6.744 Prohibitions against influencing state agency and appearing as a paid expert witness before state agency -- Restriction of representation of clients before state agency or in court -- Penalties.
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6.744 Prohibitions against influencing state agency and appearing as a paid expert
witness before state agency -- Restriction of representation of clients before <br>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. <br>(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 <br>constituent, to make a legislative inquiry, or to obtain information relating to a <br>person or constituent who has requested legislative assistance and given <br>written or verbal consent for a member to make an inquiry on his or her <br>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: <br>(a) A ministerial function which does not require discretion on the part of the
agency, including, but not limited to: <br>1.
Filing corporation charters, reports, and other papers;
2.
Filing tax returns;
3.
Filing reports required by a state agency;
4.
Filing an application to participate in a state or state-administered <br>federal program, generally available to similar classes of persons or <br>business entities.
(b) An adversarial proceeding and negotiations related thereto; <br>(c) Workers' compensation and special fund proceedings; <br>(d) Unemployment compensation proceedings; and <br>(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 <br>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 <br>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 may not, for compensation, <br>represent or engage in negotiations on behalf of a client before or with a state <br>agency in proceedings related to the following matters: <br>(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; <br>(c) Adoption, amendment, or repeal of any administrative regulation;
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(d) Obtaining grants of money or loans; <br>(e) Licensing or permitting, but not including 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 <br>Commonwealth is the principal defendant or against a state agency in which the <br>agency is the principal defendant. This subsection shall not apply to: <br>(a) An appeal of an action by the state against the client; <br>(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 <br>handling under the provisions of this section shall report to the commission in the <br>report required under KRS 6.787, the names of the agencies before which the <br>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, <br>application, or other matter before any state agency, in which his compensation is to <br>be dependent or contingent upon any action by the agency. Violation of this <br>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 <br>following factors: <br>(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.
Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 211, sec. 5, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 479, sec. 6, effective July 15, 1994. -- Amended 1993 (1st Extra. <br>Sess.) Ky. Acts ch. 4, sec. 10, effective September 16, 1993. -- Amended 1980 Ky. <br>Acts ch. 188, sec. 1, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 262, <br>sec. 10.
Formerly codified as KRS 6.795.
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