Skip to main content

Request By:

Honorable Roger Wm Perry
Attorney at Law
908 Poplar Street
P.O. Box 352
Benton, Kentucky 42025

Opinion

Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General

Thank you for your letter in which you ask if the Department for Human Resources, Bureau of Health or any District Board of Health may promulgate regulations that govern how the assets of a County Board of Health may be used? Your letter also asks if such regulations could be enacted in the future.

It is the opinion of this office that neither DHR, nor the Bureau of Health, nor any District Board of Health may promulgate regulations that govern how the assets of a County Board of Health may be used.

Although DHR has general supervisory powers over County Health Departments in formulating plans and establishing services, under KRS 212.120(1) DHR's involvement with local assets is limited to making an investigation upon the creation of a County Health Department into the adequacy of the appropriation provided by the county. The statutes make no provisions that would allow DHR to promulgate regulations governing how local assets are to be used.

Although such regulations could conceivably be adopted in the future, they could only be adopted by amending the statutes.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1982 Ky. AG LEXIS 381
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.