Kentucky Statutes 151B.455 – Kentucky Assistive Technology Loan Corporation — Board of directors — Qualifications — Appointment — Terms — Vacancy — Removal
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(1) The Kentucky Assistive Technology Loan Corporation is created and established as an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky to perform essential governmental and public functions for the purpose of improving the quality of life for disabled persons who are residents of the Commonwealth of Kentucky by providing the ability to obtain low-interest loans to qualified borrowers for the acquisition of assistive technology.
(2) The corporation shall be governed by a board of directors consisting of seven
(7) members as follows:
(a) The secretary of the Education and Labor Cabinet or the secretary’s designated representative;
(b) One (1) attorney with lending expertise;
(c) One (1) representative of a financial lending institution; and
(d) Four (4) public members with a knowledge of assistive technology representing a range of disabilities.
(3) All board members shall be residents of the Commonwealth of Kentucky and all, with the exception of the secretary or the secretary’s designee, shall be appointed by the Governor. Each public member shall be an individual with a disability, a parent of an individual with a disability, or a legal representative of an individual with a disability. In making appointments the Governor shall seek recommendations from disability-related associations and organizations representing the categories of disabilities for which appointments are being made.
(4) For initial appointments to the board, two (2) public members shall be appointed for terms of four (4) years each, two (2) public members for terms of three (3) years each, the attorney member for a term of two (2) years, and the member representing a financial lending institution for a term of one (1) year. All succeeding terms shall be for a period of four (4) years each, and each appointee shall serve for the appointed term and until a successor has been appointed and has duly qualified. No person shall serve more than two (2) successive full terms.
(5) If a vacancy on the board occurs, the Governor shall appoint a replacement who shall hold office during the remainder of the term vacated.
(6) The Governor may remove any board member in case of incompetency, neglect of duties, gross immorality, or malfeasance in office, and may upon removal declare the position vacant and appoint a person to fill the vacancy as provided in other cases of vacancy. If a board member is so removed, he or she may appeal. Upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 40, effective July 1, 2022. — Amended 2009 Ky. Acts ch. 11, sec. 28, effective June 25, 2009. — Amended
2006 Ky. Acts ch. 211, sec. 57, effective July 12, 2006. — Created 1996 Ky. Acts ch. 222, sec. 2, effective July 15, 1996.
(2) The corporation shall be governed by a board of directors consisting of seven
Terms Used In Kentucky Statutes 151B.455
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Year: means calendar year. See Kentucky Statutes 446.010
(7) members as follows:
(a) The secretary of the Education and Labor Cabinet or the secretary’s designated representative;
(b) One (1) attorney with lending expertise;
(c) One (1) representative of a financial lending institution; and
(d) Four (4) public members with a knowledge of assistive technology representing a range of disabilities.
(3) All board members shall be residents of the Commonwealth of Kentucky and all, with the exception of the secretary or the secretary’s designee, shall be appointed by the Governor. Each public member shall be an individual with a disability, a parent of an individual with a disability, or a legal representative of an individual with a disability. In making appointments the Governor shall seek recommendations from disability-related associations and organizations representing the categories of disabilities for which appointments are being made.
(4) For initial appointments to the board, two (2) public members shall be appointed for terms of four (4) years each, two (2) public members for terms of three (3) years each, the attorney member for a term of two (2) years, and the member representing a financial lending institution for a term of one (1) year. All succeeding terms shall be for a period of four (4) years each, and each appointee shall serve for the appointed term and until a successor has been appointed and has duly qualified. No person shall serve more than two (2) successive full terms.
(5) If a vacancy on the board occurs, the Governor shall appoint a replacement who shall hold office during the remainder of the term vacated.
(6) The Governor may remove any board member in case of incompetency, neglect of duties, gross immorality, or malfeasance in office, and may upon removal declare the position vacant and appoint a person to fill the vacancy as provided in other cases of vacancy. If a board member is so removed, he or she may appeal. Upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 40, effective July 1, 2022. — Amended 2009 Ky. Acts ch. 11, sec. 28, effective June 25, 2009. — Amended
2006 Ky. Acts ch. 211, sec. 57, effective July 12, 2006. — Created 1996 Ky. Acts ch. 222, sec. 2, effective July 15, 1996.