Title 906 | Chapter 001 | Regulation 170
906 KAR 1:170.Administrative subpoenas.
Section 1.
Definitions.(1)
"Documents" means information in any form or format that is relevant to a review, audit, or investigation conducted by the Office of Inspector General and may include:(a)
Medical records;(b)
Written documents;(c)
Computer files;(d)
Photographs;(e)
Audio and video recordings;(f)
Employment or wage data;(g)
Pension payment or insurance payment data;(h)
Account information from financial institutions; or(i)
Applications or other documents that establish eligibility for public assistance programs.(2)
"Justified by the circumstances" means that:(a)
Information requested by the Inspector General or Inspector General's designee is relevant to a review, audit, or investigation conducted by the Office of Inspector General; and(b)
The Inspector General or Inspector General's designee has reasonable grounds to believe that the requested information exists.Section 2.
Administrative Subpoenas.(1)
If justified by the circumstances, the Inspector General or Inspector General's designee may issue a subpoena in accordance with KRS 205.170 to require the production of documents at a specified time and place.(2)
If information requested by the Inspector General or Inspector General's designee is encrypted, the respondent shall:(a)
Provide the information in a readable format; and(b)
Provide proof acceptable to the Inspector General or Inspector General's designee that the requested information has been translated to a readable format without error or omission.(3)
A person served with a subpoena in accordance with subsection (1) of this section shall not intentionally destroy, alter, or falsify documents requested by the Inspector General or Inspector General's designee.Section 3.
Noncompliance.(1)
If a person fails without good cause to produce requested documents in accordance with Section 2(1) of this administrative regulation, the Inspector General or Inspector General's designee may apply to the circuit court of the county in which compliance is sought for an appropriate order to compel compliance with the provisions of the subpoena.(2)
If a person served with a subpoena issued pursuant to Section 2(1) of this administrative regulation believes that the subpoena seeks to compel the production of documents that are protected, privileged, or not properly the subject of an administrative subpoena, the individual may, prior to the date designated for the production of the documents, apply to the circuit court of the county in which compliance is sought for an appropriate protective order limiting the scope of the subpoena or quashing it entirely.HISTORY: (35 Ky.R. 1115; eff. 1-5-2009; Crt eff. 1-11-2019.)
906 KAR 1:170.Administrative subpoenas.
Section 1.
Definitions.(1)
"Documents" means information in any form or format that is relevant to a review, audit, or investigation conducted by the Office of Inspector General and may include:(a)
Medical records;(b)
Written documents;(c)
Computer files;(d)
Photographs;(e)
Audio and video recordings;(f)
Employment or wage data;(g)
Pension payment or insurance payment data;(h)
Account information from financial institutions; or(i)
Applications or other documents that establish eligibility for public assistance programs.(2)
"Justified by the circumstances" means that:(a)
Information requested by the Inspector General or Inspector General's designee is relevant to a review, audit, or investigation conducted by the Office of Inspector General; and(b)
The Inspector General or Inspector General's designee has reasonable grounds to believe that the requested information exists.Section 2.
Administrative Subpoenas.(1)
If justified by the circumstances, the Inspector General or Inspector General's designee may issue a subpoena in accordance with KRS 205.170 to require the production of documents at a specified time and place.(2)
If information requested by the Inspector General or Inspector General's designee is encrypted, the respondent shall:(a)
Provide the information in a readable format; and(b)
Provide proof acceptable to the Inspector General or Inspector General's designee that the requested information has been translated to a readable format without error or omission.(3)
A person served with a subpoena in accordance with subsection (1) of this section shall not intentionally destroy, alter, or falsify documents requested by the Inspector General or Inspector General's designee.Section 3.
Noncompliance.(1)
If a person fails without good cause to produce requested documents in accordance with Section 2(1) of this administrative regulation, the Inspector General or Inspector General's designee may apply to the circuit court of the county in which compliance is sought for an appropriate order to compel compliance with the provisions of the subpoena.(2)
If a person served with a subpoena issued pursuant to Section 2(1) of this administrative regulation believes that the subpoena seeks to compel the production of documents that are protected, privileged, or not properly the subject of an administrative subpoena, the individual may, prior to the date designated for the production of the documents, apply to the circuit court of the county in which compliance is sought for an appropriate protective order limiting the scope of the subpoena or quashing it entirely.HISTORY: (35 Ky.R. 1115; eff. 1-5-2009; Crt eff. 1-11-2019.)