University of Kentucky v. MooreAnnotate this Case
In this action seeking a declaration that the University of Kentucky is not an agency within the executive branch the Supreme Court affirmed the circuit court's decision that sovereign immunity did not bar this action against the University but reversed the court's holding that the University is not within the executive branch.
The University referred Plaintiff's delinquent UK HealthCare accounts to the Commonwealth, Department of Revenue for collection. The Department's collection efforts included imposition of a twenty-five percent collection fee and interest and garnishment of Plaintiff's paychecks, bank accounts, and tax refunds. Plaintiff petitioned for a declaration that the University was not an agency within the executive branch, as required by Ky. Rev. Stat. 45.237(1)(a), and therefore was not authorized to refer its accounts to the Department. The circuit court trial court granted Plaintiff's motion for declaratory judgment. The Supreme Court affirmed, holding (1) the University is within the executive branch of the state government for purposes of Ky. Rev. Stat. 45.237 et seq.; and (2) sovereign immunity did not bar this declaratory judgment action.