Ky.R. 584, 1532; eff. 2-1-2022; TAm eff. 11-10-2022; 49 Ky.R. 1672, 2096; eff. 8-1-2023.

787 KAR 1:100 Week of unemployment defined {#sec-787-kar-1-100 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:100}

Section 1. Except for any week a worker received shared work benefits in accordance with KRS 341.4161 to 341.4173, a week of unemployment shall be a calendar week of seven (7) consecutive calendar days beginning 12:01 a.m. on Sunday and ending 12 midnight the following Saturday. A week of unemployment beginning in a benefit year shall be deemed to be wholly in that benefit year.

History

RELATES TO: KRS 341.080
STATUTORY AUTHORITY: KRS 341.080(3), 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.080(3) authorizes the cabinet to prescribe by administrative regulation the period of time which shall constitute a week of unemployment for the purpose of administering the Unemployment Insurance Program in accordance with KRS Chapter 341. This administrative regulation establishes an exception to the definition of week of unemployment.
History: 22 Ky.R. 465; Am. 910; eff. 11-6-1995; Cert eff. 2-24-2020; 49 Ky.R. 1675, 2097; eff. 8-1-2023.

787 KAR 1:110 Appeals {#sec-787-kar-1-110 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:110}

Section 1. Definition. "Interested party" means a claimant or employer identified in a notice of determination.

Section 2. Appeals to Referee.

(1) The presentation of an appeal to a referee.

(a) Any interested party wishing to appeal to a referee from a determination issued pursuant to KRS 131.570(1) or 341.420(2) shall file with the Office of Unemployment Insurance or its authorized representative a written statement clearly indicating the party's intention to appeal within the time limits prescribed by KRS 131.570(1) or 341.420(2).

(b) An appeal to a referee shall be considered filed as of the date it is received by the office as established in 787 KAR 1:230.

(2) Notification of hearings.

(a) Except as provided in paragraph (b) or (c) of this subsection, the Office of Unemployment Insurance shall schedule all hearings promptly and shall mail notices to the parties specifying the date, time, and place of the hearing at least ten (10) days prior to the hearing date.

(b) The referee may conduct a hearing without ten (10) days' notice if the parties to the hearing agree to waive the notice of hearing.

(c) Any party to a hearing may request that the hearing be rescheduled. The office shall reschedule the hearing upon presentation by a party of good cause. Examples of good cause for rescheduling shall include:

A claimant's inability to attend the hearing due to current employment;
Medical emergency;
Death of a family member; or
Acts of God.

(3) Disqualification of referees.

(a) A referee shall not participate in the hearing of an appeal in which the referee has an interest.

(b) Challenges to the interest of any referee shall be heard and decided by the commission.

(4)

(a) Hearing of appeals.

The claimant and any other party to the appeal may present evidence as may be pertinent and may question the opposite party and witnesses.
The referee shall, if necessary to secure full information on the issues, examine each party who appears and witnesses.
The referee may take any additional evidence that is necessary.
If additional evidence is taken, all interested parties shall be afforded an opportunity of examining and refuting the evidence.

(b)

The parties to an appeal, with the consent of the referee, may stipulate the facts involved, in writing.
The referee shall:

a. Decide the appeal on the basis of the stipulation; or

b. Schedule a hearing and take further evidence.

(c) Except as provided in paragraph (d) of this subsection, the hearing shall be scheduled in-person or via teleconference in order to provide the earliest possible hearing date.

(d) The hearing shall be scheduled via teleconference if an in-person hearing would:

Create undue expense for any party;
Require any party to travel more than fifty (50) miles;
Put either party or the referee at personal risk; or
Create a security risk for the public or office staff.

(e) The referee may grant a continuance of a hearing in order to secure necessary evidence.

(f)

Parties to a teleconference hearing who wish to introduce documents or written materials into the record at the referee hearing shall provide copies of the documents to the referee and the opposing party prior to the hearing.
Failure to provide both the referee and the opposing party with copies of the evidence shall result in its being excluded from the record.

(5) Decisions.

(a)

After the hearing is concluded, the referee shall set forth in writing the referee's finding of facts on the issues involved, the decision, and the reasons for the decision.
If the appellant fails to appear and prosecute an appeal, the referee shall summarily affirm the determination.

(b) Copies of the decision shall be mailed to the claimant and other parties to the appeal, and a copy shall be retained in the office's files.

(c)

The recording of the hearing shall be retained in the office's files pending further appeal.
If an appeal is not initiated, the recording may be deleted ninety (90) days from the date the final administrative decision is mailed.

(d)

Any referee decision may be superseded and amended after being released in order to correct obvious technical errors or omissions.
The corrected decision shall have the same appeal rights as the decision that it amends or corrects.

(e) If the decision is to deny previously awarded benefits either retroactively or forthwith, a stop payment directive shall be issued to the office by the referee on the date the decision is mailed to the claimant.

Section 3. Appeals to the Commission From a Referee Decision.

(1) Presentation of an appeal to the commission.

(a)

Any interested party wishing to appeal to the commission from a decision of a referee shall give notice in writing to the commission, the office, or the office's authorized representative in any form that clearly indicates the party's intention to appeal.
The appeal shall be mailed by the office to other interested parties.

(b) An appeal, based on the conformity of the appeal with the requirements of KRS 341.420(4), shall be considered initiated and filed as of the date it is received by the office as established in 787 KAR 1:230.

Grant or deny the application for leave to appeal without a hearing; or
Notify the parties to appear at a specified place and time for appeal on the application.

(2) Hearing of appeals.

(a)

Except if the commission orders cases removed to it from a referee, all appeals to the commission shall be heard upon the records of the office and the evidence and exhibits introduced before the referee.
In the hearing of an appeal on the record, the parties may present written arguments and present oral arguments.

a. The party presenting an appeal to the commission (appellant) shall have ten (10) days from the date of mailing of the commission's notification of appeal receipt within which to file a written argument.

b. The appellee shall have seven (7) days thereafter within which to file response.

Written argument shall be considered filed as of the date it is received by the office as established in 787 KAR 1:230.
The commission may extend the time for filing written argument upon a showing of good cause, in accordance with the examples listed in Section 4(2)(c)1. through 4. of this administrative regulation. by either party to the appeal.

(b)

The commission may direct the taking of additional evidence before it, if needed, in order to determine the appeal.
If additional evidence is necessary to determine the appeal, the parties shall be notified of the time and place the evidence shall be taken at least seven (7) days prior to the date on which the evidence will be taken.

(c)

The commission may return any case or issue to a referee for the taking of additional evidence.
The referee shall take the testimony in the manner prescribed for the hearing of appeals before referees and shall return the record to the commission for its decision.

(3) Any case ordered by the commission to be removed to it from a referee shall be heard and decided by the commission in the manner prescribed in Section 4 of this administrative regulation.

(4) The determination of appeals before the commission.

(a)

Following the conclusion of a hearing, the commission shall issue a written decision, which shall affirm the decision of the referee or present a separate finding of facts, decision, and reasons.
The decision shall be signed by members of the commission who heard the appeal.

a. The commission may designate a decision a precedent for future cases of similar circumstance if the decision:

(i) Is a matter of first impression;

(ii) Clarifies or defines the application of statutory language;

(iii) Reverses a previous precedential commission decision; or

(iv) Adopts a court decision.

b. A decision designated a precedent shall be binding on all lower levels of determination.

(b)

If a decision of the commission is not unanimous, the decision of the majority shall control.
The minority may file a dissent from the decision of the majority setting forth the reasons why it fails to agree with the majority.

(d) Ninety (90) days after the administrative remedies have been exhausted, the commission may delete the recording of the hearing under review unless the commission has previously been served with summons and complaint pursuant to KRS 341.450.

(5) Reconsideration.

(a) A party adversely affected by a decision of the Kentucky Unemployment Insurance Commission may, within ten (10) days of the mailing date of the decision, request in writing a reconsideration of the commission's decision.

The commission shall grant or deny the request for reconsideration based on the conformity of the request to this paragraph.
A request for reconsideration shall be considered initiated and filed as of the date it is received by the office as established in 787 KAR 1:230.

(b) A request for reconsideration of a decision of the commission shall not stay the running of time for appeal to the circuit court.

(6) Precedent decision process and digest.

(a) The Kentucky Unemployment Insurance Commission shall develop, distribute, and maintain a manual or digest containing all precedent decisions currently valid.

(b) Individual decisions shall be available on request without charge.

Section 4. Appeals to the Commission from an Employing Unit.

(1) Presentation of an appeal to the commission.

(a) Any employing unit wishing to make application for review of any administrative determination pursuant to KRS 131.570(1) or 341.430(2) shall do so by filing with the commission, the office, or the office's authorized representative a written statement clearly indicating the employing unit's intention to appeal within the time limits prescribed by KRS 131.570(1) or 341.420(2).

(b) An appeal shall be considered initiated and filed as of the date it is received by the office as established in 787 KAR 1:230.

(2) Notification of hearings.

(a) Except as provided in paragraph (b) or (c) of this subsection, upon receipt of an appeal under this section, the commission shall:

Deny the appeal as untimely; or
Promptly schedule a hearing and mail notices to all interested parties specifying the date, time, and place of the hearing at least ten (10) days prior to the hearing date.

(b) The commission or its representative may conduct a hearing without ten (10) days' notice if the parties to the hearing agree to waive the notice of hearing.

(c) Any party to a hearing may request that the hearing be rescheduled. The commission shall reschedule the hearing upon presentation by a party of good cause. Examples of good cause for rescheduling shall include:

A claimant's inability to attend the hearing due to current employment;
Medical emergency;
Death of a family member; or
Acts of God.

(3) Appointment of commission representative.

(a) The commission may direct that any hearing be conducted on its behalf by an authorized representative.

(b) A representative shall not participate in the hearing of an appeal in which the representative has an interest.

(4) Hearing of appeals.

(a) Any party to the appeal may present pertinent evidence and may question the opposite party and witnesses.

The commission shall, if it finds it necessary to secure full information on the issues, examine each party who appears and witnesses.

a. The commission may take any additional evidence which is necessary.

b. If additional evidence is taken, all interested parties shall be afforded an opportunity of examining and refuting the evidence.

(b)

The parties to an appeal, with the consent of the commission or its authorized representative, may stipulate the facts involved, in writing.
The commission shall:

a. Decide the appeal on the basis of the stipulation; or

b. Schedule a hearing and take further evidence.

(c) Except as provided in paragraph (d) of this subsection, the hearing shall be scheduled in-person or via teleconference in order to provide the earliest possible hearing date.

(d) The hearing shall be scheduled via teleconference if an in-person hearing would:

Create undue expense for any party;
Require any party to travel more than fifty (50) miles;
Put either party or the referee at personal risk; or
Create a security risk for the public or office staff.

(e) The commission may grant a continuance of a hearing in order to secure necessary evidence.

(f)

Parties to a teleconference hearing who wish to introduce documents or written materials into the record at the hearing shall provide copies of the documents to the commission and to the opposing party prior to the hearing.
Failure to provide both the commission and the opposing party with copies of this evidence shall result in its being excluded from the record.

(5) Decisions.

