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344.560 Agencies and departments required to effectuate KRS 344.555.
Each state department and agency which is empowered to extend state financial
assistance to any education program or activity, by way of grant, loan, or contract
other than a contract of insurance or guaranty, shall effectuate the provisions of KRS
344.555 with respect to such program or activity by promulgating administrative
regulations of general applicability which shall be consistent with achievement of the
objectives of the statute authorizing the financial assistance in connection with which
the action is taken. This section shall not apply to a state department or agency
which extends state financial assistance to an education institution if the amount of
state financial assistance extended by the state department or agency represents
less than two percent (2%) of the total state financial assistance received by the
education institution. Compliance with any requirement adopted pursuant to this
section shall be effected:
(1) By the termination of or refusal to grant or to continue assistance under such
program or activity to any recipient as to whom there has been an express
finding on the record, after opportunity for hearing, of a failure to comply with
such requirement, but such termination or refusal shall be limited to the
particular political entity, or part thereof, or other recipient as to whom such a
finding has been made, and shall be limited in its effect to the particular
program, or part thereof, in which the noncompliance has been found; or
(2) By any other means authorized by law.
However, no action shall be taken until the department or agency concerned has
advised the appropriate person or persons of the failure to comply with the
requirement and has determined that compliance cannot be secured by voluntary
means. In the case of any action terminating, or refusing to grant or continue,
assistance because of failure to comply with a requirement imposed pursuant to this
section, the chief officer of the state department or agency shall file with the
committees of the House of Representatives and Senate having legislative
jurisdiction over the program or activity involved a full written report of the
circumstances and the grounds for such action. No such action shall become
effective until thirty (30) days have elapsed after the filing of such report.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 462, sec. 3, effective July 13, 1990.
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