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KRS 194A.050

Execution of policies, plans, and programs -- Administrative regulations -- Fees

Applied in 2 court decisions — leading case K & P Grocery, Inc. v. Commonwealth (2002)

Most recently applied in Kroger Ltd. Partnership I v. Cabinet for Health Services, Commonwealth (September 2005)

Effective: July 15, 2020 History: Amended 2020 Ky

(1) The secretary shall formulate, promote, establish, and execute policies, plans, and comprehensive programs and shall adopt, administer, and enforce throughout the Commonwealth all applicable state laws and all administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the Commonwealth and necessary to operate the programs and fulfill the responsibilities vested in the cabinet. The secretary shall promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs.

(2) (a) Except as otherwise provided by law, the secretary shall have authority to establish by administrative regulation a schedule of reasonable fees. The total fees for permitting and inspection:

1. Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185;

2. Beginning on March 17, 2020, until December 31, 2020, shall not increase more than twenty-five percent (25%) of the fee amount on March 17, 2020; and 3. Beginning on or after January 1, 2021, shall not increase more than five percent (5%) for each year thereafter.

(b) The fees shall cover the costs of annual inspections of efforts regarding compliance with program standards administered by the cabinet.

(c) All fees collected for inspections shall be deposited in the State Treasury and credited to a revolving fund account to be used for administration of those programs of the cabinet. The balance of the account shall lapse to the general fund at the end of each biennium. Fees shall not be charged for investigation of complaints.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.