(a)

Following the conclusion of a hearing, the commission shall set forth in writing its finding of the facts, its decision, and its reasons for the decision.
If the appellant fails to appear and prosecute an appeal, the commission shall summarily affirm the administrative determination from which the appeal was made.
The decision shall be signed by the members of the commission who considered the appeal.
The commission may designate a decision a precedent for future cases of similar circumstance if the decision:

a. Is a matter of first impression;

b. Clarifies or defines the application of statutory language;

c. Reverses a previous precedential commission decision; or

d. Adopts a court decision.

A decision designated a precedent shall be binding on all lower levels of determination.

(b)

If a decision of the commission is not unanimous, the decision of the majority shall control.
The minority may file a dissent from the decision of the majority setting forth the reasons why it fails to agree with the majority.

(e)

Any commission decision may be superseded and amended after being released in order to correct obvious technical errors or omissions.
The corrected decision shall have the same appeal rights as the decision which it amends or corrects.

(6) Reconsideration.

(a) Any party adversely affected by a decision of the commission may, within ten (10) days of the mailing date of the decision, file a request in writing for reconsideration of the commission's decision.

The commission shall grant or deny the reconsideration based on the conformity of the request to this paragraph.
A reconsideration shall be considered initiated and filed as of the date it is received by the department as established in 787 KAR 1:230.

(b) A request for reconsideration of a decision of the commission shall not stay the running of time for appeal to the circuit court.

Section 5. General Rules for Referee and Commission Appeals.

(1) Issuance of subpoenas. Subpoenas requested by a claimant or an employer to compel the attendance of witnesses or the production of records for any hearing of an appeal shall be issued only on a sworn statement by the party applying for the issuance setting forth the substance of the anticipated proof to be obtained and the need for the proof.

(2) Appeal record.

(a) All reports, forms, letters, transcripts, communications, statements, determinations, decisions, orders, and other matters, written or oral, from the worker, employer, or personnel or representative of the office that have been written, sent, or made in connection with an appeal shall constitute the record with respect to the appeal.

(b) Pursuant to KRS 341.440, a digital recording shall be made of any hearing conducted by the office or commission.

(3) Supplying information from the records of the Office of Unemployment Insurance.

(a) Information from the records of the office shall be furnished to an interested party or representative to the extent necessary for the proper presentation of the party's case, only upon written request.

(b) All requests for information shall state, as clearly as possible, the nature of the information desired.

(c) An interested party or representative may examine a record in the possession of a referee, the commission, or its authorized representative at a hearing.

(4) Conduct of hearings.

(a) All hearings shall be conducted informally without regard to common law, statutory or technical rules, or procedure and in a manner as to determine the substantial rights of the parties.

(b) The parties and their witnesses shall testify under oath or affirmation.

(5) Reopening hearings.

(a) Any party to an appeal who fails to appear at the scheduled hearing may, within seven (7) days from the hearing date, request a rehearing.

(b) The request shall:

Be granted if the party has shown good cause, in accordance with the examples listed in Section 4(2)(c)1. through 4. of this administrative regulation, for failure to appear;
Be in writing;
Set forth the reasons for the failure to attend the scheduled hearing; and
Be mailed or delivered to the office where the appeal was filed, to the Appeals Branch, Office of Unemployment Insurance, Frankfort, Kentucky, or to the Unemployment Insurance Commission, Frankfort, Kentucky.

(c) Upon the rehearing being granted, notice of the time and place of the reopened hearing shall be given to the parties or to their representatives.

(6) Providing a digital recording of testimony to interested parties.

(a) Parties or their authorized representatives may secure a duplicate of the recording of testimony made at a hearing. To request a duplicate, the party or authorized representative shall:

Contact the Kentucky Unemployment Insurance Commission at the address listed on the decision; and
Include with the request a CD-R, CD-RW, or USB flash drive, with the appropriately stamped return envelope.

(b) There shall not be a charge for this service, if the party included with the request a CD-R, CD-RW, or USB flash drive and appropriately stamped return envelope.

(7) Retention and destruction of recordings. Ninety (90) days after the administrative remedies have been exhausted, the commission may delete the recording of the hearing under review unless the commission has previously been served with summons and complaint pursuant to KRS 341.450.

Section 6. Service of Process. The Branch Manager, Kentucky Unemployment Insurance Commission, Education and Labor Cabinet, Mayo-Underwood Building, 500 Mero Street, 3rd Floor, Frankfort, Kentucky 40601, is hereby designated, by the Kentucky Unemployment Insurance Commission, as the person for receipt of Service of Process (Summons) in Civil Actions filed under the provisions of KRS 341.450(2).

History

RELATES TO: KRS 131.570(1), 341.420(2), (4), 341.430(2), 341.440, 341.450
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115(1), 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 13B.020(3)(e)1 exempts unemployment insurance hearings from the provisions of KRS Chapter 13B. This administrative regulation establishes the appeals process and general rules for the conduct of hearings.
History: 22 Ky.R. 466; eff. 11-6-1995; 33 Ky.R. 2179; 3182; eff. 5-4-2007; 35 Ky.R. 641; 1463; eff. 1-5-2009; 48 Ky.R. 586, 1533; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:120 Fees for representing claimant {#sec-787-kar-1-120 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:120}

Section 1. The fee to be charged for representing a claimant in any proceeding before a referee, the commission, or any court, or all three (3) shall not exceed twenty (20) percent of the maximum amount of potential benefits payable with respect to the claim under adjudication.

Section 2. The fee agreed to by the claimant and his representative, if within the maximum established in Section 1 of this administrative regulation, shall be deemed to have been approved by the commission.

Section 3. Enforcement of payment of the fee shall be a matter entirely between the counsel or agent and the claimant. The fee shall not be deducted, either in whole or in part, from the benefit checks otherwise due and payable to the claimant.

History

RELATES TO: KRS 341.115
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets the maximum fee that may be charged for representing a claimant.
History: 22 Ky.R. 471; eff. 11-6-95; Crt eff. 2-24-2020.

787 KAR 1:140 Unemployment insurance fund payments {#sec-787-kar-1-140 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:140}

Section 1. All transfers to the state's account in the Unemployment Trust Fund or refund payments made from the clearing account shall be made by the treasurer of the unemployment insurance fund immediately upon receipt of a written order for the action signed by the Director of the Office of Unemployment Insurance or a person designated by the commissioner and approved by the Secretary of the Education and Labor Cabinet.

Section 2. Requisitions from the state's account in the Unemployment Trust Fund for claimant benefits or employer refunds shall be made by the treasurer within twenty-four (24) hours after the receipt of a written order for the requisition signed by the Director of the Office of Unemployment Insurance or a person designated by the commissioner and approved by the Secretary of the Education and Labor Cabinet. Withdrawals for benefits, shall immediately be deposited in the benefit account. Withdrawals for employer refunds shall immediately be deposited in the clearing account.

Section 3.

(1) A benefit payment register for the payment of benefits shall be prepared and presented to the treasurer and certified as correct to the Finance and Administration Cabinet by the Director of the Office of Unemployment Insurance or a person designated by the commissioner and approved by the Secretary of the Education and Labor Cabinet. The benefit payment register shall show:

(a) The claimant's name;

(b) The claimant's Social Security account number;

(d) The compensable period for which payment is made;

(e) The date of issuance and check number or transaction number;

(f) The program type; and

(g) The claimant's earnings.

(2) After approval by the Secretary of the Finance and Administration Cabinet, the secretary shall present to the treasurer of the unemployment insurance fund a warrant for the issuance of benefit payment vouchers. Upon presentation, the treasurer shall issue benefit payment vouchers with his signature affixed thereto and they shall become a demand upon the depository bank for payment of the amounts specified on the vouchers.

History

RELATES TO: KRS 341.500, 341.510
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 2021 Ky Acts ch. 169, Part 1, I.(7), 2021 Ky Acts ch. 3
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. This administrative regulation establishes the procedure to be used between the Office of Unemployment Insurance, the treasurer of the unemployment insurance fund, the Finance and Administration Cabinet and the Secretary of the Education and Labor Cabinet for the certification of checks to be written and paid for benefits under the program.
History: 22 Ky.R. 472; eff. 11-6-1995; 33 Ky.R. 2182; 3185; eff. 5-4-2007; 34 Ky.R. 1207; eff. 2-1-2008; 48 Ky.R.590; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:150 Interstate claimants {#sec-787-kar-1-150 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:150}

Section 1. Definitions.

(1) "Agent state" means a state from which an individual files a claim for benefits payable by another state.

(2) "Benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance law of a state.

(3) "Interstate benefit payment plan" means the plan approved by the National Association of State Workforce Agencies under which benefits are be payable to unemployed individuals absent from the state or states in which benefit credits have been accumulated.

(4) "Interstate claimant":

(a) Means an individual, including an interstate combined wage claimant, who claims benefits under the unemployment insurance law of one (1) or more liable states from an agent state; and

(b) Does not mean an individual who customarily commutes from a residence in an agent state to work in a liable state unless the secretary finds that:

(d) The individual is not seeking employment in Kentucky.

(5) "Liable state" means a state against which an individual files a claim for benefits if filed from another state.

(6) "State" means one (1) of the fifty (50) states in the United States of America or Canada, the Virgin Islands, Puerto Rico, or the District of Columbia.

Section 2. The secretary shall apply the terms of the interstate benefit payment plan in administrative cooperation with other states that have similar administrative provisions in effect for the payment of benefits to interstate claimants.

Section 3. Kentucky as Liable State. An interstate claimant filing against Kentucky as the liable state shall follow the procedures for filing a claim and for claiming benefits as established in 787 KAR 1:090, Sections 2 and 3.

Section 4. Registration for Work. Each interstate claimant filing against Kentucky as the liable state shall be registered for work through any Kentucky Career Center in the agent state as required by the law, regulations, and procedures of the agent state. The registration shall be accepted as meeting the registration requirements of KRS 341.350(2) if proof of registration in the agent state is provided by the interstate claimant.

Section 5. Benefit Rights of Interstate Claimants.

(1) If a claimant files a claim against a state and the claimant has available benefit credits in that state, the claim shall be filed only against that state if benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.

(2) Benefit credits shall be deemed to be unavailable if benefits have been exhausted, terminated, or postponed for an indefinite period, for the entire period in which benefits would otherwise be payable, or if benefits are affected by the application of a seasonal restriction.

(3) The benefit rights of an interstate claimant established by this administrative regulation shall apply only with respect to a new claim (notice of unemployment).

Section 6. Appellate Procedure.

(1) If Kentucky is the agent state, it shall afford all reasonable cooperation in taking of evidence in connection with appealed interstate benefit claims on behalf of the liable state.

(2) With respect to the time limits imposed by KRS 341.420(2) upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to Kentucky on the date it is received by the agent state.

Section 7. Failure to Comply with Administrative Regulations. The provisions of 787 KAR 1:090, Section 6, shall apply to interstate claimants.

History

RELATES TO: KRS 341.145, 341.350, 341.360, 341.370, 341.380
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.145(1) authorizes the secretary to enter into arrangements with other states for the provision of services to unemployed workers. KRS 341.380(1) requires benefits to be be paid in accordance with administrative regulations promulgated by the secretary. This administrative regulation establishes requirements for the office in its administrative cooperation with other states for the payment of benefits to interstate claimants.
History: 22 Ky.R. 473; eff. 11-6-1995; 33 Ky.R. 2184; 3185; eff. 5-4-2007; 48 Ky.R. 592, 1536; eff. 2-1-2022.

