reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:410 - Advanced practice paramedics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.355, 72.020, 311A.025, 311A.050-311A.100,
				311A.120-311A.135, 311A.142, 311A.170, 311A.185, 311A.190, 446.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 311A.025(2) requires
				the Kentucky Board of Emergency Medical Services to promulgate administrative
				regulations establishing the educational requirements, testing requirements,
				credentialing, and licensure requirements of advanced practice paramedics. This
				administrative regulation establishes those requirements.
Section 1. Licensure of Advanced Practice
			 Paramedics. In accordance with this administrative regulation, the board office
			 shall issue an advanced practice paramedic license to an individual certified
			 as a community paramedic or wilderness paramedic.
Section 2. Certification of Community
			 Paramedics.
(1) An individual shall be
			 eligible to enroll as a student in a community paramedic education and training
			 program if the applicant:
(a) Holds a current
			 unrestricted license as a paramedic in Kentucky or holds a current unrestricted
			 certification with the NREMT as a Nationally Registered Paramedic
			 (NRP);
(b) Is not currently subject
			 to disciplinary action pursuant to KRS Chapter 311A that would prevent
			 certification; and
(c) Meets all
			 additional requirements established by the EMS-TEI.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:401 - Paramedics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.355,
				72.020,
				311A.025,
				311A.030,
				311A.050-311A.100,
				311A.120,
				311A.135,
				311A.142,
				311A.170,
				311A.185,
				311A.190,
				446.400
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.025 requires the board to promulgate
				administrative regulations relating to, requirements and procedures for
				licensure, relicensure, and reciprocity for paramedics. This administrative
				regulation establishes those requirements and procedures.
Section 1. Paramedic Student Eligibility.,
			 Individuals shall be eligible to enroll as a student in a paramedic education
			 and training program if the applicant:
(1)
			 Holds current unrestricted certification as an Emergency Medical Technician or
			 Advanced Emergency Medical Technician in Kentucky or holds current unrestricted
			 certification with the National Registry of Emergency Medical Technicians
			 (NREMT) as an Emergency Medical Technician or Advanced Emergency Medical
			 Technician;
(2) Is not currently
			 subject to disciplinary action pursuant to KRS Chapter 311A that would prevent
			 licensure; and
(3) Meets all
			 additional requirements established by the EMS Training and Educational
			 Institution (EMS-TEI).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:501 - Ambulance agency licensure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.020(2)(f),
				311A.030,
				311A.060,
				311A.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.020 requires the Board of Emergency
				Medical Services to exercise all administrative functions in the regulation of
				the EMS system and the licensing of ambulance services and medical first
				response agencies, except those regulated by the Board of Emergency Medical
				Services or the Cabinet for Health and Family Services.
				KRS
				311A.030 requires the board to promulgate
				administrative regulations for the licensing, inspection, and regulation of
				ambulance providers and medical first response agencies. This administrative
				regulation establishes minimum ambulance agency licensing requirements.
Section 1. Applying for Licensure.
(1) An applicant shall submit:
(a) A completed Ambulance Agency License
			 Application;
(b) An application fee
			 as established in
			 202 KAR
			 7:030;
(c)
			 A current map of the agency's intended service area; and
(d) A written description of the ambulance
			 agency's geographic service area within the Commonwealth, which shall identify
			 with specificity the complete boundary of the area served by the provider upon
			 applying for initial licensure or if the service area has changed since the
			 last map was provided to the KBEMS office. The map shall accurately reflect the
			 service area as identified by the providers Certificate of Need, if
			 appropriate.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:510 - Air ambulance services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.030,
				311A.190, 14 C.F.R. Parts 91,
				135
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.020 requires the board to exercise all
				administrative functions in the regulation of the emergency medical services
				system and the practice of emergency medical services, except those functions
				regulated by the Board of Medical Licensure or the Cabinet for Health and
				Family Services.. KRS 311A.030 requires the board
				to promulgate administrative regulations for the licensing, inspection, and
				regulation of air ambulance providers. This administrative regulation
				establishes minimum licensing requirements for air ambulance providers.
Section 1. Provider Licensing Requirements.
(1) A person or entity shall not provide,
			 advertise, or profess to engage in the provision of air ambulance service
			 originating in Kentucky without having first obtained a license from the board
			 pursuant to this administrative regulation.
