Title 040 | Chapter 009 | Regulation 010REG
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OFFICE OF ATTORNEY GENERAL
Opioid Abatement Advisory Commission
(Amended at ARRS Committee)
40 KAR 9:010.General application procedure.
Section 1.
Definitions.(1)
"Entity" is defined by KRS 14A.1-070(7).(2)
"Governmental agency" is defined by KRS 65.940(5).(3)
"KYOAAC" or "commission" means the Kentucky Opioid Abatement Advisory Commission.(4)
"Member" means a commission member as established in KRS 15.291(2), whether voting or non-voting.Section 2.
Eligible Applicants. An entity or governmental agency shall be eligible for opioid abatement funding if the entity or governmental agency:(1)
Submits an application through the online KYOAAC Grant Portal, which shall be available at or linked to from(2)
Complies with the requirements established in this administrative regulation;(3)
Meets the criteria in KRS 15.291(5); and(4)
Is not debarred or suspended from contracting with the Commonwealth.Section 3.
Application.(1)
To submit an application using the KYOAAC Grant Portal, an applicant shall be required to become an approved state vendor.(2)
Non-conforming or incomplete applications shall not be considered.Section 4.
Review of Applications.(1)
The commission shall review applications and distribute funds at least once per year(2)
If the commission requests supplementation of an application, or otherwise inquires about an application, the point of contact shall acknowledge receipt within seven (7) calendar days and subsequently respond to the commission within thirty (30) calendar days(3)
Contingent upon available funding, the commission shall fund a successful(4)
In awarding funds, the commission shall consider:(a)
Compliance with applicable law;(b)
The entity or governmental agency's record and responsibility in utilizing effectively any funds received previously from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);(c)
The geographic reach of the application;(d)
Amounts received by an entity or governmental agency from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);(e)
(f)
The extent to which Kentucky residents are served by the application;(f)(g)
The extent to which prior allocations from the commission have served similar purposes;(g)(h)
The extent to which the application proposes to serve a portion of the population that otherwise would not receive similar services;(h)(i)
The extent to which the application proposes to incorporate relevant partnerships that are likely to increase the efficiency and effectiveness of programming;(i)(j)
The extent to which the application aligns with the funding priorities set annually and published by the commission(j)(k)
The extent to which the application activities align with accepted evidence-based practices; or(k)(l)
The sufficiency of records to validate the requested amounts.Section 5.
Recipients' Duties.(1)
Entities and governmental agencies that receive funding shall submit regular financial reports through the KYOAAC grant portal as required by contract.(a)
(b)
(c)
(d)
(2)
(3)
(4)
Section 6.
Noncompliance.(1)
Noncompliance shall include:(a)
Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or 40 KAR Chapter 9;(b)
Failure to meet grant reporting(c)
Failure to expend funds in conformity with the enumerated purposes established in KRS 15.291, pursuant to KRS 15.293(5).(2)
The commission shall require entities or governmental agencies to reimburse the commission for any funds expended in a noncompliant manner.(3)
The commission shall require noncompliant entities or governmental agencies to forfeit any remaining funds received from the commission.(4)
The commission shall bar noncompliant entities or governmental agencies from receiving funds from the commission.(5)
The commission shall report noncompliance to the Department of Law for appropriation determination as to if further action is necessary to ensure compliance with opioid-related agreements.Section 7.
Commission Appointments. The term of a member appointed pursuant to KRS 15.291(3)(b) shall begin upon the commission's first meeting after the member's appointment.Section 8.
Incorporation by Reference.(1)
(a)
"KYOAAC Grant Portal," available at or linked to from https://ag.ky.gov/Resources/Opioid-Commission/Pages/default.aspx(b)
(2)
This material shall be inspected, copied, or obtained, subject to copyright law, at the Office of the Attorney General Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.FILED WITH LRC: May 13, 2025
CONTACT PERSON: Jessica Bowman, Executive Advisor, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 696-5362, fax (502) 564-2894, email jbowman@ky.gov.