787 KAR 1:160 Time extension for reports and notices {#sec-787-kar-1-160 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:160}

Section 1. The secretary may extend for a reasonable period of time the due date for filing reports and paying contributions as prescribed in 787 KAR 1:030, and the specified time for notifying the office of separations for cause as prescribed in 787 KAR 1:070, if, upon the presentation of sufficient facts by the employer, he finds that failure to file the reports, pay contributions, or notify the office of separations within the time specified was due to an act of God.

History

RELATES TO: KRS 341.115
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation allows an extension of time for filing reports and paying contributions due to an act of God.
History: 22 Ky.R. 475; eff. 11-6-95; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:170 Value of board and lodging {#sec-787-kar-1-170 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:170}

Section 1. Except as provided in Section 2 of this administrative regulation, board, lodging, or any other payment in kind received by a worker in covered employment from his employing unit in addition to or in lieu of (rather than as a deduction from) money wages shall be:

(1) Deemed to be wages paid by his employing unit; and

(2) Included in the gross wages reported for that worker by his employing unit for the purpose of computing contributions due under KRS 341.190.

Section 2. Board or lodging shall not be considered wages if the board or lodging is furnished to a worker for the convenience of the employing unit in accordance with the following requirements:

(1) The employing unit shall have a business reason for providing the board or lodging;

(2) The board or lodging shall be provided on the employing unit's business premises or in a location where the business of the employing unit is routinely conducted;

(3) For lodging, the worker shall be required to accept the lodging as a condition of employment with the employing unit; and

(4) For board, if more than half of an employing unit's workers are furnished meals for the convenience of the employing unit all meals furnished by the employing unit on the employing unit's premises to any other workers shall also be considered to have been furnished for the convenience of the employing unit.

Section 3.

(1) In determining the reasonable cash value of board or lodging furnished to a worker, an employing unit shall:

(a) Use the fair market value of the board or lodging in the location provided; and

(b) Not determine the fair market value to be less than the values established in Section 4 of this administrative regulation.

(2) If the commissioner determines that the cash value assigned by an employing unit for board or lodging does not reflect fair market value, the commissioner shall determine the fair market value, which shall not be less than the values established in Section 4 of this administrative regulation.

Section 4.

(1) If a money value for board or lodging or both furnished an individual in covered employment is agreed upon in a contract of hire, the amount agreed upon shall be deemed the cash value of the board and lodging if the amount exceeds the amount established in subsection (2) of this section.

(2) The fair market value of board or lodging furnished in addition to money wages shall not be less than the following values:

History

RELATES TO: KRS 341.030, 341.190, 26 U.S.C. 119
STATUTORY AUTHORITY: KRS 151B.020, 341.030(1), 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.030(1) requires the promulgation of an administrative regulation to establish the procedures for determining the reasonable cash value of remuneration other than cash paid for employees' services. This administrative regulation establishes the value of board and lodging, which involves determining if the items are paid in lieu of wages received by the worker and not specified under the contract of hire or if they are provided for the convenience of the employer and not held to be wages.
History: 22 Ky.R. 476; eff. 11-6-95; 33 Ky.R. 2186; 3187; eff. 5-4-2007; Crt eff. 2-24-2020.

787 KAR 1:180 Employer's records {#sec-787-kar-1-180 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:180}

Section 1. Each employing unit shall establish, maintain and preserve for not less than six (6) years records with respect to covered employment performed in its service. The records shall show:

(1) For each pay period:

(a) The beginning and ending date of the pay period;

(b) The total amount of wages paid for covered employment in the pay period; and

(2) For each worker:

(a) The name and Social Security account number;

(b) The wages paid, showing separately cash payments, the reasonable cash value of remuneration in any medium other than cash, the date on which the payments were made, and the pay period during which the services were performed. If the remuneration is in a medium other than cash, show the nature and amount of the remuneration;

(d) The date on which the employee was hired, rehired, or returned to work after a temporary layoff, and the date on which the employee was separated from covered employment.

Section 2. Each employing unit shall establish and maintain for not less than two (2) years additional records for each worker in its employ.

(1) The records shall be maintained on a calendar week basis, except that, if the employing unit is operating on a seven (7) day pay period basis, the required individual records may be maintained on the basis of the employing unit's seven (7) day period. The records shall show for each seven (7) day period:

(a) The amount of wages earned;

(b) The number of hours worked;

(d) The rate of pay for the additional work.

(2) Each employing unit shall upon request furnish to the Office of Unemployment Insurance or to a worker a certification of the wages earned and the hours worked, the number of hours of additional work available but not accepted, and the rate of pay for the additional hours of work during the week of unemployment for which the worker claims benefits. This information shall be available by the employing unit not later than seven (7) days after the last day of the seven (7) day period to which the records apply. Any employing unit failing to grant the certification within the specified time shall not subsequently contest the amount of benefits paid for the week of unemployment.

History

RELATES TO: KRS 341.115, 341.190
STATUTORY AUTHORITY: KRS 151B.020, 341.115, 341.190(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341: KRS 341.190(1) requires employers to maintain and to make available for inspection those employment records that the secretary determines are necessary for the effective administration of KRS Chapter 341. This administrative regulation establishes the record-keeping requirements for an employing unit with respect to covered employment and the length of time that the records shall be kept.
History: 22 Ky.R. 478; eff. 11-6-1995; 33 Ky.R. 2188; 3188; eff. 5-4-2007; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:190 Recoupment and recovery {#sec-787-kar-1-190 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:190}

Section 1. The following shall constitute "office error" in the payment of benefits:

(1) Errors in computing the benefit rate;

(2) Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;

(3) Payment beyond the expiration of the benefit year;

(4) Payment in excess of the maximum benefit amount;

(5) Payment under an incorrect program;

(6) Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud shall not be considered office error;

(7) Monetary redeterminations;

(8) Payment during a period of disqualification;

(9) Payment to a wrong claimant; or

(10) Erroneous payments resulting from human error in the data entry process.

Section 2. Overpayments that result from office error or that in the discretion of the secretary shall be collected solely through deduction from future benefits shall not be subject to the filing of a lien or reporting to credit reporting agencies.

History

RELATES TO: KRS 341.415
STATUTORY AUTHORITY: KRS 151B.020, 341.115(1), 341.415(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. KRS 341.415(1) limits recoupment and recovery in the discretion of the secretary and in cases of benefits overpaid as a result of "office error". This administrative regulation establishes the actions and instances which shall constitute "office error" and which shall otherwise limit recovery and recoupment.
History: 22 Ky.R. 479; Am. 911; eff. 11-6-95; 32 Ky.R. 544; 870; eff. 12-2-2005; 33 Ky.R. 2189; 3188; eff. 5-4-07; 35 Ky.R. 400; 821; eff. 10-31-08; Crt eff. 2-24-2020.

787 KAR 1:210 Employer contribution rates {#sec-787-kar-1-210 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:210}

Section 1. Annual Employer Rate Notice.

(1) On or before December 15 of each year, the Office of Unemployment Insurance, on behalf of the secretary, shall issue to each active employer liable to pay unemployment contributions for the next calendar year a Notice of Contribution Rate.

(2) The notice shall:

(a) State the rate schedule determined by the secretary pursuant to KRS 341.270(3) to be in effect for the next calendar year;

(b) Inform each employer of the:

Rate applicable to the employer's account for the next calendar year;
Tax, wage, and benefit charge information regarding the employer's account; and
Statutory provisions used to calculate and assign the rate in accordance with KRS 341.270 and 341.272; and

Section 2. Incorporation by Reference.

(1) The "Notice of Contribution Rate", UI-29, September 2011, is incorporated by reference.

History

RELATES TO: KRS 341.270, 341.272
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 341.270(3), 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.270(3) requires the secretary to determine the rate schedule for employer contributions. This administrative regulation establishes the method by which the secretary shall publish the rate schedule in effect each year.
History: 22 Ky.R. 482; eff. 11-6-1995; Am. 23 Ky.R. 189; eff. 10-14-1996; 4226; 7-17-1997; 24 Ky.R. 2767; eff. 8-17-1998; 26 Ky.R. 2037; eff. 7-17-2000; 33 Ky.R. 2191; 3189; eff. 5-4-2007; 37 Ky.R. 2898; 38 Ky.R. 241; eff. 9-2-2011; 38 Ky.R. 838; eff. 1-6-2012; 48 Ky.R. 593, 1537; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:220 Required reports and due dates {#sec-787-kar-1-220 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:220}

Section 1. Definition. "Required report" means the Employer's Quarterly Unemployment Wage and Tax Report (UI-3), which is incorporated by reference in 787 KAR 1:010 and may be filed electronically.

Section 2.

(1) Except as established in subsection (2) of this section, an employer shall file the report required in Section 1 of this administrative regulation by submitting an electronic report via the Internet at https://kewes.ky.gov.

(2) An employer with fewer than ten (10) workers performing service in covered employment during any month within a quarter being reported and who is unable to file the report electronically, may submit a paper form UI-3.

Section 3. Due Dates.

(1) Except as established in subsection (2) of this section, the due date for the filing of a required report shall be the last day of the month following the close of the calendar quarter in which wages are paid in covered employment.

(2)

(a) The initial due date for the filing of a required report by an employing unit newly subject under the provisions of KRS 341.070 shall be the last day of the month following the quarter in which the employing unit is first given notice by the office of its liability as a subject employer.

(b) An employing unit shall not be considered newly subject if:

Prior to beginning employment in Kentucky, it has previously been determined subject under the unemployment compensation law of any other state. It shall be considered newly subject if all wages paid in covered employment in Kentucky were reported to another state unemployment compensation program by the due date established by that state; or
It has previously been determined subject under the provisions of KRS 341.070 but subsequently terminated subjectivity under the provisions of KRS 341.250(2),

(c) If an employing unit has failed to file a required report due to willful intent to evade filing, the provisions of subsection (1) of this section shall apply.

Section 4. Reports shall be considered received by the office as established in 787 KAR 1:230.

History

RELATES TO: KRS 341.070, 341.190, 341.250(2), 341.262
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115(1), 341.190(2), 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. KRS 341.190(2) authorizes the secretary to require an employing unit to furnish information and records concerning wages paid, employment, and other related matters. This administrative regulation establishes the required filing options, information, and reporting due dates.
History: 22 Ky.R. 483; eff. 11-6-1995; 32 Ky.R. 545; 871; eff. 12-2-2005; 33 Ky.R. 2192; 3189; eff. 5-4-2007; 48 Ky.R. 595, 1537; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:230 Date of receipt of documents defined {#sec-787-kar-1-230 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:230}

Section 1. Except as provided in Section 2 of this administrative regulation, a contribution payment, report, continued claim, protest, or appeal shall be considered received by the office as of the date it is:

(1) Delivered to the office; or

(2) Deposited in the mail or with a commercial postal service on or before the due date, as indicated by the postmark applied by the U.S. Postal Service or official mark applied by a commercial postal service. The mark made by a privately-held postage meter shall not be considered in determining the date of receipt.

Section 2. Any report or payment received and processed by a contractor of the cabinet shall be considered received by the office as of the date recorded by the contractor and transmitted to the office. Any report or payment delivered to a contractor of the office by mail or commercial postal service shall be considered received five (5) business days prior to the date of delivery to the agent.

Section 3. If a due date of a contribution payment, report, continued claim, protest, or appeal falls on a day the office or post office is closed, the next day the office or the post office is open shall be considered the due date.

