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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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