Kentucky Statutes 15.610 – Primary jurisdiction
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(1) No inspecting agency shall conduct an inspection or employ a standard relating to a condition over which another inspecting agency or the federal government has primary jurisdiction, except under an agreement with the entity having primary jurisdiction, or an order of the Attorney General, adopted under KRS § 15.605 to
15.635.
(2) If a question of primary jurisdiction over a condition involves two or more governmental agencies, the agencies shall attempt to determine which of the agencies has primary jurisdiction over the condition under existing law. If the inspecting agencies cannot determine which agency has primary jurisdiction, they shall immediately refer the question to the Attorney General, who shall determine, based upon existing law, which of the agencies has primary jurisdiction.
Effective: July 1, 1978
History: Created 1976 Ky. Acts ch. 46, sec. 2, effective July 1, 1978.
15.635.
Terms Used In Kentucky Statutes 15.610
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) If a question of primary jurisdiction over a condition involves two or more governmental agencies, the agencies shall attempt to determine which of the agencies has primary jurisdiction over the condition under existing law. If the inspecting agencies cannot determine which agency has primary jurisdiction, they shall immediately refer the question to the Attorney General, who shall determine, based upon existing law, which of the agencies has primary jurisdiction.
Effective: July 1, 1978
History: Created 1976 Ky. Acts ch. 46, sec. 2, effective July 1, 1978.