(2) A provider shall comply with local
			 ordinances, state and federal statutes and administrative
			 regulations.
(3) A provider shall
			 display its license in a prominent public area at the service base station and
			 all satellite locations. The following information shall be included on the
			 license:
(a) Operating name of the
			 provider;
(b) Physical location of
			 the base station;
(c) The number
			 and physical location of satellite stations, if any, operated by the
			 licensee;
(d) The license
			 classification;
(e) The level of
			 service provided;
(f) The number of
			 rotor and fixed-wing aircraft operated by the provider; and
(g) The specific geographic area to be served
			 by the licensee.
(4)
			 Providers shall provide the KBEMS Office with an accurate map and a written
			 description of its geographic service area within the commonwealth, which shall
			 identify with specificity the complete boundary of the area served by the
			 provider when applying for initial licensure or if the service area has changed
			 since the last map was provided to the KBEMS Office.
(5) A licensed provider may respond to
			 emergency calls outside of its geographic service area only if the provider is
			 providing:
(a) Mutual aid under an existing
			 agreement with another licensed provider whose geographic service area includes
			 the area in which the emergency call is made;
(b) Disaster assistance; or
(c) Nonemergency transfers from damaged or
			 closed health facilities.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:540 - Emergency Medical Services data collection, management, and compliance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.020,
				311A.035,
				311A.045,
				311A.060,
				311A.155,
				311A.190,
				23 U.S.C.
				403(b)(1)(A)(iv),
				405(c)(3)(C),
				42
				U.S.C. 300d-4(b)(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.190 authorizes the Kentucky Board of
				Emergency Medical Services to promulgate administrative regulations concerning
				EMS information that ambulance services shall furnish to the board and
				authorizes the Kentucky Board of Emergency Medical Services to require
				collection and submission of EMS data that will allow for analysis of the
				state's needs for provision of EMS and that will allow the state to participate
				in the National Emergency Medical Services Information System (NEMSIS), a
				multi-partnered project that is funded by the National Highway Traffic Safety
				Administration, the Health Resources and Services Administration, the Centers
				for Disease Control and Prevention, the Federal Emergency Management
				Administration, and HRSA's Office of Rural Health Policy. This administrative
				regulation establishes standards and criteria for data collection, submission,
				and compliance.
Section 1. Data
			 Collection and Statewide Compliance Plan.
(1)
			 The board shall require each licensed ambulance service to collect and submit
			 run report data that aids in identifying patient care needs in the Commonwealth
			 of Kentucky.
(2) The board shall
			 collect, maintain, and use data provided by licensed ground and air ambulance
			 services to assist the board and other state and federal agencies relevant to
			 emergency management or public health.
(3) The information and data collected shall
			 be used at a minimum to determine demographic trends and other emerging
			 situations involving the provision of EMS to and the medical transport of
			 individuals within the state.
(4)
			 The board shall collect and use the submitted data to develop and adopt a
			 statewide plan for EMS Information and Analysis.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:550 - Required equipment and vehicle standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 311A.030, 311A.180, 311A.190,
				29 C.F.R.
				1910.135
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.020 requires the Board of Emergency
				Medical Services to exercise all administrative functions in the regulation of
				the emergency medical services system and the licensing of ambulance services
				and medical first response agencies, except those regulated by the Board of
				Medical Licensure or the Cabinet for Health and Family Services.
				KRS
				311A.030 requires the board to promulgate
				administrative regulations for the licensing, inspection, and regulation of
				ambulance providers and medical first response agencies. This administrative
				regulation establishes the required equipment to operate an ambulance
				service.
Section 1. Ground Ambulance
			 Specifications.
(1) Ground ambulances
			 utilized by Class I, II, III, and IV agencies shall:
(a) Have the name of the provider permanently
			 affixed by paint, decal, or wrap on both sides of the exterior surface of the
			 vehicle.
1. The name shall be the incorporated
			 name or the name under which the provider does business and as it appears on
			 the provider's license.
2. This
			 requirement shall not preclude a provider from adding additional names from
			 another entity on the vehicle due to a joint venture, if the name as licensed
			 by the board is larger, and visible and legible by the public.
