KRS 95A.057: Commission may initiate consideration of dissolution of a fire protection

district or volunteer fire department -- Conditions -- Procedures.

(1) Notwithstanding any provision of KRS 65.166, the commission may initiate

consideration of a dissolution of a fire protection district or volunteer fire

department district providing fire protection services at any time that the

requirements of this section are satisfied and without the petition required under

KRS 65.166.

(2) Upon receipt of a written affidav it from a resident, property owner, or local

government that a fire protection district or volunteer fire department district

formed for the purpose of providing fire protection services has failed to provide

those services or that all or a portion of the services are being provided by another

entity other than the district, the commission may:

(a) Refer the affidavit and any other supporting evidence that it has to the

judge/executive of the county or counties for the county or counties to

consider action to dissolve the special district or to alter its boundaries in

accordance with KRS 65.166(4) to (6); or

(b) Initiate an investigation to be conducted by commission personnel under the

direction of the executive director to determine the validity of the all eged

complaint.

(3) If the commission undertakes an investigation under subsection (2)(b) of this

section, it shall forward its findings in writing to the county or counties forming the

fire protection district or volunteer fire department district and to any party

submitting a written affidavit as set out in subsection (2) of this section. If, after

investigation, the commission finds that the fire protection district or volunteer fire

department district has failed to provide services, or that all or part of the services

are being provided by another entity, the findings shall be considered by the fiscal

court or courts, which may elect to:

(a) Initiate the procedure for dissolution or alteration of the boundaries of the fire

protection district or volunte er fire department district in accordance with

KRS 65.166(4) to (6); or

(b) Vote by a majority of the entire fiscal court membership to permit the

commission to conduct the hearing in accordance with KRS 65.166(4) and

permit the commission to make the writ ten determination for action to either

dissolve or alter the boundaries of the fire protection district or volunteer fire

department district in accordance with KRS 65.166(5). Any decision to

dissolve or alter the boundaries of the fire protection district or volunteer fire

department district shall be ratified by the fiscal court within thirty (30) days

following the issuance of the final written determination of the commission. If

the fiscal court takes no action to ratify the decision of the commission, then

the decision of the commission shall be deemed ratified.