Kentucky Statutes 45A.460 – Recovery of value of anything transferred or received in breach of ethical standards
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(1) The value of anything transferred or received in breach of the ethical standards of KRS § 45A.345 to KRS § 45A.990 or regulations or rules issued thereunder by an employee or a nonemployee may be recovered from both the employee and the nonemployee.
(2) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the local public agency and will be recoverable hereunder from the recipient. In addition, said value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery against other offending parties.
Effective: January 1, 1980
History: Created 1978 Ky. Acts ch. 110, sec. 93, effective January 1, 1980.
(2) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the local public agency and will be recoverable hereunder from the recipient. In addition, said value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery against other offending parties.
Effective: January 1, 1980
History: Created 1978 Ky. Acts ch. 110, sec. 93, effective January 1, 1980.