3. A vehicle operated by an agency shall not
			 be marked with the words "advanced life support", "paramedic," or similar words
			 that convey essentially the same meaning on the vehicle's exterior surface
			 visible to the public unless the:
a. Vehicle
			 is always staffed at an Advanced Life Support level; or
b. Agency was licensed by the board prior to
			 January 1, 2018.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:560 - Ground vehicle staff

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 189.910-189.950,
				311A.030,
				311A.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.020 requires the Board of Emergency
				Medical Services to exercise all administrative functions in the regulation of
				the emergency medical services system and the licensing of ambulance services
				and medical first response agencies, except those regulated by the Board of
				Emergency Medical Services or the Cabinet for Health and Family Services.
				KRS
				311A.030 requires the board to promulgate
				administrative regulations for the licensing, inspection, and regulation of
				ambulance providers and medical first response agencies. This administrative
				regulation establishes the minimum staffing requirements for ground
				vehicles.
Section 1. Staffing
			 Requirements.
(1) Each Class I agency BLS
			 ambulance shall at minimum, be staffed by:
(a)
			 A driver certified as an emergency medical responder (EMR); and
(b) An attendant certified as an emergency
			 medical technician (EMT).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:575 - Fee schedules of licensed ambulance providers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.010,
				311A.032,
				61.870-61.884
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.032 requires the Kentucky Board of
				Emergency Medical Services to promulgate administrative regulations concerning
				the posting of fee schedules of licensed ambulance providers. This
				administrative regulation establishes standards and criteria governing the
				mandatory posting of fees, modification of fee schedules, reporting
				requirements, public posting requirements, and penalties for
				nonconformity.
Section 1. Fee Schedule
			 Disclosure.
(1) Licensed Ground and Air
			 Ambulance Services, and Medical First Response agencies shall provide a
			 comprehensive fee schedule consistent with
			 KRS
			 311A.032.
(2) The fee schedule shall be consistent with
			 the Healthcare Common Procedure Coding System (HCPCS). Itemized charges shall
			 be reflected for each of the following:
(a)
			 A0428- Ambulance service, BLS, non-emergency transport;
(b) A0429- Ambulance service, BLS, emergency
			 transport;
(c) A0426- Ambulance
			 service, ALS1, non-emergency transport;
(d) A0427- Ambulance service, ALS1, emergency
			 transport;
(e) A0430- Ambulance
			 service, conventional air services, transport, one way (fixed wing);
(f) A0431- Ambulance service, conventional
			 air services, transport, one way (rotary wing);
(g) A0433- Advanced life support, level 2
			 (ALS2);
(h) A0434- Specialty Care
			 Transport (SCT);
(i) A0425- Ground
			 mileage, per statute mile;
(j)
			 A0436- Rotary Wing Air Mileage, per statute mile;
(k) A0435- Fixed Wing Air Mileage, per
			 statute mile; and
(l) Other
			 charges.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:601 - Training, education, and continuing education

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.050,
				311A.120,
				311A.130, Chapter 362, Chapter
				365
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.120 and
				311A.125 require the board to
				promulgate administrative regulations establishing standards related to the
				training and education of emergency medical services personnel.
				KRS
				311A.130 requires proper in-service and
				in-house in-service training and education.
				KRS
				311A.025 requires the board to establish
				levels of certification. This administrative regulation establishes
				requirements for an organization to be approved by the board as an Emergency
				Medical Service Training and Education Institute (EMS-TEI) and also establishes
				standards for the certification and recertification of emergency medical
				services educators and providers.
Section
			 1. Education Committee.
(1) The
			 board shall create and recognize a standing committee on EMS
			 Education.
(2) The Education
			 Committee shall consist of seven (7) voting members representative of EMS
			 Educators in the Commonwealth of Kentucky. The Education Committee shall
			 consist of:
(a) One (1) voting member of the
			 board;
(b) One (1) director,
			 coordinator, or lead instructor affiliated with a board-certified EMS-TEI
			 4;
(c) One (1) director,
			 coordinator, or lead instructor affiliated with a board-certified EMS-TEI
			 3;
(d) One (1) director,
			 coordinator, or lead instructor affiliated with a board-certified EMS-TEI
			 2;
(e) One (1) director,
			 coordinator, or lead instructor affiliated with a board-certified EMS-TEI CE;
			 and
(f) Two (2) EMS educators at
			 large affiliated with a board-certified EMS-TEI.
