40 KAR 9:020 - Local government application procedure

RELATES TO: KRS 15.291, 15.293

NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.291(6)_requires the Kentucky Opioid Abatement Advisory Commission (the "commission") to promulgate administrative regulations to administer funds received by the commission and to oversee the use of funds received under KRS 15.293(4). KRS 15.293 requires each recipient of funds under KRS 15.293(4) to submit certifications that the use of opioid abatement funds is consistent with the criteria in KRS 15.291(5), a description of the use of the funds, and other information as the commission requests through the promulgation of administrative regulations. This administrative regulation establishes the procedure for a county, consolidated local government, urban-county government, or city of the Commonwealth that receives funds under KRS 15.293(4) to certify use consistent with KRS 15.293.

Section 1. Covered Governmental Bodies. Any county, consolidated local government, urban-county government, or city in the Commonwealth that received or will receive opioid funds under KRS 15.293(4) shall be a covered governmental body.

Section 2. Duties of Covered Governmental Bodies.

(1) Consistent with KRS 15.293(4)(c) 2., a covered governmental body shall submit notarized quarterly KYOAAC Certification forms, incorporated by reference in 40 KAR 9:010, to the commission due by:

(a) March 31;

(b) June 30;

(c) September 30; and

(d) December 31.

(2) Certifications shall be required until the recipient exhausts all funds received pursuant to KRS 15.291 or 15.293 and until the recipient has submitted a certification stating that all funds have been exhausted.

Section 3. Noncompliance.

(1) Noncompliance shall include:

(a) Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or related regulations;

(b) Failure to meet certification submission deadlines; or

(c) Failure to expend funds in conformity with the enumerated purposes set forth in KRS 15.291, pursuant to KRS 15.293(5).

(2) The commission shall require covered governmental bodies to reimburse the commission for any funds expended in a noncompliant manner.

(3) The commission shall report noncompliance to the Department of Law for determination as to if further action is necessary to ensure compliance with opioid-related agreements.

Notes

40 KAR 9:020

49 Ky.R. 1565; eff. 1/6/2023; 49 Ky.R. 1709, 2273; eff. 7/24/2023.

STATUTORY AUTHORITY: KRS 15.291(6), 15.293