{"data":{"id":"us-ky/krs-133.040","jurisdiction":"us-ky","citation":"KRS 133.040","heading":"Completion of tax roll -- Recapitulation, filing, preservation, distribution --","body":"Correction of assessment -- Failure to submit an acceptable recapitulation.\n(1) The property valuation administrator shall complete the tax roll of all real property\nin his county before the first Monday in April of each year in accordance with law,\nand on or before that date he shall file with the department, on forms provided by\nthe department, a recapitulation of all property assessed on the tax roll with his\nofficial ce rtificate attached. The recapitulation shall show the assessment of\nproperty by type of property and by taxing district. Within fifteen (15) calendar days\nafter receiving the recapitulation, the department shall direct the property valuation\nadministrator to make any changes that are necessary to correct the assessment. The\ndepartment shall preserve all recapitulations and schedules or a photographic\nfacsimile for a period of seven (7) years from the assessment date.\n(2) At the time the property valuation administrator submits his property recapitulations\nto the department, he shall submit a copy of the recapitulations to the county\njudge/executive, the treasurer or chief officer of each special district in the county,\nthe chief executive officer of an urban -county, charter county, unified local\ngovernment, or consolidated local government, the mayor of each city electing to\nuse the annual county assessment pursuant to KRS 132.285, and the superintendent\nof each local school district in his county.\n(3) Beginning with the 1995 assessment year, if the property valuation administrator\nhas not submitted an acceptable recapitulation to the department by the first\nMonday in August, the department shall, within fifteen (15) days, conduct an\ninvestigation into the rea sons for the failure. The department shall notify the\nproperty valuation administrator in writing of his right to appear before the\ncommissioner or his designee during the investigation to provide an explanation for\nthe failure to submit an acceptable reca pitulation. At any time after the completion\nof an investigation resulting in a finding that the failure to submit an acceptable\nrecapitulation was not reasonably justified, the department may declare an\nemergency assessment under the provisions of KRS 132.660.\n(4) If the commissioner determines upon the conclusion of the investigation that the\nfailure to submit an acceptable recapitulation was not reasonably justified, the\ncommissioner shall notify the property valuation administrator in writing of the\ndepartment's findings, and of the department's intent to suspend the property\nvaluation administrator's compensation as of the date of the notification and until\nthe date an acceptable recapitulation is submitted. The notification shall inform the\nproperty valuation administrator that the amount of compensation suspended under\nthis subsection is subject to forfeiture as provided in subsection (5) of this section.\n(5) The property valuation administrator may, within ten (10) days of the date of notice\nprovided for in subsection (4) of this section, request in writing a formal\nadministrative hearing before a department hearing officer appointed by the\ncommissioner. All hearings shall be conducted in accordance with KRS Chapter\n13B. If in the recommended order:\n(a) The hearing officer determines, and the commissioner agrees, that the failure\nto submit an acceptable recapitulation was not reasonably justified, the\ncommissioner shall reaffirm the notice of forfeiture provided for in subsection\n(4) of this section and  issue a final order in writing to the property valuation\nadministrator.\n(b) The hearing officer determines, and the commissioner agrees, that the failure\nto submit an acceptable recapitulation was reasonably justified, the\ncommissioner shall notify the property valuation administrator in a final order,\nand compensation suspended under subsection (4) of this section shall be paid\nwith interest at the tax interest rate defined in KRS 131.010(6).\n(6) If the property valuation administrator does not request in  writing a formal\nadministrative hearing within the time prescribed in subsection (5) of this section,\nthe commissioner shall reaffirm the notice of forfeiture provided for in subsection\n(4) of this section and issue a final order in writing to the propert y valuation\nadministrator.\n(7) The property valuation administrator may appeal the commissioner's final order in\nthe same manner, and subject to the same provisions as set forth in KRS\n132.370(7).\n(8) A property valuation administrator who fails to submit an acceptable recapitulation,\nwithin the times prescribed in subsection (3) of this section and after a previous\nfinding that a prior year's failure to submit an acceptable recapitulation was\ndetermined to not be reasonably justified, shall be subject to r emoval from office as\nprovided by KRS 132.370(4).","path":["KRS Chapter 133"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=28332","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:24Z","sha256":"ea3af227c7f7493e3ac87820e2345978e21dcc9cec9a1815e43d78447c840707","source_id":"us-ky","stale":false,"prev":"us-ky/krs-133.030","next":"us-ky/krs-133.045"},"notice":"GroundRules: Original legal text. Not legal advice."}
