{"data":{"id":"us-ky/krs-278.040","jurisdiction":"us-ky","citation":"KRS 278.040","heading":"Public Service Commission operations -- Hearings -- Compensation --","body":"Contracts -- Jurisdiction -- Regulations.\n(1) (a) The Public Service Commission shall constitute an independent department of\nstate government within the meaning of KRS Chapter 1 2 and shall be\nadministratively attached to the Energy and Environment Cabinet only for\nthose limited functions and purposes expressly requested by the commission\nto be performed by the Energy and Environment Cabinet.\n(b) The commission shall have sole dis cretion as to which functions shall be\ndeemed necessary for its efficient operation.\n(c) The commission shall consist of the five (5) commissioners appointed under\nKRS 378.038, an executive director appointed under KRS 278.100, and other\nagents and employe es as necessary to carry out the commission's obligations\nunder this chapter.\n(2) Notwithstanding any provision of law to the contrary:\n(a) The commission shall conduct all procurements necessary for the\nperformance of its duties in accordance with the pro curement procedures\noutlined in KRS Chapter 45A, this chapter, and the administrative regulations\npromulgated under this chapter, but the commission shall not be subject to\nany provision of KRS Chapter 45A that requires the approval of any Finance\nand Administration Cabinet official for the commission to proceed with any\naspect of the procurement process;\n(b) Upon approval of the commission, the executive director shall be deemed the\nchief purchasing officer for the purposes of conducting procurements for the\ncommission and shall have all of the authority and responsibility with regard\nto the commission's procurements as the secretary of the Finance and\nAdministration Cabinet has for procurements under KRS Chapter 45A; and\n(c) In the bidding and negotiation  processes, the executive director, upon\napproval of the commission, shall perform his or her own bidding and\nprocurement in accordance with the procedures established by KRS Chapter\n45A.\n(3) (a) Except as provided in paragraph (b) of this subsection, in a ny matter to be\ndecided by the commission, the chair of the commission shall assign three (3)\ncommissioners to hear and decide the matter. No more than two (2) of the\nassigned commissioners shall be of the same political party.\n(b) In his or her sole discretion, the chair may assign all five (5) commissioners to\nhear and decide a matter before the commission.\n(4) (a) Notwithstanding KRS 64.640 or any provision of KRS Chapter 18A to the\ncontrary, the commission may, in its sole discre tion, identify and determine\nthe compensation for categories of its professional employees at the amounts\nit deems necessary to recruit and retain employees who have the experience,\nexpertise, and education required to perform their job responsibilities wi th the\ncommission.\n(b) Noncontractual employees of the commission shall otherwise be subject to the\nrequirements and benefits of KRS Chapter 18A.\n(5) The commission may engage hearing officers, consultants, and other persons and\nentities on a contractual basis as needed to assist with the performance of the\ncommission's duties under this chapter and the administrative regulations\npromulgated thereunder. The scope of responsibilities and duties held by a hearing\nofficer shall be established by the commission by rule.\n(6) All personal service contracts entered into by the commission shall be subject to\nreview by the Government Contract Review Committee established by KRS\n45A.705.\n(7) The commission shall regulate utilities, enforce the provisions of this chap ter and\nthe rules and administrative regulations promulgated hereunder, and exercise all\npowers necessary and incidental thereto. The commission shall be a body corporate,\nwith power to sue and be sued in its corporate name. The commission may adopt a\nseal bearing the name \"Public Service Commission of Kentucky,\" which seal shall\nbe affixed to all writs and official documents, and to such other instruments as the\ncommission directs, and all courts shall take judicial note of the seal.\n(8) The jurisdiction o f the commission shall extend to all utilities in this state. The\ncommission shall have exclusive jurisdiction over the regulation of rates and\nservice of utilities, but with that exception nothing in this chapter is intended to\nlimit or restrict the police jurisdiction, contract rights or powers of cities or political\nsubdivisions.\n(9) The commission may promulgate in accordance with KRS Chapter 13A reasonable\nadministrative regulations to implement the provisions of KRS Chapter 278 and\ninvestigate the met hods and practices of utilities to require them to conform to the\nlaws of this state, and to all reasonable rules, regulations and orders of the\ncommission not contrary to law.\n(10) The commission shall not be subject to reorganization under KRS Chapter 12.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57093","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:29Z","sha256":"e85b8a059cab8d1aa727166a49fb9842d8cc058148760b99a9a651aab3724e79","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.038","next":"us-ky/krs-278.042"},"notice":"GroundRules: Original legal text. Not legal advice."}