Title XII, Conservation and State Development

(1) All permits issued under KRS 151.140 shall be specific in terms of quantity, time, place and rate of diversion, transfer or withdrawal of public water. Such permits represent a limited right of use and do not vest ownership nor an absolute right to withdraw or use the water. …

In enacting KRS 151B.180 to 151B.210, it is the intention of the General Assembly of Kentucky to provide for and improve the vocational rehabilitation of citizens of the Commonwealth of Kentucky with physical and mental disabilities in order that they may increase their social an…

modification or revocation of permit. (1) Whenever the cabinet has reason to believe that a violation of any of the provisions of this chapter or any regulation promulgated pursuant thereto has occurred, it may issue and serve upon the person complained against a written notice o…

- Use of counsel -- Subpoena power -- Hearings to be public. (1) All hearings under this chapter shall be held before a qualified hearing officer, who may be a full-time employee of the cabinet, serve by contract, or be paid on a per diem basis at the discretion of the cabinet. A…

(1) The Office of Vocational Rehabilitation is hereby created within the Education and Labor Cabinet, Department of Workforce Development. The office shall consist of an executive director and those administrative bodies and employees provided or appointed pursuant to law. The of…

(1) Appeals may be taken from all final orders of the cabinet. Within thirty (30) days from entry of the final order the appeal shall be taken to the Circuit Court of the county where the structure or activity which is the subject of the order is located. The party or parties aff…

Vocational rehabilitation services shall be provided directly or through public or private instrumentalities to any individual with a physical or mental disability: (1) Who maintains a domicile in the Commonwealth at the time of filing his application therefor, and whose vocation…

Rehabilitation -- Annual report. (1) The executive director of the Office of Vocational Rehabilitation: (a) Shall promulgate administrative regulations in accordance with KRS Chapter 13A governing the services, personnel, and administration of vocational rehabilitation services f…

This state accepts and agrees to comply with all the provisions of the Acts of Congress of the United States approved June 2, 1920 (41 Stat. 735) relating to vocational rehabilitation and all subsequent acts when such acts apply to joint state and federally funded vocational reha…

or diversion of water between streams or watersheds. (1) Notwithstanding the existence of any permits for the withdrawal, diversion, or transfer of public water, in times of drought, emergency, or other similar situations requiring a balancing of the rights and available water be…

The State Treasurer is hereby designated as the custodian of all funds. The State Treasurer shall make disbursements for vocational rehabilitation purposes upon certification by the executive director of the Office of Vocational Rehabilitation.

The executive director of the Office of Vocational Rehabilitation may accept and use gifts made by will or otherwise for carrying out the purposes of KRS 151B.180 to 151B.210. Gifts made under such conditions as in the judgment of the executive director of the Office of Vocationa…

conserving water, permitted when. (1) Any owner of land contiguous to public water shall at all times have the right to the use of water therefrom to satisfy his needs for domestic purposes, which shall include water for household purposes, drinking water for poultry, livestock a…

The General Assembly finds and declares that it is the policy of the Commonwealth of Kentucky that competitive integrated employment shall be considered the first and primary option for persons with disabilities of working age who desire to become employed.

- Meetings. (1) For the purposes of KRS 151B.211 to 151B.214, "competitive integrated employment" means work that is performed on a full-time or part-time basis for which an individual is: (a) Earning compensation at or above minimum wage and comparable to the customary rate paid…

The Employment First Council shall: (1) Identify state policies that create disincentives for the employment of people with disabilities and develop recommendations to address and eliminate those disincentives; (2) Develop training and resources for families, self-advocates, publ…

Nothing in KRS 151B.211 to 151B.214 shall be construed to require any employer to give preference to hiring persons with disabilities nor shall anything be construed to mandate that those program participants having no desire to become employed be forced to do so.

The cabinet shall: (1) Undertake for and as the official agency of the state, such studies and prepare such reports and recommendations as may be necessary to establish a statewide program of flood control, including major drainage, and a statewide program for the development of …

On its own initiative or when so directed by the Governor, the cabinet shall make a preliminary survey and report of any project which involves or might involve expenditure of state funds or construction work by the State of Kentucky in the construction, reconstruction, or mainte…

Meetings. (1) The Statewide Council for Vocational Rehabilitation is hereby created within the Office of Vocational Rehabilitation to accomplish the purposes and functions enumerated in 29 U.S.C. secs. 701 et seq. Members of the council shall be appointed by the Governor pursuant…

obstruction to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources. (1) Notwithstanding any other provision of law, no person and no city, county, or other political subdivision of the state, including levee districts, drainage districts, …

action plan administrative regulation. (1) All applications for permits required by KRS 151.250 shall be in the form and manner prescribed by the cabinet. (2) Unless waived by the cabinet, all plans and specifications submitted for approval shall be drawn by an engineer, licensed…

Deviation from approved plans. (1) Any person, county, city or other political subdivision of the state who shall begin on the site preparation for the construction, reconstruction, relocation or improvement of any project prior to the issuance of the permit required in KRS 151.2…

Meetings -- Milestones and reports. (1) The Kentucky Education and Workforce Collaborative is hereby created for the purpose of ensuring the continued implementation of the Kentucky Workforce Innovation Board's strategic plan. (2) The Kentucky Education and Workforce Collaborativ…