History

RELATES TO: KRS 341.262, 341.300, 341.380, 341.430(2), 341.450(1)
STATUTORY AUTHORITY: KRS 151B.020(6), 341.115(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to implement KRS Chapter 341. This administrative regulation establishes requirements for determining the date of receipt of documents required for the administration of KRS Chapter 341.
History: 22 Ky.R. 484; eff. 11-6-95; 27 Ky.R. 3161; 28 Ky.R. 81; eff. 7-16-2001; 33 Ky.R. 2193; 3190; eff. 5-4-2007; 34 Ky.R. 1209; eff. 2-1-2008; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:240 Fraud disqualifications {#sec-787-kar-1-240 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:240}

Section 1. Unreported Earnings.

(1) If the office issues a determination finding that a claimant fraudulently failed to report wages earned during a week of unemployment for which unemployment insurance benefits were claimed, an additional period of disqualification shall be imposed for each week of unreported earnings, in addition to the disqualification period imposed for each week by KRS 341.370(2).

(2) The additional period shall be the greater of:

(a) Twelve (12) weeks in length; or

(b)

Six (6) weeks for each week the unreported earnings are less than one and one-fourth (1 1/4) times the weekly benefit amount; and
Twelve (12) weeks for each week the unreported earnings are equal to or more than one and one-fourth (1 1/4) times the weekly benefit amount.

Section 2. Misrepresentation or Nondisclosure. If the office issues a determination that a claimant through fraudulent misrepresentation or nondisclosure of fact, other than unreported earnings, attempted to establish his right to or the amount of his unemployment insurance benefits, in addition to the disqualification imposed for that week, an additional twenty-six (26) week period of disqualification shall be imposed from the date of discovery of the misrepresentation or nondisclosure.

History

RELATES TO: KRS 341.370
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulation necessary to administer KRS Chapter 341. KRS 341.370(2) provides that a worker shall be disqualified from receiving benefits for any week with respect to which he knowingly made a false statement to establish his right to or the amount of his benefits, and, within the succeeding twenty-four (24) months, for the additional weeks immediately following the date of discovery, not to exceed a total of fifty-two (52), as may be determined by the secretary. This administrative regulation establishes the number of additional weeks of disqualification to be imposed.
History: 22 Ky.R. 486; 911; eff. 11-6-95; 33 Ky.R. 2194; 3190; eff. 5-4-2007; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:250 Release of notice of levy {#sec-787-kar-1-250 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:250}

Section 1. The secretary or his designated representative shall release a levy if:

(1) The delinquent employer enters into an arrangement placing property in escrow with a value equal to or greater than the amount necessary to secure payment of the liability, including expenses of levy;

(2) The delinquent employer furnishes a bond equal to or greater than the employer's total liability conditions upon payment of the liability, including expenses of levy;

(3) A payment is made of an amount determined by the office to be equal to the interest of the office in the seized property or of the part of the seized property to be released. The amount to be paid under this release provision shall be determined in the same manner as for discharge of property from a tax lien. Release of a levy shall not itself constitute a lien release;

(4) The delinquent employer enters into a partial payment agreement; or

(5) The value of the interest of the office in the seized property to be released is insufficient to cover the expenses of the sale.

History

RELATES TO: KRS 341.820(1)
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341 KRS 341.820(1) authorizes the release of levy upon all or part of the property or rights to property levied upon if it is determined that the action will facilitate collection of liability. This administrative regulation establishes the conditions under which levy may be released.
History: 22 Ky.R. 487; eff. 11-6-1995; 33 Ky.R. 2196; 3191; eff. 5-4-2007; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 1:260 Voluntary election of coverage {#sec-787-kar-1-260 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:260}

Section 1. An employing unit seeking election of coverage under KRS 341.250(3) shall include in its written election:

(1) For the two (2) calendar years preceding the date of election, or for the total length of existence of the organization, whichever is less:

(a) A list of all funding sources, the revenues received from each, and duration of funding provided from each, accompanied by supporting documentation including grant applications, funding approval letters, and any other relevant material; and

(b) A list of all employees along with gross salaries paid; and

(2) Projections for the two (2) calendar years following the date of election, including:

(a) A list of all anticipated funding sources, the revenues expected from each, and expected duration of funding from each, accompanied by any available documentation supporting these projections; and

(b) The number of workers anticipated and projected salaries for each position.

Section 2. Except as established in Section 3 of this administrative regulation, a voluntary election of coverage shall be approved if the information submitted in accordance with Section 1 of this administrative regulation indicates that the number of employees and the total amount of funding are projected to remain the same or increase over the time period covered by the information.

Section 3. An employing unit shall not be granted for voluntary election in any calendar year if, in the preceding calendar year, the employer contributions deposited to the Unemployment Trust Fund were less than the total benefits paid.

History

RELATES TO: KRS 341.070(9), 341.250(3)
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.250(3) authorizes employees to voluntarily elect to cover employment not otherwise covered by the chapter, subject to approval by the secretary. This administrative regulation establishes the process for approval of voluntary election of coverage.
History: 22 Ky.R. 488; eff. 11-6-1995; 33 Ky.R. 2197; 3191; eff. 5-4-2007; 48 Ky.R. 596, 1538; eff. 2-1-2022.

787 KAR 1:270 Covered employment {#sec-787-kar-1-270 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:270}

Section 1. Service by Officers, Directors, or Stockholders of Corporations.

(1) An officer of a corporation shall be presumed to be in covered employment if, under the corporation's charter, bylaws, or minutes, he is required to perform some service, whether or not the service is actually performed.

(2) Any stockholder, director, or officer who received remuneration in the form of a salary or wages shall be presumed to be in covered employment whether or not services are actually performed if the salary or wages are carried on the corporation payroll records or provided for in its bylaws or minutes.

(3) Any director of a corporation who perform no other service for the corporation other than to attend a directors' meeting shall not be in covered employment.

Section 2. Family Exempt Employment.

(1) In a partnership, noncoverage shall occur if there is an exempt relationship as defined in KRS 341.055(7) between the worker and each partner.

(2) A stepchild under age twenty-one (21) who is employed by his stepparent shall bear the same family exempt relationship as that of a natural or adopted child, if the stepparent claims him as an exemption on federal and state income tax returns.

History

RELATES TO: KRS 341.050, 341.055
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.050 and 341.055 define covered and noncovered employment. This administrative regulation establishes conditions affecting covered or noncovered employment in corporations or within families.
History: 22 Ky.R. 490; Am. 911; eff. 11-6-95; 33 Ky.R. 2198; 3191; eff. 5-4-2007; Crt eff. 2-24-2020.

787 KAR 1:290 Contract construction rates {#sec-787-kar-1-290 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:290}

Section 1. For the purpose of rate assignment, a service shall be considered as contract construction if the service is listed in the United States North American Industry Classification System Manual, Part I Sector 23 subsections 236, 237 and 238, 2017.

Section 2. To be considered a contract construction employer, one-half (1/2) or more of the service upon which liability is established under KRS 341.070 shall be in contract construction.

Section 3. Incorporation by Reference.

(1) "United States North American Industry Classification System Manual", Part 1 Sector 23 subsections 236, 237 and 238, 2017, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Education and Labor Cabinet, Tax Enforcement Branch, Mayo-Underwood Building, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 341.070, 341.272
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 2021 Ky Acts ch. 169 § 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.272(1) requires entities engaged in the contract construction trades to pay contributions equal to the maximum rate of contributions under KRS 341.270. KRS 341.115(1) authorizes the secretary to promulgate administrative regulations to implement KRS Chapter 341. This administrative regulation establishes requirements for contract construction for the purposes of rate assignment under KRS 341.272.
History: 22 Ky.R. 492; Am. 912; eff. 11-6-1995; 28 Ky.R. 1918; 2206; eff. 4-15-2002; 39 Ky.R. 2401; eff. 9-6-2013; 48 Ky.R. 598; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:300 Successorship {#sec-787-kar-1-300 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:300}

Section 1. Definitions.

(1) "Domestic employing unit" means an employing unit for which service is provided as established in KRS 341.050(1)(g).

(2) "Going concern" means an employing unit that is providing goods or services, maintaining a staff, or meeting payroll.

(3) "Negotiation" means dealings conducted between two (2) or more parties for the purpose of reaching an understanding.

Section 2. Except as established in Section 3 of this administrative regulation, successorship shall be deemed to have occurred between two (2) employing units if:

(1) Negotiation occurs to bring about the transfer, either directly between the parties to the transfer, or indirectly through a third party intermediary; and

(2) At least two (2) of the conditions established in this subsection are met, except this requirement shall not be satisfied if only paragraphs (c) and (d) of this subsection are met:

(a) The employing unit was a going concern at the time negotiations for the transfer began;

(b) The subsequent owner or operator continued or resumed basically the same type of employing unit in the same location;

(d) The previous owner employed fifty (50) percent or more of the subsequent owner's workers in covered employment; or

(e) The subsequent owner acquired work contracts or commitments from the previous owner.

Section 3. Successorship for a domestic employing unit shall be deemed to have occurred if two (2) of the conditions established under Section 2(2)(a) through (e) of this administrative regulation exist.

History

RELATES TO: KRS 341.070, 341.540
STATUTORY AUTHORITY: KRS 336.015, 36.050, 341.115, 341.540(2), 2021 Ky Acts ch. 169 Part 1(I)(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary to administer KRS Chapter 341. KRS 341.540(2) requires that the basis for successorship, other than transfers between employing units with common ownership, shall be determined in accordance with administrative regulations promulgated by the secretary. This administrative regulation establishes the conditions under which an employing unit shall be found to be successor to another.
History: 22 Ky.R. 493; eff. 11-6-1995; Am. 27 Ky.R. 3364; eff. 8-15-2001; 48 Ky.R. 599, 1538; eff. 2-1-2022.

787 KAR 1:310 Claimant profiling {#sec-787-kar-1-310 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:310}

Section 1. Definition. "Profiling" means a method by which the secretary shall determine if an unemployment claimant is likely to exhaust benefits.

Section 2. Profiling System.

(1) Except as established in subsection (2) of this section, all unemployment claimants shall be subject to profiling as a condition of receiving benefits.

(2) A claimant shall be exempted from profiling if the claimant:

(a) Is applying for extended benefits or special federal program benefits including Trade Adjustment Assistance and Disaster Unemployment Assistance;

(b) Is classified as a "Group B" claimant as established in 787 KAR 1:090, Section 1(2)(b);

(d) Has weekly pension deductions in excess of the benefit amount; or

(e) Is receiving reemployment services through a union hiring hall.

(3) The secretary shall utilize a statistical model of worker profiling as the basis for the identification of claimants for referral for reemployment services. The profiling system shall identify a claimant as unlikely to return to his previous industry or occupation through the consideration of employment related variables. These variables shall not include the claimant's age, gender, race, ethnicity, or national origin.

(4) A claimant shall be profiled if issued a first benefit payment, including a zero amount due to excessive earnings or other reason.

(5) A claimant identified by the profiling system as likely to exhaust benefits shall be referred for reemployment services from the Office of Unemployment Insurance based on the availability of services. A claimant who is not referred for services within four (4) weeks after identification by the profiling system shall not be referred and shall be considered to have satisfied the requirements of KRS 341.350(3)(b) for the receipt of benefits.