(3) The Education Committee shall schedule on
			 an annual basis at least six (6) regular meetings of the committee.
(4) The purpose and charge of the Education
			 Committee shall be to:
(a) Assist the board in
			 developing a strategic plan for EMS education in the Commonwealth of
			 Kentucky;
(b) Act as a resource for
			 EMS educators and EMS-TEIs in the Commonwealth of Kentucky; and
(c) Assume the lead role in formulating,
			 drafting, and sending to the board for approval and subsequent promulgation of
			 all administrative regulations that set the standards and requirements for EMS
			 education and EMS provider certification in the Commonwealth of
			 Kentucky.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:701 - Scope of practice matters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.050,
				311A.135,
				311A.140,
				311A.160,
				311A.165,
				311A.170,
				311A.175
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.025,
				311A.030,
				311A.135,
				311A.140,
				311A.160,
				311A.165, and
				311A.170 require the board to
				promulgate administrative regulations relating to the scope of practice for
				individuals certified or licensed by the board. This administrative regulation
				establishes the scope of practice.
Section
			 1. Emergency Medical Responder.
(1) In addition to the skills and procedures
			 established in the current National Highway Traffic Safety Administration
			 National EMS Scope of Practice Model, emergency medical responders certified by
			 the board shall be eligible to perform the supplemental procedures:
(a) Cervical spine and spinal immobilization;
			 and
(b) Administration of Naloxone
			 via Nasal Atomization Devices.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:801 - Medical directors

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.025,
				311A.055,
				311A.125,
				311A.130,
				311A.170,
				311A.175,
				311A.180
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.025 requires the board to promulgate
				administrative regulations relating to EMS medical directors. This
				administrative regulation establishes requirements for EMS medical
				directors.
Section 1. EMS Medical
			 Director Requirements.
(1) EMS medical
			 directors shall:
(a) Hold a current,
			 unrestricted license to practice medicine in Kentucky; and
(b) Have knowledge of EMS laws and
			 administrative regulations in Kentucky.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 8 - Kentucky Military Heritage Commission › Section 202 KAR 8:030 - Procedure for Kentucky Military Heritage nomination, designation, and rescission

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				171.782(3),
				171.784,
				171.786
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				171.782(4) requires the
				Kentucky Military Heritage Commission to promulgate administrative regulations
				necessary to carry out
				KRS
				171.780 to
				171.788
				and to protect military heritage sites and objects.
				KRS
				171.784(4) requires the
				commission to promulgate administrative regulations with regard to the process
				of designation of a military heritage site or object and the characteristics of
				qualifying sites or objects.
				KRS
				171.786(3) requires the
				commission to promulgate administrative regulations regarding rescission of a
				designated military heritage site or object. This administrative regulation
				establishes the procedure for the nomination, designation, and rescission of
				military heritage sites and objects.
Section
			 1. Definitions.
(1) "Articles of
			 designation" means the writing by which any estate, interest, or right in a
			 military heritage site is formally designated as provided in
			 KRS
			 171.782 to
			 171.786.
(2) "Destroyed" means the physical act of
			 demolishing or tearing down or razing character-defining features or historic
			 landscape components of the designated military heritage site.
(3) "Military heritage" is defined by
			 KRS
			 171.780(2).
(4) "Military heritage object" is defined by
			 KRS
			 171.780(4).
(5) "Military heritage site" is defined by
			 KRS
			 171.780(3).
(6) "Removed" means:
(a) The act of taking or removing the object
			 from the site where it is located at the time of designation; or
(b) Removing character-defining features or
			 historic landscape components from the designated military heritage
			 site.
(7) "Significantly
			 altered" means to be modified, changed, improved, reconstructed, defaced,
			 vandalized, or damaged in any manner that is not considered ordinary repairs,
			 maintenance, or renovations and is inconsistent with the U.S. Secretary of the
			 Interior's Standards for the Treatment of Historic Properties, 36 C.F.R.
			 68.
(8) "Sold" means the transfer,
			 sale, gift, donation, or exchange of ownership by agreement with or physical
			 conveyance to a person or entity other than the owner at the time of
			 designation.