Transfer of ownership of water barrier -- Responsibility for safety after transfer -- Approval of transfer. (1) The cabinet shall enforce compliance with all applicable laws and regulations of all dams, reservoirs, levees, embankments, or other water barriers owned by the Commonw…

Administrative regulations. (1) Within sixty (60) days of completion of an on-site inspection of an existing dam, the cabinet shall prepare an inspection report and notify the owner in writing. (2) The cabinet may impose such conditions relating to the inspection, operation, main…

The public safety and welfare requiring it, the secretary shall conduct a program of regular inspections of dams and reservoirs within the state. The frequency of such inspections shall be as determined by the secretary, who may establish different inspection intervals.

required work -- Hearings. (1) Whenever the cabinet determines that any person to which a certificate of inspection has been issued has failed to comply with the conditions in said certificate or whenever the cabinet determines that life or property are or may be endangered by th…

costs -- Foreclosure sale to satisfy judgment. Whenever the secretary takes action authorized by KRS 151.297, the owner or owners of the dam or the dams creating the impoundment, or levee, embankment, or other water barriers at which such action was taken shall be jointly and sev…

As used in KRS 151B.300 to 151B.335, unless the context indicates otherwise: (1) "Individual with disabilities" means any individual who is considered to have a mental or physical disability, impairment, or handicap for purposes of any other law of this state or of the United Sta…

failure to furnish -- Nonexclusivity of warranty. (1) A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall expressly warrant that the assistive device shall be free of any condition, defect…

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessor within one (1) year after first possession of the assistive device by the consumer, the manufactu…

No person, city, county, or other political subdivision of the state shall deposit or cause to be deposited any matter that will in any way restrict or disturb the flow of water in the channel or in the floodway of any stream except where a permit has been issued for construction…

reasonable attempt -- Lease value -- Allowance for use. (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out, at the option of the consumer, the requirements under paragraph (a) or (b) of this subsection. (a) To provide…

No assistive device returned by a consumer or assistive device lessor in this state or returned in another state as a result of a nonconformity to a warranty may be sold or leased in this state unless full disclosure of the reason for return is made to a prospective buyer or less…

(1) The mayor or chief executive officer of each city and the county judge/executive of each county, shall have the concurrent duty of enforcing with the cabinet, within their respective cities and counties, the provisions of KRS 151.250, 151.280 and 151.310 and rules and regulat…

reimbursement during warranty repair -- Conditions. (1) Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the…

remedies -- Nonwaiverability. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of KRS 151B.300 to 151B.335 in a court of appropriate jurisdiction in the county where the consumer resides or where the man…

KRS 151B.300 to 151B.335 may be cited as the "Kentucky New Assistive Device Warranty Act."

The General Assembly of the Commonwealth of Kentucky finds and declares that: (1) The economic future of the Commonwealth and the prosperity of its citizens depend on the ability of Kentucky businesses to compete effectively in the world economy; (2) A well-educated and highly tr…

Diplomas -- Incentives -- Administrative regulations -- Learning contracts -- Tuition discounts -- Tax credit for employers -- Annual report. (1) The General Assembly recognizes the critical condition of the educational level of Kentucky's adult population and seeks to stimulate …

readiness standards -- High School Equivalency Diploma -- Programs and examinations -- Previously issued equivalency or external diploma to be considered High School Equivalency Diploma -- Validity of diplomas after changes in test selection. (1) The Office of Adult Education wit…

As used in KRS 151B.402, 151B.403, 151B.407, and 151B.408, unless the context indicates otherwise: (1) "Adult education" means, for programs funded under the federal Workforce Innovation and Opportunity Act, services or instruction below the postsecondary level for individuals: (…

Organization -- Sole agency for developing and approving state plans. (1) The Office of Adult Education is created within the Department of Workforce Development in the Education and Labor Cabinet to carry out the statewide adult education mission. The office shall implement a tw…

(1) There is hereby established a nonprofit foundation to be known as the "Foundation for Adult Education." The purpose of the foundation shall be to supplement public funding for adult training in order to expand existing basic skills training programs. (2) Funding for the found…

responsibilities of the Office of Adult Education. (1) (a) The Office of Adult Education shall promulgate necessary administrative regulations and administer a statewide adult education and literacy system throughout the state. The adult education and literacy system shall includ…

(1) There is created in the Education and Labor Cabinet a special fund to be known as the adult education and literacy initiative fund, which shall consist of moneys appropriated by the General Assembly, gifts, grants, other sources of funding, public and private, and interest ac…

No less than eighty-five percent (85%) of general fund moneys appropriated by the General Assembly to the Office of Adult Education shall be used for programs to fulfill the adult education mission and goals enumerated in KRS 151B.402, 151B.403, 151B.406, and 151B.408. The Office…

(1) The Education and Labor Cabinet is hereby directed to establish, within one hundred eighty (180) days of July 14, 2022, a job placement assistance program to assist individuals enrolled in the state's medical assistance program established in KRS Chapter 205 in finding employ…

As used in KRS 151B.450 to 151B.475, unless the context requires otherwise: (1) "Assistive technology" means any item, piece of equipment, or device that enables an individual with a disability to improve his or her independence and quality of life; (2) "Board" means the board of…