{"data":{"id":"us-ky/krs-39c.080","jurisdiction":"us-ky","citation":"KRS 39C.080","heading":"Performance evaluations -- Records and reports -- Review of program","body":"progress and compliance -- Correction of deficiencies -- Appeal process.\n(1) The performance of each local emergency management agency or local director\nreceiving funding pursuant to KRS 39C.010 and 39C.020 shall be evaluated\nquarterly as to compliance with the provisions of KRS Chapters 39A to 39F,\nsatisfactory program administration, and the achievement of scheduled program\nobjectives by the local emergency management agency or local director. Based upon\nthis evaluation:\n(a) Programs which are judged deficient, or otherwise not in compliance with\nKRS Chapters 39A to 39F, or program guidance of the division, may have\nfunds withheld and those funds which have been withheld may be transf erred\nto other local emergency management agencies.\n(b) Programs which meet or exceed their minimum program objectives and have\nneeds for additional funds for program improvements may be granted\nadditional requested funds, or portions thereof, for use by t he local emergency\nmanagement agency in making the improvements, subject to the availability\nof funds.\n(2) Within fifteen (15) days after the end of each quarter, the local emergency\nmanagement director shall prepare and submit all documentation, records, or reports\nrequired by the division to substantiate and document the work activity of the local\ndirector and the local emergency management agency in performing official duties\nor work plan objectives during each quarter.\n(3) Program progress and complianc e shall be reviewed quarterly by the area manager\nof the geographical area in which the local emergency management agency is\nlocated. The area manager shall review training records, exercise reports, financial\nrecords and budget expenditure rates, all work  plan documentation reports or\nmaterials submitted by the local director at the end of each quarter, program\nguidance materials, or other sources of information, and make an assessment as to\nwhether the local emergency management agency or local director i s in compliance\nwith current program requirements or guidance, or is making satisfactory progress\ntoward the full achievement of the objectives outlined in the work plan of the\nannual program paper. The area manager shall transmit an assessment report to t he\ndirector of the division together with any recommendations thereon.\n(4) The director shall then review the material submitted, together with the area\nmanager's recommendations, and submit it to the advisory committee for its\nevaluation and recommendations with regard thereto.\n(5) The advisory committee shall transmit to the director its determination of the local\nemergency management agency's state of compliance or progress, and that of the\nlocal director, and the committee's recommendations with regard thereto. The\ndirector shall review the report and all recommendations thereon. The director shall\nthen make a final determination with regard to compliance and progress and, if a\ndeficiency is found, the measures which shall be taken to assure compliance.\n(6) Local emergency management agencies or local directors determined not to be\nmaking satisfactory progress toward the accomplishment or completion of work\nplan objectives as outlined in the annual program paper, or not performing in\naccordance with the written program guidance or the requirements of KRS Chapters\n39A to 39F, shall be given thirty (30) days to correct the deficiencies in the manner\noutlined by the director.\n(7) A local emergency management agency aggrieved by a decision of the director may\nappeal to the Franklin Circuit Court within twenty (20) days of the receipt of the\ndirector's decision. The court's review shall be from the record and shall not be de\nnovo, unless the record is insufficient.\n(8) If a decision has been made by the director  to withhold funding from the local\nemergency management agency, that funding shall remain withheld during the\npendency of any appeals of the decision.\n(9) At the end of the thirty (30) day period further funding may be withdrawn by the\ndirector, if the de ficiencies have not been corrected. The funds may then be\nreallocated to other local emergency management agencies.\n(10) The director, during the review process outlined in this section, shall also review the\nexpenditure rate of each local emergency manage ment agency receiving funds. If it\nis determined that a local agency will not utilize all allocated funds, appropriate\nportions of the allocation may be withdrawn and reallocated to another local\nemergency management agency.","path":["KRS Chapter 39C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21758","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:58Z","sha256":"6a9824e1f02bdeb398b1c693e057e7797187adfade004aee9db19a8e1376605b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-39c.070","next":"us-ky/krs-39c.090"},"notice":"GroundRules: Original legal text. Not legal advice."}