(9) "Temporary loan"
			 means the loan of a designated military heritage object to a person or entity
			 other than the owner at the time of designation for a period not to exceed one
			 (1) year.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 10 - Kentucky Public Transportation Infrastructure Authority › Section 202 KAR 10:010 - Unsolicited proposals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 175B.005, 175B.010,
				175B.015(12)(d), 175B.020(5)-(9), 175B.030, 175B.035, 175B.037, 175B.040,
				175B.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				175B.015(12)(d) authorizes
				the state authority to promulgate administrative regulations to fulfill any
				requirements of KRS Chapter 175B.
				KRS
				175B.020(5) authorizes the
				state authority to receive unsolicited proposals if certain criteria are met.
				This administrative regulation establishes the process by which the state
				authority may receive, evaluate, approve, and reject unsolicited
				proposals.
Section 1. Definitions.
(1) "Best interest of the commonwealth" means
			 the unsolicited proposal meets goals of the state authority and the cabinet on
			 safety, economic growth, enhancing the state transportation system, and
			 technical and economic feasibility.
(2) "Cabinet" is defined by
			 KRS
			 175B.010(3).
(3) "Project" is defined by
			 KRS
			 175B.010(11).
(4) "Public-private partnership" is defined
			 by
			 KRS
			 175B.010(14).
(5) "State authority" is defined by
			 KRS
			 175B.010(16).
(6) "Unsolicited proposal" means a proposal
			 submitted pursuant to
			 KRS
			 175B.020(5) to
			 (9).
(7) "Unsolicited proposer" means a person,
			 business, or entity submitting an unsolicited proposal.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 10 - Kentucky Public Transportation Infrastructure Authority › Section 202 KAR 10:020 - Public-private partnerships

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.085,
				154.1-750,
				175B.005,
				175B.010,
				175B.020,
				175B.030,
				175B.035,
				175B.037,
				175B.040,
				175B.095,
				49 C.F.R. Part 26
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				175B.015(12)(d) authorizes
				the state authority to promulgate administrative regulations to fulfill any
				requirements of KRS Chapter 175B.
				KRS
				175B.020(1)(c) authorizes
				the state authority to request the establishment of a public-private
				partnership as well as bi-state authorities and project authorities. This
				administrative regulation establishes the criteria by which the state authority
				shall determine if the public-private partnership procurement method is
				appropriate for a project.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 175B.010(3).
(2) "Private partner" is defined by
			 KRS
			 175B.010(10).
(3) "Project" is defined by
			 KRS
			 175B.010(11).
(4) "Public-private partnership" is defined
			 by
			 KRS
			 175B.010(14).
(5) "State authority" is defined by
			 KRS
			 175B.010(16).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 10 - Kentucky Public Transportation Infrastructure Authority › Section 202 KAR 10:030 - Tolling projects

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 65.245,
				175B.010(11), (14),
				(16),
				175B.015(12),
				175B.035(8),
				175B.040,
				281A.010(8)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				175B.015(12)(c) authorizes
				the state authority to promulgate administrative regulations to collect and
				enforce tolls.
				KRS
				175B.015(12)(a) authorizes
				the authority to establish the process for collection and enforcement
				procedures for fines, charges, assessments, and other enforcement mechanisms
				for the violation of
				KRS
				175B.040(4), and for any
				violation of this administrative regulation.
				KRS
				175B.015(12)(b) authorizes
				the state authority to establish an appeals process by which a person
				contesting a violation of this administrative regulation may obtain an
				administrative hearing to be conducted in accordance with KRS Chapter 13B. For
				the purpose of efficiently administrating the toll systems, this administrative
				regulation establishes the process by which the state authority shall collect
				and enforce tolls, establish enforcement mechanisms, and an appeals
				process.
Section 1. Definitions.
(1) "Commercial motor vehicle" is defined by
			 KRS
			 281A.010(8).
(2) "Development agreement" means a written
			 agreement containing the information required by
			 KRS
			 175B.035(8).
(3) "Interlocal agreement" means a written
			 agreement as contemplated by
			 KRS 65.245.
(4) "Out-of-service notice" means an affixed
			 notice as contemplated by
			 601 KAR
			 1:005, Section 6.
