RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 15.291(6)_ requiresand 15.293 permit 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 abatementsuch funds is consistent with the criteria in KRS 15.291(5), a description of the use of thesuch funds, and other information as the commission requests through the promulgation of administrative regulations. Therefore, 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.

1. 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.

2. Section 2. Duties of Covered Governmental Bodies.

   1. (1) Consistent with KRS 15.293(4)(c)2., a(4)(c)(2), covered governmental bodybodies shall submit notarized quarterly KYOAAC Certification forms, incorporated by reference in 40 KAR 9:010,certifications to the commission due byon the following dates of the calendar year:

      1. (a) March 31;
      2. (b) June 30;
      3. (c) September 30; and
      4. (d) December 31.
   2. (2) Covered governmental bodies shall submit certifications using the KYOAAC Certification Form, which is incorporated by reference in 40 KAR 9:010.
   3. (3) Certifications shall beare 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 such funds have been exhausted.

3. Section 3. Noncompliance.

   1. (1) Noncompliance shall include:

      1. (a) Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or related regulations;
      2. (b) Failure to meet certification submission deadlines; or
      3. (c) Failure to expend funds in conformity with the enumerated purposes set forth in KRS 15.291, pursuant to KRS 15.293(5).
   2. (2) The commission shall require covered governmental bodies to reimburse the commission for any funds expended in a noncompliant manner.
   3. (3) The commission shall report noncompliance to the Department of Law for determination as to ifwhether further action is necessary to ensure compliance with opioid-related agreements.

History

(49 Ky.R. 1709, 2273; eff. 7-24-2023.)

FILED WITH LRC: May 9, 2023

CONTACT PERSON: Alison Chavies, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601-3449, phone 502-696-5638, fax 502-564-2894, email alison.chavies@ky.gov.