921 KAR 2:060. Delegation of power for oaths and affirmations

Link to law: http://www.lrc.ky.gov/kar/921/002/060.htm
Published: 2015

      921 KAR 2:060. Delegation of power for oaths and affirmations.

 

      RELATES

TO: KRS 205.170(1), 42 U.S.C. 601-619

      STATUTORY

AUTHORITY: KRS 194A.050(1), 205.170(1), 205.200, 42 U.S.C. 601-619

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the cabinet

to promulgate administrative regulations necessary under applicable state laws

to protect, develop, and maintain the welfare, personal dignity, integrity, and

sufficiency of the citizens of the Commonwealth and to operate the programs and

fulfill the responsibilities of the cabinet. KRS 205.200 requires the Cabinet

for Health and Family Services to administer the public assistance program in

conformity with the Public Assistance Titles of the Social Security Act, its

amendments, and other federal acts and regulations, including 42 U.S.C. 601 to

619, and to provide supplemental payments to persons who are aged, blind, or

have a disability. This administrative regulation establishes the designation

of certain employees by the secretary of the cabinet to administer oaths and

affirmations, in conformity with KRS 205.170(1).

 

      Section

1. Specific Worker Designation. The following classifications of employees

shall be designated as duly authorized representatives of the Secretary of the

Cabinet for Health and Family Services to administer an oath or affirmation to

an applicant or recipient:

      (1)

Family support specialist III;

      (2)

Case management specialist III;

      (3)

Program specialist;

      (4)

Field services supervisor;

      (5)

Service region administrator associate; and

      (6)

Service region administrator.

 

      Section

2. Purpose. An oath or affirmation shall be administered by a designated

representative to an applicant or recipient to:

      (1)

Obtain a sworn statement regarding a claim that a check issued through a

cabinet program has been:

      (a)

Lost;

      (b)

Misplaced; or

      (c)

Stolen;

      (2)

Request a replacement check; or

      (3)

View a check endorsement.

 

      Section

3. Process. (1) A PAFS-60, Affidavit, shall be used if:

      (a)

A check is reported lost or stolen to request a replacement check within twelve

(12) months of intended receipt; or

      (b)

A check endorsement is viewed.

      (2)

If the payee reports non-receipt, loss, or theft of a check, the payee shall

come into the office to complete a PAFS-60 within four (4) work days of

reporting non-receipt of the check in effort to place a stop payment on the

check.

      (3)

If the original check has been cashed, a photocopy of the cashed check shall be

forwarded to the local office.

      (a)

The payee shall view the endorsement; and

      (b)

If the signature is not that of the payee, the payee shall sign the PAFS-60

stating the:

      1.

Signature on the photocopy is not the payee’s signature; and

      2.

Payee received no benefit from the cashing of the check.

 

      Section

4. Incorporation by Reference. (1) The "PAFS-60, Affidavit", 9/14, is

incorporated by reference.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Cabinet for Health and Family Services, Department for

Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621,

Monday through Friday, 8 a.m. to 4:30 p.m. (3 Ky.R. 429; eff.

1-5-77; Am. 7 Ky.R. 789; eff. 5-6-81; 16 Ky.R. 246; eff. 9-20-89; 20 Ky.R.

2252; eff. 3-14-94; 22 Ky.R. 393; eff. 9-20-95; 24 Ky.R. 988; 1520; eff.

1-12-98; Recodified from 904 KAR 2:060, 10-30-98; 28 Ky.R. 2276; 2593; eff.

6-14-2002; 39 Ky.R. 1327; eff. 3-8-2013; 40 Ky.R. 2910; eff. 9-5-2014.)
Read Entire Law on www.lrc.ky.gov