KRS § 433.902 — KY Code / Title XL / Chapter 433 / Section 433.902
433.902 Secondary metals recycler to obtain certificate of registration from Department of Professional Licensing -- Application -- Name-based background check -- Fees -- Annual renewal -- Display of certificate -- Administrative regulations
Status: in_force

433.902 Secondary metals recycler to obtain certificate of registration from

Department of Professional Licensing -- Application -- Name-based

background check -- Fees -- Annual renewal -- Display of certificate --

Administrative regulations.

(1) (a) Each secondary metals recycler shall submit to a name-based

background check as provided in subsection (2) of this section and obtain

a certificate of registration from the Department of Professional Licensing

of the Public Protection Cabinet within sixty (60) days of the effective date

of administrative regulations promulgated pursuant to this section.

(b) The application for certificate of registration shall be in a form and format

determined by the Department of Professional Licensing of the Public

Protection Cabinet and shall contain at a minimum the following:

1. The name of the secondary metals recycling business;

2. The name or names of each applicant;

3. The address of each secondary metals recycling business owned by

the applicant; and

4. Contact information for the purposes of KRS 433.906.

(c) Any person listed on an application for a certificate of registration shall be

at least eighteen (18) years of age prior to the date that the application is

submitted.

(d) Any corporation, limited liability company, partnership, limited partnership,

incorporated association, or any other entity engaged in business as, or

organized for the purpose of engaging in business as, a secondary metals

recycler submitting an application shall be organized and qualified to do

business in the Commonwealth.

(e) The Department of Professional Licensing of the Public Protection

Cabinet shall charge each applicant a reasonable fee established by

administrative regulation equal to the actual administrative costs of

processing an application for a certificate of registration.

(f) If an applicant is the owner of more than one (1) secondary metals

recycling location, the Department of Professional Licensing of the Public

Protection Cabinet shall charge a fee for each location that is no greater

than the actual administrative costs of processing the application for

certificate of registration. Upon approval of the application, the

Department of Professional Licensing of the Public Protection Cabinet

shall issue a certificate of registration for each location.

(g) Each applicant that receives a certificate of registration from the

Department of Professional Licensing of the Public Protection Cabinet as

provided in this section shall be required to pay an annual renewal fee

equal to the actual administrative costs of processing the renewal of the

certificate for registration.

(h) The list of secondary metals recyclers registered with the Department of

Professional Licensing of the Public Protection Cabinet as provided in this

section shall be public information and available upon written request to

the Department of Professional Licensing of the Public Protection

Cabinet.

(2) (a) Prior to approval of the application, the Department of Professional

Licensing of the Public Protection Cabinet shall require a name-based

background check on each applicant.

(b) Each applicant shall provide written authorization to the Department of

Kentucky State Police to perform a name-based background check and

release the results to the Department of Professional Licensing of the

Public Protection Cabinet.

(c) Any request for a name-based background check shall be on a form or

through a process approved by the Department of Kentucky State Police,

which may charge a fee to be paid by the applicant in an amount no

greater than the actual cost of processing the request.

(d) The Department of Professional Licensing of the Public Protection

Cabinet shall not issue a certificate of registration to an applicant if the

name-based background check results reveal that the applicant has been

convicted of, or entered a plea of guilty, an Alford plea, or a plea of nolo

contendere to, a felony involving theft, larceny, dealing in stolen property,

receiving stolen property, burglary, embezzlement, or obtaining property

by false pretenses, any felony drug offense, or knowingly and intentionally

violating the laws of the Commonwealth relating to registration as a

secondary metals recycler.

(3) A secondary metals recycler's certificate of registration shall be conspicuously

displayed at the location of the secondary metals recycler listed on the

application for certificate of registration or at each location if the secondary

metals recycler owns more than one (1) business location.

(4) The Department of Professional Licensing of the Public Protection Cabinet

shall promulgate administrative regulations in accordance with KRS Chapter

13A to implement the provisions of this section.

(5) The Department of Professional Licensing of the Public Protection Cabinet

shall not be responsible for any disciplinary action against any secondary

metals recycler seeking an application for certificate of registration.