6.744 Prohibitions against influencing state agency and appearing as a paid expert
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/ky/6-744A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
witness before state agency -- Restriction of representation of clients before
state agency or in court -- Penalties.
(1)A legislator, by himself or through others, shall not use or attempt to use any means
to influence a state agency in direct contravention of the public interest at large.
(a)Absent an express threat of legislative reprisal, nothing in this subsection shall
prevent a legislator from contacting a state agency on behalf of a person or
constituent, to make a legislative inquiry, or to obtain information relating to a
person or constituent who has requested legislative assistance and given
written or verbal consent for a member to make an inquiry on his or her
behalf.
(b)Violation of this subsection is ethical misconduct.
(2)A legislator shall not, for compensation, appear before a state agency as an expert
witness. A violation of this subsection is ethical misconduct.
(3)A legislator who is properly licensed may, for compensation, represent a client
before a state agency in:
(a)A ministerial function which does not require discretion on the part of the
agency, including but not limited to:
1. Filing corporation charters, reports, and other papers;
2. Filing tax returns;
3. Filing reports required by a state agency; and
4. Filing an application to participate in a state or state-administered
federal program, generally available to similar classes of persons or
business entities;
(b)An adversarial proceeding and negotiations related thereto;
(c)Workers' compensation and special fund proceedings;
(d)Unemployment compensation proceedings; and
(e)All other matters, unless the representation is prohibited by subsections
(5)to
(7)of this section or the code of professional conduct observed by the
profession being practiced.
(4)A legislator who is properly licensed may, for compensation, represent a client
before a court or trial commissioner in any proceeding not prohibited by the
Kentucky Rules of Professional Conduct or by subsections
(5)to
(7)of this section.
(5)Other than for a ministerial function provided for under subsection
(3)of this
section, even though properly licensed, a legislator shall not, for compensation,
represent or engage in negotiations on behalf of a client before or with a state
agency in proceedings related to the following matters:
(a)Contracting for the purchase, sale, rental, or lease of real property, goods, or
services from a state agency;
(b)Any proceeding relating to ratemaking;
(c)Adoption, amendment, or repeal of any administrative regulation;
(d)Obtaining grants of money or loans;
(e)Licensing or permitting, however, a legislator may represent a client in a
ministerial function regarding licensing and permitting, adversarial matters
related to a previously issued license or permit, or matters related to driver
licensing; or
(f)Any proceeding before the Public Service Commission.
(6)A legislator who is licensed in any profession shall not, for compensation, represent
the Commonwealth or any state agency.
(7)A legislator who is an attorney shall not for compensation maintain an action for the
purpose of receiving money damages against the Commonwealth in which the
Commonwealth is the principal defendant or against a state agency in which the
agency is the principal defendant. This subsection shall not apply to:
(a)An appeal of an action by the state against the client;
(b)Cases before the Workers' Compensation Board, including cases in which the
special fund is a party; and
(c)Unemployment compensation cases.
(8)A legislator who is properly licensed who has a partner who is also properly
licensed and whose partner practices cases which the legislator is precluded from
handling under the provisions of this section shall report to the commission in the
report required under KRS 6.787, the names of the agencies before which the
partners practiced and the names of the clients represented by the partners.
(9)A legislator shall not receive or enter into any express or implied agreement to
receive compensation for services to be rendered in relation to any case,
proceeding, application, or other matter before any state agency, in which his
compensation is to be dependent or contingent upon any action by the agency.
Violation of this subsection is ethical misconduct.
(10)If a legislator considers entering into an agreement for compensation for
representing any person in any transaction involving the state, he shall consider the
following factors:
(a)Whether the matter is being brought to him in an attempt to obtain improper
influence over the state agency;
(b)Whether there is a reasonable possibility that the action of the state agency
will be unduly influenced because of his participation; or
(c)The effect of his participation on public confidence in the integrity of the
Legislature.