RELATES TO:

KRS 218A.1431, 224.01-410, 224.99-010

STATUTORY AUTHORITY:

KRS 16.080, 224.01-410

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 224.01-410 requires the Department of Kentucky State Police to promulgate administrative regulations establishing a method for assessing properties when an officer has evidence that methamphetamine has been manufactured in the property. This administrative regulation establishes the method by which the Kentucky State Police shall notify the Energy and Environment Cabinet and the Cabinet for Health and Family Services that a property contains potentially hazardous materials resulting from the manufacture of methamphetamine.

1. Section 1. Reporting. Officers conducting a criminal investigation occurring at a property in which a suspect has manufactured methamphetamine shall complete and submit the Energy and Environment Cabinet's Clandestine Drug Lab Preliminary Assessment Tier Selection Criteria form DEP 1016, incorporated by reference in 401 KAR 101:030.

   1. (1) This form shall not be part of the officer's criminal investigation file and is not a Department of Kentucky State Police form.
   2. (2) Neither the form nor information derived solely from the form shall be used for investigative purposes.
2. Section 2. Distribution. Officers shall complete Energy and Environment Cabinet form, Clandestine Drug Lab Preliminary Assessment Tier Selection Criteria form DEP 1016, incorporated by reference in 401 KAR 101:030, and submit a copy to the Local Health Department, the Energy and Environment Cabinet, and the Department of Public Health.

History

(36 Ky.R. 494; Am. 784; eff. 11-6-2009; Certified to be amended; filing deadline 8-26-2021.)