Section 3. Eligible dislocated worker. A claimant determined to be an "eligible dislocated worker" under the Workforce Innovation and Opportunity Act, 29 U.S.C. 3102 et seq., may participate in the profiling system.

History

RELATES TO: KRS 194.030(9), 341.350(3), 42 U.S.C. 503(a)(10), (j)
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115, 341.350(3)(b), 2021 Ky Acts ch. 169 Part 1(I)(7), 42 U.S.C. 503(a)(10), (j)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulation necessary to administer KRS Chapter 341. 42 U.S.C. 503(a)(10) and (j) require states to establish profiling systems to identify unemployment claimants who are likely to exhaust regular benefits for referral to reemployment services, and to hold claimants ineligible to receive unemployment benefits if they fail to participate in reemployment services after having been so identified. KRS 341.350(3)(b) requires the secretary to establish a profiling system. This administrative regulation establishes conditions, consistent with the provisions of 42 U.S.C. 503(a)(10) and (j), under which a claimant shall participate in reemployment services as a condition of receiving benefits.
History: 22 Ky.R. 495; eff. 11-6-1995; 33 Ky.R. 2201; 3192; eff. 5-4-2007; 48 Ky.R. 600; 1539; eff. 2-1-2022; TAm eff. 11-10-2022.

787 KAR 1:320 Priority of deductions from benefits {#sec-787-kar-1-320 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:320}

Section 1. If deductions and withholding from benefit payments are required under more than one (1) statute or for more than one (1) purpose, the priority for deduction shall be as follows:

(1) Deduction of wages, remuneration in lieu of notice, and pension compensation as required under KRS 341.390;

(2) Deduction for recoupment of a previous overpayment as required under KRS 341.415;

(3) Child support obligations as required under KRS 341.392;

(4) Any other mandatory deduction imposed under a federal or Kentucky statute or administrative regulation; and

(5) Voluntary withholding of income tax requested by a claimant as provided:

(a) Under KRS 341.395 for federal income tax; or

(b) Under 103 KAR 18:070 for state income tax.

History

RELATES TO: KRS 341.390, 341.392, 341.395, 341.415, 26 U.S.C. 3304
STATUTORY AUTHORITY: KRS 151B.020(6), 341.115, 341.395(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.395(4) provides that amounts shall be deducted and withheld from unemployment benefit payments in accordance with priorities established in an administrative regulation by the secretary. 26 U.S.C. 3304 requires that federal individual income tax from unemployment compensation be deducted and withheld if an individual receiving this compensation voluntarily requests the deduction and withholding. This administrative regulation establishes the priority of deductions from benefits.
History: 23 Ky.R. 2903; 3355; eff. 2-25-97; 37 Ky.R. 1051; 1433; eff. 1-3-2011; Crt eff. 2-24-2020.

787 KAR 1:360 Overpayment waivers {#sec-787-kar-1-360 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:360}

Section 1. Definitions.

(1) "Benefits" is defined by KRS 341.020(4).

(2) "Financial hardship" means:

(a) An individual or that individual's immediate family has experienced at least a fifty (50) percent reduction in gross earned income or loss of employment; or

(b) That, as a result of the recovery of the overpayment of the benefit, the individual is unable to meet daily living expenses, including expenses for food, clothing, rent, utilities, insurance, job or job search-related transportation expenses, and medical expenses.

(3) "Office" means the Office of Unemployment Insurance within the Kentucky Education and Labor Cabinet.

(4) "Office error" means:

(a) Errors in computing the benefit rate;

(b) Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;

(d) Payment in excess of the maximum benefit amount;

(e) Payment under an incorrect program;

(f) Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud is not considered office error;

(g) Monetary redeterminations;

(h) Payment during a period of disqualification;

(i) Payment to a wrong claimant; or

(j) Erroneous payments resulting from human error in the data entry process.

(5) "Secretary" means the Secretary of the Kentucky Education and Labor Cabinet.

Section 2. Waivers. The secretary shall issue a waiver of the overpayment if the secretary determines that:

(1) The overpayment was made pursuant to Section 3 of this administrative regulation without fault on the part of the recipient; and

(2) Recovery would be contrary to equity and good conscience as established in Section 4 of this administrative regulation.

Section 3. No-fault Determination. For purposes of Section 2(1) of this administrative regulation, the secretary shall make a determination that the overpayment was made without fault on the part of the recipient if the overpayment of benefits resulted from:

(1) Office error; or

(2) Auto-payment of benefits.

Section 4. Equity and Good Conscience Determination. For purposes of Section 2(2) of this administrative regulation, the secretary shall make a finding that a recovery of an overpayment is contrary to equity and good conscience if an individual demonstrates that:

(1) Recovery would cause financial hardship to the person from whom it is sought;

(2) The overpayment recipient can show, regardless of the individual's financial circumstances, that due to the notice that the payment would be made or because of the incorrect payment, the individual has relinquished a valuable right or changed positions for the worse. This may be shown if the recipient has made substantial necessary purchases related to daily living expenses, expended substantial necessary funds on daily living expenses, or failed to seek other benefits in reliance upon the receipt of benefits; or

(3) Recovery could be unconscionable, unjust, or unfair under the circumstances.

History

RELATES TO: KRS 341.413, 2022 Ky. Acts ch. 199, Part 1D.7.(6)
STATUTORY AUTHORITY: KRS 341.115(1), 341.413
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. This administrative regulation establishes definitions and procedures for waiving overpayments pursuant to KRS Chapters 341, 341.413, and 2022 Ky. Acts ch. 199, Part 1D.7.(6). For unemployment insurance claims filed between January 27, 2020 and September 6, 2021, KRS 341.413 authorizes the secretary to waive overpayments of unemployment insurance benefits if the secretary finds the overpayment was made without fault on the part of the recipient and recovery would be contrary to equity and good conscience.
History: 47 Ky.R. 2768; 48 Ky.R. 800; eff. 11-30-2021; 48 Ky.R. 3041; 49 Ky.R.563; eff. 12-6-2022; TAm eff. 12-6-2022; 51 Ky.R. 791, 1287; eff. 4-2-2025.

787 KAR 1:370 Professional Employer Organization contribution and reporting requirements {#sec-787-kar-1-370 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:370}

Section 1. Definitions.

(1) "Benefit experience history" means the benefit charges and other experience rating data maintained for a client employer under KRS Chapter 341 that are used to determine the employer's contribution rate.

(2) "Client" is defined by KRS 336.232(1).

(3) "Election" means the selection made by a PEO pursuant to KRS 336.248(1) regarding the reporting and payment of unemployment insurance contributions.

(4) "Professional employer agreement" means an agreement as defined in KRS 336.236.

(5) "Professional employer organization" or "PEO" is defined by KRS 336.232(8).

Section 2. Professional Employer Organization Reporting Requirements and Election of Contribution.

(1) A professional employer organization (PEO) shall submit its initial election to report and pay unemployment insurance contributions pursuant to KRS 336.248(1) on the application provided in subsection (4) of this section. The Office shall apply the PEO's election to all clients covered under the PEO agreement as of the effective date of the election.

(2) The PEO shall keep separate records for each client and submit separate state unemployment insurance wage and premium reports to the Office of Unemployment Insurance (OUI) using the Unemployment Insurance Self-Service Web Portal located at https://kewes.ky.gov.The PEO shall submit all required unemployment contribution payments associated with those reports in a timely manner. Wage and premium reports shall be filed using the client's state employer account number and using the:

(a) Assigned tax rate of the PEO pursuant to KRS 336.248 (1)(a); or

(b) Assigned tax rate of the client pursuant to KRS 336.248(1)(b).

(3) If a PEO elects the client account method under KRS 336.248(1)(b):

(a) The PEO shall file unemployment insurance reports and pay contributions on a client-by-client basis; and

(b) The client's benefit experience history shall be transferred by the Office to the account assigned to that client as co-employer, as required by KRS 336.248(1)(b)(3)(b).

(4)

(a) A PEO having one (1) or more covered employees with a client in this state shall file an electronic application titled UI-1P, Professional Employer Organization Application for Unemployment Insurance Employer Reserve Account, incorporated in 787 KAR 1:010, using the Unemployment Insurance Self-Service Web Portal located at https://kewes.ky.gov.

(b) To apply for an account number, the application shall include:

The name, address, phone number, and the federal identification number of the professional employer organization;
The name, physical address, and phone number of each client in a format as prescribed by the Office of Unemployment Insurance;
The name of the client's owner, partners, corporate officers, limited liability company members, and managers, if board managed, or general partners;
The federal identification number of the client;
A brief description of the client's major business activity; and
Any other information required by the Office of Unemployment Insurance.

(c) The PEO shall notify the Office of Unemployment Insurance (OUI) in writing of any additions or deletions of clients during the quarter in which a change occurs. Written notifications shall be submitted to the OUI through the methods listed at https://kewes.ky.gov.

(d) If the PEO has not been subject to the provisions set forth in KRS 336.248, the PEO shall not be assigned the new employer rate for a client that has benefit experience history. The contribution rate for each client shall be based on that client's experience in accordance with KRS Chapter 341.

Section 3. Effect of Successorship.

(1) The transfer of benefit experience history required under KRS 336.248(1)(b)(3)(b) shall occur without regard to common ownership, management, or control. The client, upon terminating its relationship with the PEO, shall retain its own reserve account and shall not acquire any portion of the reserve account of the PEO unless otherwise required under KRS Chapter 341.

(2) The provisions of KRS 341.540 regarding successor employers shall not apply to a PEO or a client employer based solely on the existence of a professional employer agreement.

Section 4. Change of Contribution Election.

(1) KRS 336.248(5) permits a PEO to change its contribution election under KRS 336.248 (1)(a) or KRS 336.248(1)(b) only once. The change of contribution election shall be submitted in writing through the methods listed at https://kewes.ky.gov.

(2) Any changes to the initial election are effective in the calendar year following the date the Office approves the change in accordance with KRS 336.248(5).

History

RELATES TO: KRS 336.232
STATUTORY AUTHORITY: KRS 336.248, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations for the proper administration of KRS Chapter 341. KRS 336.248 requires professional employer organizations to make certain reports and contributions to the unemployment insurance fund. This administrative regulation provides the procedures to file client unemployment insurance wage and premium reports, the procedures to complete the Professional Employer Organization Application for Unemployment Insurance Employer Reserve Account form, the procedures to add or delete clients, the treatment of experience history transfers, the application of successorship provisions under KRS Chapter 341, and the procedures to change the professional employer organization's contribution election.
History: 787 KAR 001:370. 51 Ky.R. 1048, 1454; eff. 5-6-2025; 52 Ky.R. 1227, 1809; eff. 8-4-2026.

Chapter 2 Employment Services

787 KAR 2:010 Veterans' benefits {#sec-787-kar-2-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:010}

Section 1. In order to facilitate the administration of the veterans' programs as authorized by 38 U.S.C., and as regulated in 20 C.F.R. Parts 652 and 653, the following C.F.R.s, federal statutes and bulletins are adopted by reference:

(1) 20 C.F.R. Parts 652 and 653, dated March 30, 1984, which includes implementation procedures for providing veterans and eligible persons the maximum employment and training opportunities with priority given to the needs of disabled veterans and veterans of the Vietnam era.