(5) "Photo toll" means a charge associated
			 with a particular vehicle that is identified by the vehicle's license plate if
			 the vehicle's registered owner does not have a toll account.
(6) "Project" is defined by
			 KRS
			 175B.010(11).
(7) "Project document" means the development
			 agreement, public-private partnership agreement, or interlocal agreement for a
			 project.
(8) "Protestant" means a
			 person who protests the imposition of a toll, fine, or fee.
(9) "Protestant's vehicle" means the
			 registered vehicle of a protestant used when the unpaid toll, fine, or fee was
			 assessed or the toll account was debited.
(10) "Public-private partnership" is defined
			 by
			 KRS
			 175B.010(14).
(11) "Public private partnership agreement"
			 means the agreement contemplated by
			 KRS
			 175B.020(1)(c)(4).
(12) "State authority" is defined by
			 KRS
			 175B.010(16).
(13) "Toll account" means a prepaid account
			 that is linked to a transponder, license plate, or other means of
			 identification of a vehicle in order to pay a toll by automatic
			 debit.
(14) "Toll operator" means
			 any entity designated by the state authority to implement and operate a toll
			 system for a project.
(15)
			 "Transponder" means a device used to identify and automatically debit a toll
			 account for purposes of toll collection.
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 1 - Department of Travel Development › Section 300 KAR 1:010 - Procedure for Regional Marketing and Matching Funds Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				91A.350,
				142.406,
				148.522,
				148.525,
				273.161-273.405
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				148.525(2) requires the
				Division of Marketing and Advertising to be responsible for the state matching
				fund tourism advertising program.
				KRS
				148.525(3) authorizes the
				Commissioner of the Department of Tourism to promulgate administrative
				regulations to promote, develop, and support the tourism industry in Kentucky.
				This administrative regulation establishes uniform and consistent
				administration of the application, participation, and reimbursement
				requirements of the Regional Marketing and Matching Funds Program.
Section 1. of Definitions.
(1) "Designated Marketing Organization" means
			 the organization designated by a county's fiscal court, such as Chamber of
			 Commerce or Fiscal Court, to receive Regional Marketing and Matching funds when
			 no Convention & Visitors Bureau or Tourism Commission exists in the
			 county.
(2) "Number of rooms" means
			 total number of rooms within a county or city for which transient room tax is
			 collected from an overnight stay at the property.
(3) "Program Year" means the Regional
			 Marketing and Matching Funds Program Year that:
(a) Runs for a fiscal year;
(b) Has one (1) application deadline of June
			 1; and
(c) Has two (2) final
			 reimbursement deadlines:
1. February 1 for
			 projects completed July through December; and
2. August 1 for projects completed January
			 through June.
(4) "Promotional project" means a project
			 that:
(a) Promotes tourism opportunities
			 throughout one (1) of the nine (9) tourism regions designated by the Department
			 of Tourism as a tourism region.
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 2 - Office of the Secretary › Section 300 KAR 2:010 - Kentucky Tourism Development Act Sales Tax Credit Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				139.536,
				148.850,
				148.851,
				148.853,
				148.855,
				148.857,
				148.859,
				148.860
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				148.855(1) requires the
				Tourism Cabinet to establish standards for the making of an application for
				inducements and the recommendation to the Kentucky Economic Development Finance
				Authority of an eligible company and its tourism attraction project pursuant to
				the Kentucky Tourism Development Act Sales Tax Credit Program. This
				administrative regulation establishes these standards.
Section 1. Definitions.
(1) "Agreement" is defined in
			 KRS
			 148.851(1).
(2) "Authority" is defined in
			 KRS
			 148.851(4).
(3) "Eligible company" is defined in
			 KRS
			 148.851(6).
(4) "Inducements" is defined in
			 KRS
			 148.851(9).
(5) "Preliminary approval" is defined in
			 KRS
			 148.851(10).
(6) "Tourism attraction project" is defined
			 in
			 KRS
			 148.851(14).
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 2 - Office of the Secretary › Section 300 KAR 2:020 - Tourism Development Loan Program; criteria for making and collecting loans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				148.850,
				148.851,
				148.853,
				148.855,
				148.857,
				148.859,
				148.860
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				148.850(4) requires the
				Secretary of Tourism to establish criteria for the disbursement and collection
				of funds appropriated to the Tourism Development Loan Program. This
				administrative regulation establishes those criteria.
