Kentucky Statutes 342.843 – Monitoring of operations of authority by Attorney General and Auditor of Public Accounts — Report to General Assembly
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(1) The Attorney General and the Auditor of Public Accounts shall monitor the operations of the authority.
(2) Either the Attorney General or the Auditor of Public Accounts, or both, may make at any time any examinations or investigations, jointly or severally, of the operations, practices, management, or other matters relating to the authority as they deem necessary. Either of them shall have the power to subpoena witnesses and records for these purposes, and otherwise to compel the giving of evidence for any matter under study. The Attorney General, the Auditor of Public Accounts, or any employee authorized by either of them may require the giving of this evidence under oath and may administer the oath. Any person voluntarily providing information or evidence may be required to do so under oath administered by the Attorney General, the Auditor of Public Accounts, or any employee authorized by either of them. If any person fails or refuses to testify or furnish documentary evidence concerning any matter requested, the Franklin Circuit Court, on application of either the Attorney General or the Auditor of Public Accounts or both, may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the Circuit Court or of a refusal to testify in the Circuit Court.
(3) The Attorney General and the Auditor of Public Accounts shall have without restriction:
(a) Full access to all records of the authority, except that confidential medical records of employees of insureds are available only by subpoena;
(b) Full access to all financial transactions and investigations of the authority; and
(c) The right to attend all meetings of the board and its committees.
(4) If fraud, mismanagement, illegal activity, imprudent practices, or other deficiencies are found in the operations or other practices of the authority, the Attorney General or Auditor of Public Accounts, or both shall:
(a) Recommend internal corrective action;
(b) Institute a civil action or action for injunctive relief to compel corrective action;
(c) Institute criminal proceedings against any officer or employee of the authority or any other person, as defined in KRS § 446.010, as may be necessary; or
(d) Any combination of the above listed actions or any other form of action reasonably calculated to assure efficient and honest operations of the authority and those involved with it.
(5) The Attorney General and the Auditor of Public Accounts shall report jointly to the General Assembly in January of each year in which the General Assembly convenes in an even-numbered-year regular session the results of the monitoring activities required by this section.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 58, sec. 24, effective June 21, 2001. — Amended
1998 Ky. Acts ch. 361, sec. 8, effective July 15, 1998. — Created 1994 Ky. Acts ch.
181, Part 12, sec. 61, effective April 4, 1994.
(2) Either the Attorney General or the Auditor of Public Accounts, or both, may make at any time any examinations or investigations, jointly or severally, of the operations, practices, management, or other matters relating to the authority as they deem necessary. Either of them shall have the power to subpoena witnesses and records for these purposes, and otherwise to compel the giving of evidence for any matter under study. The Attorney General, the Auditor of Public Accounts, or any employee authorized by either of them may require the giving of this evidence under oath and may administer the oath. Any person voluntarily providing information or evidence may be required to do so under oath administered by the Attorney General, the Auditor of Public Accounts, or any employee authorized by either of them. If any person fails or refuses to testify or furnish documentary evidence concerning any matter requested, the Franklin Circuit Court, on application of either the Attorney General or the Auditor of Public Accounts or both, may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the Circuit Court or of a refusal to testify in the Circuit Court.
Terms Used In Kentucky Statutes 342.843
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Workers' Compensation Board. See Kentucky Statutes 342.0011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Oath: A promise to tell the truth.
- Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. See Kentucky Statutes 342.0011
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The Attorney General and the Auditor of Public Accounts shall have without restriction:
(a) Full access to all records of the authority, except that confidential medical records of employees of insureds are available only by subpoena;
(b) Full access to all financial transactions and investigations of the authority; and
(c) The right to attend all meetings of the board and its committees.
(4) If fraud, mismanagement, illegal activity, imprudent practices, or other deficiencies are found in the operations or other practices of the authority, the Attorney General or Auditor of Public Accounts, or both shall:
(a) Recommend internal corrective action;
(b) Institute a civil action or action for injunctive relief to compel corrective action;
(c) Institute criminal proceedings against any officer or employee of the authority or any other person, as defined in KRS § 446.010, as may be necessary; or
(d) Any combination of the above listed actions or any other form of action reasonably calculated to assure efficient and honest operations of the authority and those involved with it.
(5) The Attorney General and the Auditor of Public Accounts shall report jointly to the General Assembly in January of each year in which the General Assembly convenes in an even-numbered-year regular session the results of the monitoring activities required by this section.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 58, sec. 24, effective June 21, 2001. — Amended
1998 Ky. Acts ch. 361, sec. 8, effective July 15, 1998. — Created 1994 Ky. Acts ch.
181, Part 12, sec. 61, effective April 4, 1994.