(2) 38 U.S.C. Chapter 41, as amended through January 14, 1983, which mandates the establishment of a job and job training counseling service program, an employment placement service program and a job training placement service program for eligible veterans and other eligible persons and the provision of maximum employment and training opportunities to veterans, with priority given to the needs of disabled veterans and veterans of the Vietnam era through existing programs, coordination and merger of programs and implementation of new programs.

(3) Veterans Employment Representative (VER) Bulletins A through 17 which contain implementation procedures for employment services provided to veterans in fulfillment of responsibilities mandated by law.

(4) Federal Contractor Job Listing (FCJL) Bulletins 1 through 4, which contain updated instructions and procedures for processing federal contractor job listing under the mandate of Pub.L. 93-50 requiring federal contractors and subcontractors to list suitable job openings with the appropriate local office of the Department for Employment Services.

(5) Pub.L. 96-466, The Veterans Rehabilitation and Education Amendments of 1980, which revised the disabled veterans vocational rehabilitation program and established the Disabled Veterans Outreach Program.

(6) Pub.L. 98-77, The Emergency Veterans' Job Training Act of 1983, which addresses problems of service and continuing unemployment among veterans by providing payments to defray the costs of training and incentives to employers to hire and train certain war time veterans who have been unemployed for long periods of time for stable and permanent positions that require significant training.

(7) Pub.L. 97-300, The Job Training Partnership Act, which establishes programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those economically-disadvantaged individuals and other individuals facing serious barriers to employment who are in special need of training to obtain productive employment. Title II, Part C of the Act specifically authorizes programs for veterans recently separated from military service, Vietnam-era veterans and disabled veterans.

(8) 41 C.F.R. Parts 60-250, dated June 25, 1976, which mandates and provides procedures for ensuring compliance with Section 402 of the Vietnam-era Veterans Readjustment Act of 1974, which requires government contractors and subcontractors to take affirmative action to employ and advance the employment of qualified disabled veterans and veterans of the Vietnam era.

(9) Pub.L. 98-543, The Veterans Benefits Improvement Act of 1984, which increased various rates of compensation or benefits paid to eligible veterans in various programs administered by the Veteran Administration, extended the Veterans' Readjustment Appointment Authority to September 30, 1986, extended several provisions of Pub.L. 98-77, and established the Special Program for Veterans in Receipt of Individual Unemployability and the Special Training Program for Veterans in Receipt of Pensions, which are administered by the Veterans Administration.

Section 2. All documents incorporated by reference herein are on file for public inspection at the Department of Workforce Development, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40621, and in local employment services office located throughout the state.

History

RELATES TO: KRS 194.030(9)
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: 38 U.S.C. authorizes the states to implement veterans' employment and training programs. The Education and Labor Cabinet for is authorized by KRS 151B.020 to adopt such rules and regulations as are necessary to implement programs mandated by federal law or to qualify for receipt of federal funds and as are necessary to cooperate with federal agencies for the proper administration of the cabinet and its programs. The function of this administrative regulation is to implement the veterans' training and benefit programs in accordance with applicable federal laws and regulations.
History: 22 Ky.R. 496; eff. 11-6-1995; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 2:030 Classifying a person as unemployed; appeals {#sec-787-kar-2-030 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:030}

Section 1. Definitions.

(1) "Actively seeking work" means a person making a reasonable effort to obtain work at least sixty (60) days prior to hire as might be expected of a prudent person under like circumstances, including occupations, salary, number of employing firms in area and distance involved.

(2) "Full-time employment" means, for labor market attachment purposes, if a person worked more than twenty-three (23) hours per week or more than 100 hours per month for at least thirty (30) days prior to the sixty (60) day, minimum unemployed period.

(3) "Labor market attachment" means had full-time employment before the sixty (60) day minimum unemployed period. Self-employment can be used to meet this requirement.

(4) "Readily available" means a person who at least sixty (60) days prior to hire was willing and able to enter into full-time employment; and possessing the ability to overcome any barriers, including arranging child care, part-time work or school schedules, transportation, or other conditions that would prevent an individual from accepting full-time employment.

Section 2.

(1) A person shall be considered "classified as unemployed" for purposes of the Unemployment Tax Credit Program if:

(a) Prior to the sixty (60) day minimum unemployment period, the person had prior labor market attachment; and

(b) During the sixty (60) day minimum unemployment period prior to being hired was:

Not working; or
Employed not more than twenty-three (23) hours per week; or
Employed not more than 100 hours per month; and
Actively seeking and readily available for full-time employment.

(2) Involvement in a strike or labor dispute during the sixty (60) day minimum unemployment period shall not meet the definition of unemployment for purposes of the Unemployment Tax Credit Program.

Section 3. Request for Reconsideration.

(1) Any party aggrieved as a result of the denial of the unemployment tax credit to a taxpayer shall request a reconsideration of the denial by contacting the state tax credit unit. The request for reconsideration shall be in writing. The request for reconsideration shall be filed within fifteen (15) days of the mailing date of the denial notice.

(2) The aggrieved party shall submit any additional information to be considered during the reconsideration process in writing within ten (10) days of the mailing date of the request for reconsideration.

(3) The state tax credit unit shall issue its decision within forty-five (45) days of receipt of the request for reconsideration. Upon reconsideration, a certificate may be issued or a second denial letter stating appeal rights for a formal hearing may be issued.

Section 4. Appeals to Hearing Officer.

(1) Within fifteen (15) days of the mailing date of a second denial notice, an aggrieved party shall file a written request for hearing with the state tax credit unit. Upon receipt of the written request for hearing, the Secretary of the Education and Labor Cabinet shall appoint an impartial hearing officer to hear and decide appealed denials.

(2) A hearing shall be scheduled and commenced within sixty (60) days of receipt of the request for hearing. Notice of the hearing shall be mailed by certified mail, return receipt requested, to the parties.

(3) Prior to the formal hearing, and upon seven (7) days written notice to all parties, the hearing officer may hold a prehearing conference to consider simplification of the issues, admissions of facts and documents which will avoid unnecessary proof, limitations of the numbers of witnesses, and any other matters as will aid in the disposition of the matter. Disposition of the matter may be made at the prehearing conference, by stipulation, agreed settlement, or consent order. Prehearing conferences shall be open to the public. A written prehearing conference report shall be part of the record.

(4) Any party to a hearing and the administering agency may be represented by counsel and may make oral or written argument, offer testimony, cross-examine witnesses, or take any combination of these actions. Depositions shall not be permitted for the purpose of discovery; however, the hearing officer may authorize depositions of witnesses who, in his opinion, for good cause shown cannot be present at the hearing. A hearing officer shall preside at the hearing, shall keep order, administer oaths, may issue subpoenas, and may admit relevant and probative evidence, and shall conduct the hearing in accordance with reasonable administrative practice.

(5) All testimony at the hearing shall be recorded.

(6) The hearing officer may place reasonable time limits upon the presentation of testimony, evidence and argument, and may terminate or exclude irrelevant or redundant evidence, testimony, or argument.

(7) Within thirty (30) days of adjournment of the hearing, the hearing officer shall make written findings of fact, conclusions of law, and a final decision based upon the record of the proceeding.

History

RELATES TO: KRS 141.065, Administrative Order HR 86-1
STATUTORY AUTHORITY: KRS 151B.020, 341.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 141.065 provides a credit to taxpayers for hiring a person classified as unemployed. The Department for Employment Services is required by Administrative Order HR 86-1 to perform all administrative functions pertaining to the Unemployment Tax Credit Program. The Secretary of the Education and Labor Cabinet may adopt rules and administrative regulations as are necessary to implement the Unemployment Tax Credit Program and as are necessary to cooperate with the Revenue Cabinet for the proper administration of the program. The function of this administrative regulation is to establish when a person is classified as unemployed for purposes of the Unemployment Tax Credit Program, and to establish the appeals process and general rules for the conduct of hearings regarding the denial of the unemployment tax credit to a taxpayer.
History: 22 Ky.R. 499; 912; eff. 11-6-1995; Cert eff. 2-24-2020; TAm eff. 11-10-2022.

787 KAR 2:040 Local workforce development area governance {#sec-787-kar-2-040 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:040}

Section 1. Definition. "Workforce Innovation and Opportunity Act" or "WIOA" means 29 U.S.C. 3101 et seq.

Section 2. Local Workforce Development Board Membership Criteria and Operating Guidelines. Each chief local elected official in a local workforce development area shall appoint members to the local workforce development board and each local workforce development board shall operate in compliance with the Workforce Innovation and Opportunity Act (WIOA).

Section 3. Interlocal Agreement. Each local elected official of a unit of general local government within a local workforce development area shall jointly execute a written interlocal agreement that, at a minimum, complies with the Workforce Innovation and Opportunity Act.

Section 4. Partnership Agreement. Each chief local elected official, representing the local elected officials in a local workforce development area, and each designated chair, representing the local workforce development board, shall jointly execute a written partnership agreement that, at a minimum, complies with the Workforce Innovation and Opportunity Act.

Section 5. Identification of Regions and Designation of Local Workforce Development Areas. The process and procedures for the identification of regions and the designation of local workforce development areas within the Commonwealth of Kentucky shall be in compliance with WIOA.

Section 6. Hiring of Staff for Local Workforce Development Boards. Local workforce development boards may hire a director and other staff in accordance with WIOA.

Section 7. Entities Performing Multiple Functions in A Local Workforce Development Area. Entities that have been selected or otherwise designated to perform more than one (1) function in a local workforce development area shall develop a written agreement that, at a minimum, complies with WIOA.

Section 8. Dissemination and Implementation of Policies and Guidance issued by the Kentucky Workforce Innovation Board. The local workforce development boards shall implement and disseminate policies, guidance, and manuals issued by the Kentucky Workforce Innovation Board, in coordination with the Governor and the Department of Workforce Investment, pursuant to the Workforce Innovation and Opportunity Act and 20 C.F.R. 679.130. Nothing in this section shall be construed to prohibit coordination between the Kentucky Workforce Innovation Board and the Kentucky Education Workforce Collaborative.

History

RELATES TO: KRS 151B.017(4), 29 U.S.C. 3101 et seq., 20 C.F.R. 679.130
STATUTORY AUTHORITY: KRS 151B.017(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.017(4) requires the secretary of the Education and Labor Cabinet to promulgate administrative regulations that are necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds, and that are necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. This administrative regulation establishes the membership criteria and operating guidelines for local workforce development boards, requires interlocal and partnership agreements for local workforce development areas, establishes the process for the identification of regions and designation of local workforce development areas, establishes the guidelines for the hiring of staff by local workforce development boards, requires a written agreement for entities that perform multiple functions in a local workforce development area under the Workforce Innovation and Opportunity Act, 29 U.S.C. 3101 et seq., and addresses dissemination and implementation of policies and guidance issued by the Kentucky Workforce Innovation Board. This administrative regulation establishes further guidance and clarification, in addition to the minimum federal requirements established in 29 U.S.C. 3122, necessary for effective local implementation activities.
History: 42 Ky.R. 196; eff. 10-15-2015; 43 Ky.R. 2065; 44 Ky.R. 223; eff. 8-17-2017; 48 Ky.R. 1023; eff. 3-1-2022; 48 Ky.R. 2872, 49 Ky.R. 344, 790; eff. 1-3-2023; TAm 1-3-2023.

Chapter 3 Apprenticeship Standards

787 KAR 3:010 Registration of apprenticeship programs {#sec-787-kar-3-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 3:010}

Section 1. Definitions.