Section 1. Definitions. As used in this
			 administrative regulation, the following terms have the following meanings:
(1) "Authority" means the Tourism Development
			 Finance Authority.
(2) "Cash match
			 basis" means the amount of investment by the borrower from equity or other loan
			 sources, which is equal to or greater than the amount borrowed through the
			 program.
(3) "Fixed costs" are
			 costs incurred in acquiring, constructing, reconstructing, rehabilitating,
			 renovating, enlarging, improving, equipping, maintaining, or furnishing the
			 tourism project, including site clearance and preparation.
(4) "Fund" means the loan fund authorized for
			 the Tourism Development Loan Program by
			 KRS
			 148.850(4).
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 2 - Office of the Secretary › Section 300 KAR 2:030 - Kentucky Tourism Development Act

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				11A.233,
				148.850,
				148.851,
				148.853,
				148.855,
				148.857,
				148.859,
				148.860
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				148.857 requires the authority to establish
				standards for preliminary approval and final approval of an eligible company
				and its tourism attraction project for inducements granted pursuant to the
				Kentucky Tourism Development Act Sales Tax Credit Program. This administrative
				regulation establishes such standards.
Section
			 1. Definitions. Definitions for terms used in this administrative
			 regulation are contained in
			 KRS
			 148.851.
Section 2. Preliminary Approval Standards.
			 The authority shall grant preliminary approval to an eligible company and its
			 tourism attraction project based upon:
(1) The
			 information contained in the written request submitted to the authority by the
			 secretary of the Tourism Development Cabinet;
(2) The application submitted to the Tourism
			 Development Cabinet for a tourism attraction project in accordance with
			 300
			 KAR 2:010, Section 3; and
(3) A completed Tourism Development Cabinet
			 Economic Incentive Disclosure Statement filed with the secretary of the Tourism
			 Development Cabinet as part of the application in accordance with
			 300
			 KAR 2:010, Section 3.
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 2 - Office of the Secretary › Section 300 KAR 2:040 - Kentucky film industry incentives application and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 148.544
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 148.546 requires
				the Film Office within the Tourism, Arts and Heritage Cabinet to establish
				standards for the making of an application for incentives and to set forth the
				fees for application for incentives. This administrative regulation establishes
				these standards.
Section 1.
			 Definitions.
(1) "Application" means the
			 Kentucky Film Office Film Production Company Refundable Tax Credit
			 Application.
(2) "Authority" means
			 the Kentucky Tourism Development Finance Authority.
(3) "Eligible company" is defined by
			 KRS
			 148.542(10).
(4) "Motion Picture or Entertainment
			 Production" is defined by
			 KRS
			 148.542(14).
(5) "Office" is defined by
			 KRS
			 148.542(16).
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 5 - Kentucky Historical Society › Section 300 KAR 5:010 - Museum unclaimed property

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				171.830 - 171.849
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				171.849 requires the Kentucky Historical
				Society to promulgate administrative regulations relating to property on loan
				to museums in Kentucky. This administrative regulation establishes procedures
				for museums to follow to acquire title of unclaimed property in the museums'
				possession.
Section 1. Definitions.
(1) "Conservation measures" means
			 stabilization of an object or specimen that is in the possession of the museum
			 according to the conservation and restoration guidelines established by the
			 ICOM Code of Ethics.
(2) "ICOM"
			 means International Council of Museums.
(3) "KHS" means Kentucky Historical
			 Society.
(4) "Publication" or
			 "publicize" means notification to the public in an effort to locate the owner
			 of unclaimed property in either print or electronic online format in accordance
			 with
			 KRS
			 171.840(2)(c).
(5) "Unclaimed Property" means a tangible
			 object in the custody of the museum that:
(a)
			 Has intrinsic historical, artistic, scientific, or cultural value;
			 and
(b) Whose owner is unknown or
			 has failed to claim the object.
Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 7 - Kentucky Horse Park Commission › Section 300 KAR 7:010 - Golf carts, all-terrain vehicles and horse trailers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 148.285,
				148.290,
				148.991
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				148.290 authorizes the Kentucky Horse Park
				Commission to restrict the use of golf carts, all-terrain vehicles and horse
				trailers on the Kentucky Horse Park and to establish a permitting system.
