{"data":{"id":"us-ky/krs-11a.080","jurisdiction":"us-ky","citation":"KRS 11A.080","heading":"Investigation of complaints -- Procedures -- Findings -- Resolution.","body":"(1) (a) Upon a complaint signed under penalty of perjury by any person, or upon its\nown motion, the commission shall conduct a preliminary investigation of any\nalleged violation of this chapter.\n(b) The preliminary investigation shall begin not later than ten (10) days after the\nnext commission meeting following the receipt of the sworn complaint, or, if\nthe investigation is initiated by the commission's own motion, not later than\nten (10) days after the date of the adoption of the motion.\n(c) Within ten (1 0) days of the commencement of the preliminary investigation,\nthe commission shall forward a copy of the complaint, if one has been filed, or\na statement of possible violations being investigated, and a general statement\nof the applicable law to the person alleged to have committed a violation.\n(d) For each complaint filed by a person other than the commission or a member\nof the commission, the commission shall make a finding as to whether the\ncomplaint is:\n1. Well-grounded in fact;\n2. Warranted by existing law; and\n3. Filed for a good -faith argument or reason and not for any improper\npurpose, such as for political advantage, to harass or embarrass a person\nor persons, to cause delays, or to increase the costs of adjudicating a case\nbefore the commission.\n(2) All commission proceedings and records relating to a preliminary investigation\nshall be confidential until a final determination is made by the commission, except:\n(a) The commission may turn over to the Attorney General, the United States\nAttorney, or t he Commonwealth's attorney of the jurisdiction in which the\noffense allegedly occurred, evidence which may be used in criminal\nproceedings or, at its discretion, may at any time turn over to the Personnel\nBoard, the Auditor of Public Accounts, or any other  agency with jurisdiction\nto review, audit, or investigate the alleged offense, evidence which may be\nused by those agencies for investigative purposes;\n(b) If the alleged violator publicly discloses the existence of a preliminary\ninvestigation, the commis sion may publicly confirm the existence of the\ninquiry and, in its discretion, make public any documents which were issued\nto either party;\n(c) If the matter being investigated was referred to the commission from another\nstate agency, the commission may in form the referring state agency of the\nstatus of any preliminary investigation and of any action taken on the matter.\n(3) If the commission determines in the preliminary investigation that the facts are not\nsufficient to constitute a violation of this chapter, the commission shall immediately\nterminate the investigation and notify in writing the complainant, if any, and the\nperson alleged to have committed a violation. The commission may confidentially\ninform the alleged violator of potential violations and provide information to ensure\nfuture compliance with the law. If the alleged violator publicly discloses the\nexistence of  such action by the commission, the commission may confirm the\nexistence of the resolution and, in its discretion, make public any documents which\nwere issued to the alleged violator.\n(4) If the commission, during the course of the preliminary investigation, finds probable\ncause to believe that a violation of this chapter has occurred, the commission may,\nupon majority vote:\n(a) Due to mitigating circumstances such as lack of significant economic\nadvantage or gain by the alleged violator, lack of significan t economic loss to\nthe state, or lack of significant impact on public confidence in government, in\nwriting, confidentially reprimand the alleged violator for potential violations\nof the law and provide a copy of the reprimand to the alleged violator's\nappointing authority, if any. If the alleged violator publicly discloses the\nexistence of such an action, the commission may confirm the existence of the\naction and, in its discretion, make public any documents which were issued to\nthe alleged violator; or\n(b) Initiate an administrative proceeding to determine whether there has been a\nviolation.\n(5) If the commission determines that a violation of this chapter has occurred in a case\ninvolving a contract with state government, the secretary of the Finance and\nAdministration Cabinet may void any contract related to that case.\n(6) If the commission determines that a violation of the provisions of KRS 11A.001 to\n11A.130 has occurred, an employer of a former officer or public servant may be\nsubject to a fine of up to one thousand dollars ($1,000) for each offense.","path":["KRS Chapter 11A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53070","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:28Z","sha256":"aa40d66c7acac085ebbe5523fa3947b3b4197842428a686cadfcc2b4d8c7be6b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-11a.070","next":"us-ky/krs-11a.090"},"notice":"GroundRules: Original legal text. Not legal advice."}