(1) "Apprentice" is defined by KRS 343.010(1).

(2) "Apprenticeship agreement" is defined by KRS 343.010(2).

(3) "Apprenticeship program" is defined by KRS 343.010(7).

(4) "Commissioner" means the Commissioner of the Department of Workforce Development.

(5) "Council" means the Kentucky Apprenticeship Council.

(6) "Employer" is defined by KRS 343.010(10).

(7) "Joint apprenticeship committee" means a committee, composed of an equal number of representatives of employers and employees, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program.

(8) "Journeyworker" means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as necessary to master the skills and competencies required for the occupation. It also refers to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training.

(9) "Nonjoint apprenticeship program sponsor" means an apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate, such as:

(a) An individual nonjoint sponsor, which is an apprenticeship program sponsored by one (1) employer without the participation of a union; and

(b) A group nonjoint sponsor, which is an apprenticeship program sponsored by two (2) or more employers without the participation of a union.

(10) "Office of Apprenticeship" means the Office of Apprenticeship within the United States Department of Labor.

(11) "Provisional registration" means the one (1) year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval shall be:

(a) Made permanent;

(b) Continued as provisional; or

(12) "Registration agency" means the Education and Labor Cabinet, Department of Workforce Development, and its office or division charged with determining whether a program may be registered with the Kentucky Apprenticeships Program.

(13) "Registration of an apprenticeship program" means the acceptance and recording of the program, which confirms that the program meets the basic standards and requirements for approval as indicated by written evidence.

(14) "Related instruction" is defined by KRS 343.010(11).

(15) "Sponsor" is defined by KRS 343.010(9).

(16) "State apprenticeship agency" means the Education and Labor Cabinet, Department of Workforce Development and its office or division charged with the responsibility and accountability for apprenticeship within the Commonwealth of Kentucky.

(17) "Supervisor" is defined by KRS 343.010(5).

(18) "Technical assistance" means guidance provided by registration agency staff in the development, revision, amendment, or processing of a potential or current program sponsor's standards of apprenticeship or apprenticeship agreements, or advice or consultation with a program sponsor to further compliance with this administrative regulation or guidance from the Office of Apprenticeship to a state apprenticeship agency on how to remedy nonconformity with this administrative regulation.

(19) "Transfer" means a shift of apprenticeship registration from one (1) program to another or from one (1) employer within a program to another employer within that same program, if there is agreement between the apprentice and the affected joint apprenticeship committees or nonjoint apprenticeship program sponsors.

Section 2.

(1) Only an apprenticeship program or agreement that meets the criteria established in this subsection shall be eligible for state apprenticeship agency registration.

(a) The program or agreement is in conformity with the requirements of this administrative regulation and the training is in an apprenticeable occupation having the characteristics set forth in 29 C.F.R. 29.4.

(b) The program or agreement is in conformity with the regulations on "Equal Employment Opportunity in Apprenticeship and Training" set forth in 29 C.F.R. Part 30, as amended, and Kentucky law on "Equal Employment Opportunity in Apprenticeship and Training" set forth in KRS Chapter 344.

(c) Except as provided under paragraph (d) of this subsection, apprentices shall be individually registered under a registered program. Individual registration may be accomplished:

By filing copies of each individual apprenticeship agreement with the registration agency; or
By filing a master copy of the agreement followed by a listing of the name, pursuant to KRS 343.050, of each individual when apprenticed.

(d) The names of probationary employees serving as apprentices under an apprenticeship program registered by the state apprenticeship agency, if not individually registered under the program, shall be submitted within forty-five (45) days of employment to the state apprenticeship agency for certification to establish the apprentice as eligible for probationary employment.

(e) The registration agency shall be notified within forty-five (45) days of persons who have successfully completed apprenticeship programs; and of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons therefore.

(f) Applications for new programs that the registration agency determines meet the required standards for program registration shall be given provisional registration for a period of one (1) year. The registration agency shall review all new programs for quality and for conformity with the requirements of this administrative regulation at the end of the first year after registration. At that time:

A program that conforms to the requirements of this administrative regulation shall:

a. Be made permanent; or

b. Continue to be provisionally registered through the first full training cycle.

A program not in operation or in conformance with the administrative regulations during the provisional registration shall be recommended for deregistration procedures.

(2) Approved apprenticeship programs shall be accorded registration, evidenced by a certificate of registration or other written indicia.

(3) Any modification or change to a registered program shall be promptly submitted to the registration office and, if approved, shall be recorded and acknowledged as an amendment to the program.

(4) The request for registration of an apprenticeship program, together with all documents and data required by this administrative regulation, shall be submitted in writing or electronic transmission to the supervisor of apprenticeship.

(5)

(a) If a program is proposed for registration by an employer or employers' association, written acknowledgement of union agreement or "no objection" to the registration shall be required if the standards, collective bargaining agreement, or other instrument provides for participation by a union in any manner in the operation of substantive matters of the apprenticeship program.

(b) If union participation is not evidenced and practiced, the employer or employers' association shall simultaneously furnish a copy of the apprenticeship program and its application for registration to the union collective bargaining agent, if any, of the employees to be trained.

(c) The supervisor shall provide a reasonable time period of not less than forty-five (45) days for receipt of any union comments before final action on the approval.

(6) If the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer or group of employers.

Section 3. The standards established in this section shall apply to an apprenticeship program.

(1) The program shall be an organized, written plan embodying the terms and conditions of qualification, recruitment, selection, employment, training, and supervision of one (1) or more apprentices in an apprenticeable occupation and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

(2) The standards shall contain the equal opportunity pledge prescribed in the Kentucky State Plan for equal employment opportunity in apprenticeship and, if applicable, an affirmative action plan and a selection method in accordance with the Kentucky State Plan for equal employment opportunity in apprenticeship, and provisions concerning the following:

(a) The employment and training of the apprentice in a skilled occupation;

(b) A term of apprenticeship, which for an individual apprentice shall be measured either through the completion of the industry standard for on-the-job learning (at least 2,000 hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach).

The time-based approach measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.
The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, throughout the apprenticeship program and as verified by the program sponsor. Programs utilizing this approach shall still require apprentices to complete a paid on-the-job learning component of registered apprenticeship. The program standards shall address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for the competencies.
The hybrid approach measures the individual apprentice's skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.
The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the registration agency of the determination as appropriate to the apprenticeable occupation for which the program standards are registered;

(c) An outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(d) Provision for organized related and supplemental instruction in technical subjects related to the occupation. A minimum of 144 hours for each year of apprenticeship shall be required. This instruction in technical subjects may be accomplished through teaching modalities such as classroom, occupational, or industry courses, electronic media, or other instruction approved by the registration agency, or a combination thereof. Every apprenticeship instructor shall:

Meet the state Department of Education's requirements for a vocational-technical instructor in the state of registration, or be a subject matter expert, which is an individual, such as a journeyworker, who is recognized within a business or industry as having expertise in a specific occupation; and
Demonstrate mastery in teaching techniques and adult learning styles prior to providing the related technical instruction;

(e) A progressively increasing schedule of wages to be paid the apprentice consistent with the skill acquired and whether the required school time shall be compensated. The entry wage shall not be less than forty (40) percent of the established journeyworker rate or not less than the minimum wage prescribed by federal or state law, whichever is greater. On projects where the wage rate has been established by law, the apprentice's rate of pay shall be based upon the established journeyworker rate;

(f) Periodic review and evaluation of the apprentice's progress in job performance and related instruction and maintenance of appropriate progress records;

(g) Except as otherwise provided herein, the ratio of apprentices to journeyworkers shall be 1:1. For each apprentice who completes 2,000 hours of on-the-job training, a second apprentice may be added. The ratio shall not exceed two (2) apprentices for each journeyworker unless a modification to the ratio is approved as set forth herein. An apprentice sponsor or an employer may request in writing to modify the ratio in a medium or low risk occupation, as those terms are defined by the United States Occupational Safety Health Administration. The Commissioner will review the request, and respond within ninety (90) days of receipt of the request. In evaluating any such request, the Commissioner may modify a ratio upon a determination that the new ratio:

Will not endanger the safety of apprentices or the journeyworker; and
Will not materially impair the quality of training. The decision to authorize the modification of the ratio in medium and low risk occupations rests solely within the discretion of the Commissioner. There is no right to appeal any denial of a request to modify the ratio. Nothing in this administrative regulation shall be construed as prohibiting a sponsor or employer from establishing a ratio that permits or requires more than one (1) journeyworker for each apprentice or as invalidating a collective bargaining agreement that permits or requires more than one (1) journeyworker for each apprentice;

(h) A probationary period of reasonable duration in relation to the full apprenticeship term, during which the apprenticeship agreement may be terminated by either party, with full credit for this period toward completion of apprenticeship. The probationary period shall not exceed twenty-five (25) percent of the term of the apprenticeship or one (1) year, whichever is shorter;

(i) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;

(j) Grant of advance standing or credit, up to fifty (50) percent, for previously acquired experience, training skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step;

(k) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program shall be based on agreement between the apprentice and the affected joint apprenticeship committees or nonjoint apprenticeship program sponsors, and shall comply with the following requirements:

The transferring apprentice shall be provided a transcript of related instruction and on-the-job learning by the joint apprenticeship committee or nonjoint apprenticeship program sponsor;
Transfer shall be to the same occupation; and
A new apprenticeship agreement shall be executed when the transfer occurs between program sponsors;

(l) Assurance of qualified training personnel and adequate supervision on the job;

(m) The placement of an apprentice under an apprenticeship agreement as required by KRS Chapter 343 and 803 Chapter 1. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement;

(n) The required minimum qualifications for persons entering an apprenticeship program, with an eligible starting age to be not less than sixteen (16) years;

(o) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the registration agency;

(p) Apprenticeship programs that utilize the competency-based or hybrid approach for progression through an apprenticeship and for which program sponsors choose to issue interim credentials shall clearly identify the interim credentials, demonstrate how these credentials link to the components of the apprenticeable occupation, and establish the process for assessing an individual apprentice's demonstration of competency associated with the particular interim credential. Further, interim credentials shall only be issued by program sponsors for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation;

(q) Identification of the registration agency;

(r) Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints;

(s) Recording and maintenance of all records concerning apprenticeship as may be required by the state apprenticeship agency or other applicable law; and

(t) Provision that all controversies or differences shall be resolved in accordance with KRS 343.050(8).

Section 4. Program Performance Standards.

(1) Every registered apprenticeship program shall have at least one (1) registered apprentice, except for the following specified periods of time, which shall not exceed one (1) year:

(a) Between the date when a program is registered and the date of registration for its first apprentice; or

(b) Between the date that a program graduates an apprentice and the date of registration for the next apprentice in the program.

(2) Registration agencies shall evaluate performance of registered apprenticeship programs.

(a) The tools and factors to be used shall include quality assurance assessments, equal employment opportunity (EEO) compliance reviews, and completion rates.

(b) Any additional tools and factors used by the registration agency in evaluating program performance shall adhere to the goals and policies articulated in this administrative regulation.

(3) In order to evaluate completion rates, the registration agency shall review a program's completion rates in comparison to the national average for completion rates. Based on the review, the registration agency shall provide technical assistance to programs with completion rates lower than the national average.

(4) Cancellation of apprenticeship agreements during the probationary period shall not have an adverse impact on a sponsor's completion rate.

