<br><br>38.040 Appointment of officers and warrant officers -- Staff officers -- Conformity <br>with federal standards. <br>(1) All commissioned officers and warrant officers of the Kentucky National Guard <br>shall be appointed by the Governor, upon the recommendation of the adjutant <br>general and the commanding officers of the organizations to which such officers are <br>to be assigned for duty, and shall be appointed according to grade in the branch or <br>corps of the service in which they are appointed. No officer or warrant officer shall <br>be appointed unless he is eighteen (18) years of age or older and until he shall have <br>successfully passed such tests as to his physical, moral and professional fitness as <br>are or shall be prescribed by federal law for federal recognition as an officer. <br>(2) All appointments as staff officers shall be of individuals with previous military <br>experience. <br>(3) The Governor may issue such regulations governing the appointment of <br>commissioned officers and warrant officers in the Kentucky National Guard as may <br>be necessary in order to conform to the requirements made by Congress for <br>participation in federal appropriations for the Kentucky National Guard. <br>(4) No officer or warrant officer except the adjutant general shall retain the grade to <br>which he may have been appointed or promoted unless, within a reasonable length <br>of time, he obtains federal recognition for such grade. <br>History: Amended 1974 Ky. Acts ch. 108, sec. 14. -- Amended 1962 Ky. Acts ch. 47, <br>sec. 2. -- Amended 1954 Ky. Acts ch. 98, sec. 4. -- Recodified 1942 Ky. Acts <br>ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-164. <br><br>