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AP IV, Sec. 10 Accounting of Master Commissioners

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: March 4, 2024

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IV. Master Commissioners of the Circuit Court (Refs & Annos)
Effective: March 4, 2024
Administrative Procedures, AP IV, Sec. 10
AP IV, Sec. 10 Accounting of Master Commissioners
Currentness
(1) Individual Case Report. Each master commissioner shall account to the circuit judge under whose direction he or she is acting for all amounts received and distributed, for all proceeds of sales disbursed, for all fees collected, and for all expenses deducted. These accounts shall be in the manner directed by the circuit judge who shall approve the accounts by his or her signature. The master commissioner shall file the approved accounts with the circuit court clerk who shall record the approved accounts in the case management system and file in the applicable case. Each foreclosure case must include an accounting of all fees taken in and disbursed.
(2) Annual Accounting Report. Each master commissioner shall provide to the Administrative Office of the Courts, Department of Financial Services, on or before March 1st of each year, a complete accounting of the prior calendar year for all fees collected and for all expenses deducted. The accounting shall be reported on a form prescribed by the Administrative Office of the Courts. The report shall contain, at a minimum, the following information:
(a) Name (printed);
(b) Address;
(c) County and Circuit;
(d) Total income received (fees, commissions and other income including interest);
(e) Fees retained from previous year for three months estimated expense;
(f) Expenses as provided in Subsection (3) herein below;
(g) Master commissioner salary cap;
(h) Notarized signature of master commissioner;
(i) Signature of approving circuit judge.
(3) Expenses.
(a) Adequate records and documentary evidence shall be maintained to support each element of an expense. See IRS Publication 463 and 535 Sections 62, 162, and 274 of the Internal Revenue Code for additional information.
(b) Only salaries, bonding expenses, and other expenses authorized for employees in accordance with Section 2(10) which are directly related to the office of master commissioner, check printing charges, and the cost incurred for the purchase of accounting/bookkeeping software mandated by the Administrative Office of the Courts auditing standards may be deducted from any fees in excess of the personal compensation of the master commissioner. Salaries are to be itemized per employee.
(c) Notwithstanding any provision to the contrary herein, a master commissioner authorized by the Chief Justice to operate a full-time master commissioner's office and who does not engage in any private business enterprise in the master commissioner's office may deduct business expenses directly related and necessary to the operation of the master commissioner's office as established by the Administrative Office of the Courts auditing standards.
(4) Excess fees referred to in Section 9 shall be remitted with the annual accounting report to the Administrative Office of the Courts, Department of Financial Services, in accordance with subsection 2 of this section.

Credits

HISTORY: Amended by Order 2024-07, eff. 3-4-24; prior amendments eff. 1-19-23 (Order 2022-59), 1-1-23 (Order 2022-59) 9-20-21 (Order 2021-33), 1-1-16 (Order 2015-25), 1-1-12 (Order 2011-08), 1-1-11 (Order 2010-10), 7-1-06 (Order 2006-07), 3-1-06 (Order 2006-04), 7-1-04 (Order 2004-2); adopted by Order 2003-5, eff. 1-1-04
Administrative Procedures, AP IV, Sec. 10, KY ST ADMIN P AP IV, Sec. 10
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document