Section 5. The apprenticeship agreement shall contain explicitly:

(1) The information required by KRS 343.050;

(2) The signatures required by KRS 343.060;

(3) Name and address of the program sponsor and registration agency;

(4) A reference incorporation as part of the agreement standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement; and

(5) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, national origin, sex, or age.

Section 6. Deregistration of a program may be initiated upon the voluntary action of the sponsor by request for cancellation of the registration, or upon a finding of good and sufficient reason by the supervisor instituting formal deregistration proceedings in accordance with the provisions of this section.

(1) Request by sponsor. The supervisor may cancel the registration of an apprenticeship program for good and sufficient reason by written acknowledgment of the request stating, but not limited to, the following matters:

(a) The registration is cancelled at sponsor's request, the reason for the cancellation, and effective date; and

(b) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall notify all apprentices:

Of the cancellation, the reason for the cancellation, and the effective date;
That the cancellation automatically deprives the apprentice of individual registration;
That the deregistration of the program removes the apprentice from coverage for state and federal purposes; and
That all apprentices are referred to the registration agency for information about potential transfer to other registered apprenticeship programs.

(2) Deregistration by the registration agency upon reasonable cause. Formal deregistration. Deregistration proceedings may be undertaken if the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this administrative regulation, except that deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with the provisions in the Kentucky State Plan for equal employment opportunity in apprenticeship.

(a) If it appears the program is not being operated in accordance with the registered standards or this administrative regulation, the supervisor shall so notify the program sponsor in writing. The notice shall be sent by certified mail, with return receipt requested. The notice shall state the violations and the remedy required, and that a determination of reasonable cause for deregistration will be made unless corrective action is effected within fifteen (15) days. Upon request by the sponsor for good cause, the fifteen (15) day term may be extended by the supervisor. During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity. If the required correction is not effected within the allotted time, the supervisor shall send a notice to the sponsor, by certified mail, return receipt requested, stating the following:

The notice is sent pursuant to this section;
Certain deficiencies (stating them) were called to sponsor's attention and remedial measures requested, with dates of the occasions and letters; and that the sponsor has failed or refused to effect correction; and
Based upon the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered unless, within fifteen (15) days of the receipt of this notice, the sponsor requests a hearing.

(b) If a request for a hearing is not made, the supervisor shall issue a determination with respect to deregistration of the program.

(c) If the sponsor has not requested a hearing, the supervisor shall file his determination with the commissioner. This determination shall contain all pertinent facts and circumstances concerning the nonconformity, including the findings and copies of all relevant documents and records.

(d) The supervisor's determination shall become final in accordance with KRS 343.070.

(e) If the sponsor requests a hearing, the commissioner shall convene a hearing after due notice to the parties and shall make a final decision on the basis of the record before him.

(f) Any party to the dispute aggrieved by the order or decision of the commissioner may appeal in accordance with KRS 343.070.

Section 7. The commissioner shall accord reciprocal approval for federal purposes to apprentices, apprenticeship programs, and standards that are registered in other states by the Office of Apprenticeship or a registration agency if reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval shall meet the wage and hour provisions and apprentice ratio standards of the reciprocal state.

History

RELATES TO: KRS Chapter 343
STATUTORY AUTHORITY: KRS 151B.020(6), 343.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.020(6) requires the secretary of the Education and Labor Cabinet to promulgate administrative regulations that are necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds, and that are necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. Executive Order 2018-586 transitioned the apprenticeship program from the Labor Cabinet to the Education and Workforce Development Cabinet. This administrative regulation establishes standards required by 29 C.F.R. parts 29 and 30 to safeguard the welfare of apprentices, promote apprenticeship opportunities, and to extend the application of those standards by prescribing policies and procedures concerning the registration of acceptable apprenticeship programs with the Office of Employer and Apprenticeship Services. These standards cover the registration, programmatic review, cancellation, and deregistration of apprenticeship programs and of apprenticeship agreements.
History: LAB 1; 1 Ky.R. 47; eff. 10-2-1974; 4 Ky.R. 65; 177; eff. 11-2-1977; TAm eff. 8-9-2007; 35 Ky.R. 1909; 2432; eff. 6-5-2009; 41 Ky.R. 1150; 1526; eff. 2-6-2015; Recodified from 803 KAR 1:010, 6-14-2019; 46 Ky.R. 258; 973; 1122; eff. 10-3-2019; Cert eff. 2-4-2020; TAm eff. 11-10-2022.

787 KAR 3:020 Confidentiality of records of the Office of Employer and Apprenticeship Services {#sec-787-kar-3-020 omnilex-key=us-ky-regs-official--title-787--787 KAR 3:020}

Section 1. Definition. (1) "Personal information" is defined by KRS 61.931(6).

Section 2. The employment and service records identified in this section shall be confidential and shall not be subject to disclosure, except as provided in KRS 151B.280(5)(a) and (b) or other applicable law.

(1) Work Opportunity Tax Credit Program:

(a) Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit;

(b) ETA Form 9061, Individual Characteristics Form Work Opportunity Tax Credit;

(d) ETA Form 9175, Long Term Unemployment Recipient Self-Attestation Form, Work Opportunity Tax Credit Program;

(e) Form 2828, Power of Attorney and Declaration of Representative; and

(f) Documents provided by employers in support of their applications for the Work Opportunity Tax Credit that contain personal information to include Form W-4 and DD Form 214.

(2) Registered Apprenticeship:

(a) Kentucky Registered Apprenticeship Registration, Standards, and Agreement (ETA Form 671, Section 1);

(b) Program Registration and Apprenticeship Agreement, Office of Apprenticeship, Apprentice Registration (ETA Form 671, Section 2);

(d) Registered Apprenticeship Standards Occupation Page;

(e) RAPIDS Program Registration Form;

(f) Apprentice personal information contained in the Commonwealth's Citizen Connect online portal;

(g) Employer Acceptance Agreement (Registered Apprenticeship Appendix D); and

(h) Additional documents provided by employers relevant to apprenticeship program approval that contain private business information to include Approved Job Description and Related Technical Instruction outlines, Vendor Verifications, Citation Requests, and Occupation Support Letters.

(3) Federal Bonding Program:

(a) Kentucky Federal Bonding Program Requests from employers; and

(b) Kentucky Federal Bonding Program Conditional Pre-Approval Letter.

Section 3. Publicly Available Information. Notwithstanding the provisions of Section 2(2), the following information in possession of the Office of Employer and Apprenticeship Services for Registered Apprenticeship Programs shall be available to the general public: sponsor program number, sponsor program name, sponsor program address (street, city, state, zip code, county), sponsor contact information, occupation title, program standards type, term length minimum, term length maximum, related technical instruction length, hours when related technical instruction is provided, journeyman employee count, female employee count, minority employee count, youth employee count, and active apprentice count.

History

RELATES TO: KRS 151B.280
STATUTORY AUTHORITY: KRS 151B.280(5)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.280(5)(a) requires the secretary of the Education and Labor Cabinet to promulgate administrative regulations to protect the confidential nature of all records and reports which directly or indirectly identify a client or former client of programs administered by the cabinet's Office of Employer and Apprenticeship Services. This administrative regulation establishes which records of the Office of Employer and Apprenticeship Services shall be considered confidential in order to encourage full disclosure of information on the part of job applicants and employers and to provide guidelines to employment service personnel in responding to requests for information.
History: 48 Ky.R. 1980; 2611; 2732; eff. 8-2-2022; TAm eff. 11-10-2022.

Title 787 KAR — Education and Workforce Development Cabinet - Department for Employment Services

Chapter 1 Unemployment Insurance

787 KAR 1:010 Application for employer account; reports {#sec-787-kar-1-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:010}

787 KAR 1:020 Change of status; discontinuance of business {#sec-787-kar-1-020 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:020}

787 KAR 1:030 Employer contributions {#sec-787-kar-1-030 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:030}

787 KAR 1:040 Posting notice to employees {#sec-787-kar-1-040 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:040}

787 KAR 1:050 Social Security number required of employees {#sec-787-kar-1-050 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:050}

787 KAR 1:060 Separation for cause; reports {#sec-787-kar-1-060 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:060}

787 KAR 1:070 Reasonable time for protesting claim {#sec-787-kar-1-070 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:070}

787 KAR 1:080 Labor dispute or strike; notification {#sec-787-kar-1-080 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:080}

787 KAR 1:090 Unemployed worker's reporting requirements {#sec-787-kar-1-090 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:090}

787 KAR 1:100 Week of unemployment defined {#sec-787-kar-1-100 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:100}

787 KAR 1:110 Appeals {#sec-787-kar-1-110 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:110}

787 KAR 1:120 Fees for representing claimant {#sec-787-kar-1-120 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:120}

787 KAR 1:140 Unemployment insurance fund payments {#sec-787-kar-1-140 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:140}

787 KAR 1:150 Interstate claimants {#sec-787-kar-1-150 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:150}

787 KAR 1:160 Time extension for reports and notices {#sec-787-kar-1-160 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:160}

787 KAR 1:170 Value of board and lodging {#sec-787-kar-1-170 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:170}

787 KAR 1:180 Employer's records {#sec-787-kar-1-180 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:180}

787 KAR 1:190 Recoupment and recovery {#sec-787-kar-1-190 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:190}

787 KAR 1:210 Employer contribution rates {#sec-787-kar-1-210 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:210}

787 KAR 1:220 Required reports and due dates {#sec-787-kar-1-220 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:220}

787 KAR 1:230 Date of receipt of documents defined {#sec-787-kar-1-230 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:230}

787 KAR 1:240 Fraud disqualifications {#sec-787-kar-1-240 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:240}

787 KAR 1:250 Release of notice of levy {#sec-787-kar-1-250 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:250}

787 KAR 1:260 Voluntary election of coverage {#sec-787-kar-1-260 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:260}

787 KAR 1:270 Covered employment {#sec-787-kar-1-270 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:270}

787 KAR 1:290 Contract construction rates {#sec-787-kar-1-290 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:290}

787 KAR 1:300 Successorship {#sec-787-kar-1-300 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:300}

787 KAR 1:310 Claimant profiling {#sec-787-kar-1-310 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:310}

787 KAR 1:320 Priority of deductions from benefits {#sec-787-kar-1-320 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:320}

787 KAR 1:360 Overpayment waivers {#sec-787-kar-1-360 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:360}

787 KAR 1:370 Professional Employer Organization contribution and reporting requirements {#sec-787-kar-1-370 omnilex-key=us-ky-regs-official--title-787--787 KAR 1:370}

Chapter 2 Employment Services

787 KAR 2:010 Veterans' benefits {#sec-787-kar-2-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:010}

787 KAR 2:030 Classifying a person as unemployed; appeals {#sec-787-kar-2-030 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:030}

787 KAR 2:040 Local workforce development area governance {#sec-787-kar-2-040 omnilex-key=us-ky-regs-official--title-787--787 KAR 2:040}

Chapter 3 Apprenticeship Standards

787 KAR 3:010 Registration of apprenticeship programs {#sec-787-kar-3-010 omnilex-key=us-ky-regs-official--title-787--787 KAR 3:010}

787 KAR 3:020 Confidentiality of records of the Office of Employer and Apprenticeship Services {#sec-787-kar-3-020 omnilex-key=us-ky-regs-official--title-787--787 KAR 3:020}

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