Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 3 - Special Local Peace Officers › Section 500 KAR 3:020 - Filing and processing SLPO commissions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.300,
				61.360,
				61.990,
				62.010,
				62.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.160 authorizes the secretary of the
				Justice and Public Safety Cabinet to promulgate administrative regulations in
				accordance with KRS Chapter 13A and direct proceedings and actions for the
				administration of all laws and functions which are vested in the cabinet,
				except laws and functions vested in the Department for Public Advocacy.
				KRS
				61.360 authorizes the Governor or the
				Governor's agent to appoint Special Local Peace Officers. This administrative
				regulation establishes the criteria and procedure for applying for a commission
				as a Special Local Peace Officer.
Section
			 1. Qualifications to Apply for Commission as a Special Local Peace
			 Officer. To qualify for a commission as a SLPO, an applicant shall present
			 satisfactory evidence of compliance with the conditions and requirements
			 established in KRS
			 61.360.
Section 2. Application for Commission and
			 Renewal of Commission as a Special Local Peace Officer. Applications from the
			 property owner for an initial SLPO commission for a SLPO applicant shall be
			 sent to the SLPO program administrator and shall comply with the following
			 requirements:
(1) An applicant shall meet the
			 requirements of KRS
			 61.360 before a commission is granted. An
			 applicant who qualifies may hold additional commissions for different property
			 locations.
(2) The applicant shall
			 complete two (2) notarized "SLPO Application Candidate Information (SLPO-1)"
			 forms, which shall include:
(a) The name of
			 the property owner;
(b) The name,
			 address, date of birth, and Social Security number of the applicant and a
			 detailed personal description;
(c)
			 A certified copy of the applicant's birth certificate;
(d) Two (2) photographs of the applicant,
			 which shall be:
1. Full face;
2. At least three (3) inches by five (5)
			 inches in size; and
3. Taken within
			 thirty (30) days prior to submission of the application;
(e) A copy of the applicant's military
			 discharge or Form DD-214, if the applicant is a veteran;
(f) The signature of the property
			 owner;
(g) A statement of all
			 arrests and convictions, including traffic offenses committed within the past
			 ten (10) years, violations, misdemeanors, or felonies; and
(h) The notarized signature of the
			 applicant.
(3) The ten
			 (10) dollar application fee shall be:
(a)
			 Submitted with the application form;
(b) Nonrefundable; and
(c) Submitted by check or money order made
			 payable to the Kentucky State Treasurer.
(4) Submission of any false or misleading
			 information or the withholding of information requested on the application or
			 by the cabinet investigator may be grounds for rejection without further
			 consideration.
(5) An applicant
			 shall be fingerprinted by an approved vendor. The property owner or applicant
			 shall contact the SLPO program administrator for information related to an
			 approved vendor.
(6) The
			 application shall also contain the Authority to Release Information Form
			 (SLPO-4) to allow the release of all necessary information to the SLPO program
			 administrator. It shall be signed by the applicant and notarized or may be
			 witnessed by the SLPO program administrator or SLPO program administrator's
			 designee.
(7) The applicant shall
			 also sign the SLPO Acknowledgment Notice Form (SLPO-5), which indicates that
			 the applicant:
(a) Received, read, and
			 understands:
1.
											KRS
			 61.300;
2.
											KRS
			 61.360;
3.
											KRS
			 61.991;
4.
											KRS
			 62.010;
5.
											KRS
			 62.990; and
6. The administrative regulations in 500 KAR
			 Chapter 3;
(b)
			 Acknowledges that his or her authority is limited and restricted under the SLPO
			 Act, cited in paragraph (a) of this subsection.
(8) A Letter of Intent Form (SLPO-3) shall be
			 filed with each application by the property owner giving the name of applicant
			 and the specific private property to be protected. If the property is owned by
			 more than one (1) person or entity, a single property owner may file. This
			 letter shall accompany the application forms for an initial SLPO application
			 and renewal application.
(9) The
			 application shall include a copy of or information to identify the bond issued
			 as required by KRS
			 61.360.
(10) The applicant shall arrange for an
			 interview with the SLPO program administrator or assigned cabinet
			 investigator.
(11) ( If the
			 application is incomplete, or otherwise defective or in conflict with the SLPO
			 Act, cited in subsection (7)(a) of this section or 500 KAR Chapter 3, the
			 application shall be returned to the property owner. An application may be
			 corrected and resubmitted at no additional cost if it is resubmitted within
			 sixty (60) days of the date the property owner is sent notice of the
			 deficiencies by the SLPO program administrator.
(12) For a SLPO commission renewal, the
			 process outlined for an initial SLPO commission shall be followed. However, in
			 lieu of two (2) SLPO 1 Forms, two (2) complete, signed, and notarized SLPO
			 Renewal Application Forms (SLPO-7) for each applicant shall be filed with the
			 SLPO program administrator at least sixty (60) days before the expiration date
			 of the existing commission.