OFFICE OF ATTORNEY GENERAL
Opioid Abatement Advisory Commission
(Amended at ARRS Committee)
40 KAR 9:010.General application procedure.
Section 1.
Definitions.(1)
"Entity" is defined by KRS 14A.1-070(7).(2)
"Governmental agency" is defined by KRS 65.940(5).(3)
"KYOAAC" or "commission" means the Kentucky Opioid Abatement Advisory Commission.(4)
"Member" means a commission member as established in KRS 15.291(2), whether voting or non-voting.Section 2.
Eligible Applicants. An entity or governmental agency shall be eligible for opioid abatement funding if the entity or governmental agency:(1)
Submits an application through the online KYOAAC Grant Portal, which shall be available at or linked to from https://ag.ky.gov/Resources/Opioid-Commission/Pages/default.aspxttps;(2)
Complies with the requirements established in this administrative regulation;(3)
Meets the criteria in KRS 15.291(5); and(4)
Is not debarred or suspended from contracting with the Commonwealth.Section 3.
Application.(1)
To submit an application using the KYOAAC Grant Portal, an applicant shall be required to become an approved state vendor.(2)
Non-conforming or incomplete applications shall not be considered.Section 4.
Review of Applications.(1)
The commission shall review applications and distribute funds at least once per year.(2)
If the commission requests supplementation of an application, or otherwise inquires about an application, the point of contact shall acknowledge receipt within seven (7) calendar days and subsequently respond to the commission within thirty (30) calendar days. Failure to do so shall result in the application being deemed withdrawn.(3)
Contingent upon available funding, the commission shall fund a successful application in whole or in part, if the funding does not exceed the sum requested in the application.(4)
In awarding funds, the commission shall consider:(a)
Compliance with applicable law;(b)
The entity or governmental agency's record and responsibility in utilizing effectively any funds received previously from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);(c)
The geographic reach of the application;(d)
Amounts received by an entity or governmental agency from the commission or from the counties, consolidated local governments, urban county governments, and cities of the Commonwealth, as established in KRS 15.293(4);(e)
The extent to which Kentucky residents are served by the application;(f)
The extent to which prior allocations from the commission have served similar purposes;(g)
The extent to which the application proposes to serve a portion of the population that otherwise would not receive similar services;(h)
The extent to which the application proposes to incorporate relevant partnerships that are likely to increase the efficiency and effectiveness of programming;(i)
The extent to which the application aligns with the funding priorities set annually and published by the commission;(j)
The extent to which the application activities align with accepted evidence-based practices; or(k)
The sufficiency of records to validate the requested amounts.Section 5.
Recipients' Duties.Entities and governmental agencies that receive funding shall submit regular financial reports through the KYOAAC grant portal as required by contract.Section 6.
Noncompliance.(1)
Noncompliance shall include:(a)
Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or 40 KAR Chapter 9;(b)
Failure to meet grant reporting deadlines; and(c)
Failure to expend funds in conformity with the enumerated purposes established in KRS 15.291, pursuant to KRS 15.293(5).(2)
The commission shall require entities or governmental agencies to reimburse the commission for any funds expended in a noncompliant manner.(3)
The commission shall require noncompliant entities or governmental agencies to forfeit any remaining funds received from the commission.(4)
The commission shall bar noncompliant entities or governmental agencies from receiving funds from the commission.(5)
The commission shall report noncompliance to the Department of Law for appropriation determination as to if further action is necessary to ensure compliance with opioid-related agreements.Section 7.
Commission Appointments. The term of a member appointed pursuant to KRS 15.291(3)(b) shall begin upon the commission's first meeting after the member's appointment.Section 8.
Incorporation by Reference.(1)
"KYOAAC Grant Portal," available at or linked to from https://ag.ky.gov/Resources/Opioid-Commission/Pages/default.aspx, is incorporated by reference.(2)
This material shall be inspected, copied, or obtained, subject to copyright law, at the Office of the Attorney General Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.FILED WITH LRC: May 13, 2025
CONTACT PERSON: Jessica Bowman, Executive Advisor, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 696-5362, fax (502) 564-2894, email jbowman@ky.gov.