151B.017 Secretary -- Duties -- Permitted actions -- Administrative regulations.
1,026 words·~5 min read·
/ky/chapter-151b/151b-017A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The secretary of the Education and Labor Cabinet shall be appointed by the
Governor pursuant to KRS 12.255 and shall serve at the pleasure of the Governor.
The secretary shall have general supervision and direction over all activities and
functions of the cabinet and its employees shall be responsible for carrying out the
programs and policies of the cabinet. The secretary shall be the chief executive
officer of the cabinet and shall have authority to enter into contracts, subject to the
approval of the secretary of the Finance and Administration Cabinet, when the
contracts are deemed necessary to implement and carry out the programs of the
cabinet. The secretary shall have the authority to require coordination and
nonduplication of services provided under the federal Workforce Investment Act, as
amended. The secretary shall have the authority to mandate fiscal responsibility and
dispute resolution procedures among state organizational units for services provided
under the federal Workforce Innovation and Opportunity Act.
(a)The secretary of the Education and Labor Cabinet, and the secretary's
designated representatives, in the discharge of the duties of the secretary may:
1. Administer oaths and affirmations, take depositions, certify official acts,
and issue subpoenas to compel the attendance of witnesses and parties
and the production of books, papers, correspondence, memoranda, and
other records considered necessary and relevant to the matter under
investigation;
2. Administer oaths;
3. Examine witnesses under oath;
4. Take verification of proof or written instruments; and
5. Take testimony, depositions, and affidavits to carry out any law over
which the cabinet has jurisdiction.
(b)When a person fails to comply with a cabinet subpoena, the Circuit Court of
the county in which the person is found, resides, or has his principal place of
business may, upon application of the secretary, his or her representative, or
the party requesting the subpoena, issue an order requiring compliance. In any
proceeding brought under this section, the Circuit Court having issued the
order of compliance may modify or set aside the subpoena.
(c)Subpoenas issued under this section may be served by an authorized
representative of the cabinet, at any place in the state.
(3)The secretary of the Education and Labor Cabinet may delegate any duties of the
secretary's office to employees of the cabinet as he or she deems necessary and
appropriate, unless otherwise prohibited by statute.
(4)The secretary of the Education and Labor Cabinet shall promulgate, administer, and
enforce administrative regulations that are necessary to implement programs
mandated by federal law, qualify for the receipt of federal funds, and cooperate
with other state and federal agencies for the proper administration of the cabinet
and its programs, except for programs and federal funds within the authority of the
Department of Education, the Kentucky Board of Education, and the Education
Professional Standards Board.
(5)The secretary of the Education and Labor Cabinet shall have the duties,
responsibilities, power, and authority relating to labor, wages and hours,
occupational safety and health of employees, child labor, workers' compensation,
and all other matters pertaining to Kentucky labor laws and the state's regulation of
labor in the Commonwealth.
(6)The secretary, in person or by representative, shall:
(a)Investigate and ascertain the wages of all employees employed in this state;
(b)Enter the place of business or employment of any employer of employees to
examine and inspect all books, registers, payrolls, and other records that have
a bearing upon the question of wages of employees and to ascertain
compliance with the orders of the secretary; and
(c)Require from the employer a full and correct statement, in writing when the
secretary or the secretary's representative considers it necessary, of the wages
paid to all employees of the employer.
(a)The secretary of the Education and Labor Cabinet, in person or by
representative, may prosecute any violation of any provision of any law which
is his or her duty to administer or enforce.
(b)1. The secretary may enter into reciprocal agreements with the
corresponding labor agency or official of any other state to collect in the
other state claims assigned to the secretary.
2. To the extent allowed by a reciprocal agreement, the secretary may
maintain actions in the courts of another state to collect claims and
judgments for wages and assign claims and judgments to the agency or
official of another state for collection.
3. If a reciprocal agreement extends a like comity to cases arising in the
Commonwealth, the secretary may maintain actions in the courts of the
Commonwealth to collect claims and judgments for wages arising in the
other state in the same manner and to the same extent that actions are
authorized when arising in the Commonwealth.
(8)The secretary of the Education and Labor Cabinet shall develop and promulgate
administrative regulations that protect the confidential nature of all records and
reports of the Office of Unemployment Insurance, the Career Development Office,
and the Office of Industry and Apprenticeship Services, which directly or indirectly
identify a client or former client and which ensure that these records are not
disclosed to or by any person, except if:
(a)The person identified gives his or her consent; or
(b)Disclosure may be permitted under state or federal law.
(9)Notwithstanding any other state statute or administrative regulation to the contrary,
any information concerning individual clients or applicants in the possession of the
Department of Workforce Development may be shared with any authorized
representative of any other state or local governmental agency if the agency has a
direct, tangible, and legitimate interest in the individual. The agency receiving the
information shall ensure the confidentiality of all information received. The
Department of Workforce Development may share information concerning a client
or applicant with any private or quasi-private agency if the agency has:
(a)An agreement with the cabinet ensuring the confidentiality of the information;
and
(b)A direct, tangible, and legitimate interest in the individual.
(10)The secretary of the Education and Labor Cabinet, with the approval of the
Governor, shall appoint necessary deputies, attorneys, statisticians, inspectors, and
other employees and fix their salaries according to law. These employees shall
receive their actual necessary expenses.