				KRS 148.991 permits the
				Executive Director of the Kentucky Horse Park or his designee to have a
				violator's golf cart, all-terrain vehicle or horse trailer impounded and cited.
				This administrative regulation establishes restrictions on the usage of these
				vehicles on the Kentucky Horse Park and establishes a permitting system for
				golf carts and horse trailers.
Section
			 1. Definitions.
(1) "All-terrain
			 Vehicle" or "ATV" is defined in
			 KRS
			 189.010(24).
(2) "Commission" is defined in
			 KRS 148.258.
(3) "Golf cart" means any motorized vehicle,
			 not an ATV or wheelchair, that cannot be licensed for use on public roadways
			 except as provided by
			 KRS
			 189.286.
(4) "Horse trailer" means any vehicle used to
			 transport horses.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:010 - Commercial boat docks, concession stands, and boat rental facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.620 authorizes the department to
				promulgate administrative regulations for the maintenance and operation of the
				lands it has acquired for public recreation. This administrative regulation
				establishes the approval process for the construction of commercial boat docks,
				concession stands, and boat rental facilities on lakes and shoreline owned or
				controlled by the department.
Section
			 1. Written Request, Public Notice, and Public Hearings.
(1) The following activities shall be
			 prohibited on - department-owned or - controlled lakes and shorelines without
			 prior written approval from the department:
(a) Construction and operation of a
			 commercial boat dock;
(b)
			 Construction and operation of a concession stand; and
(c) Boat rental.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:012 - Boating, swimming and water skiing and other activities on department-owned or controlled lakes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.090,
				150.620,
				150.625,
				150.640
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 authorizes the department to
				promulgate administrative regulations restricting the use of state recreational
				areas. This administrative regulation establishes the safety procedures for
				multiple use of state waters to ensure noninterference with the primary users,
				fishermen.
Section 1. Definitions.
(1) "Slow speed" means speed attained with
			 the throttle of the motor set at its slowest forward position.
(2) "Speeding and reckless operation" means
			 any operation of a boat in any area of a lake that may endanger other persons
			 or craft using the lake by intimidation, direct contact or by waves created by
			 the speed or reckless operation of a boat.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:015 - Boat and motor restrictions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.090,
				150.625,
				150.990,
				235.010(4),
				235.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.620 authorizes the department to
				promulgate administrative regulations governing lands and waters the department
				has acquired.
				KRS
				235.280 requires the department, with
				approval of the Department of Fish and Wildlife Resources Commission, to
				promulgate administrative regulations to govern the fair, reasonable,
				equitable, and safe use of all waters of this state. This administrative
				regulation establishes size limits of boats and motors on small lakes for
				safety reasons and to minimize interference with other users.
Section 1. Definition. "Idle speed" means the
			 slowest possible speed at which maneuverability can be maintained.
Section 2.
(1) On a lake established in subsection (2)
			 of this section, a person shall not operate a:
(a) House boat;
(b) Monohull boat with a center-line length
			 exceeding twenty-two (22) feet; or
(c) Pontoon boat with a float or decking
			 exceeding twenty-two (22) feet, except on:
1.
			 Guist Creek Lake, where a pontoon boat with a float or decking up to
			 twenty-four (24) feet or a monohull boat with a center-line length up to
			 twenty-four (24) feet and seating for at least eight (8) passengers may be
			 operated; or
2. A lake established
			 in clauses a. through c. of this subparagraph, where a pontoon boat with a
			 float or decking up to thirty (30) feet or a monohull boat with a center-line
			 length up to twenty-four (24) feet and seating for at least eight (8)
			 passengers may be operated:
a. Cedar Creek
			 Lake;
b. Lake Beshear; or
c. Lake Malone.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:016 - Use of lands and waters on lakes owned or controlled by the department

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.090,
				150.625,
				150.640
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations reasonably necessary to
				implement or carry out the purposes of KRS Chapter 150.
				KRS
				150.620 authorizes the department to
				promulgate administrative regulations governing the use of lands and waters it
				has acquired for wildlife management and public recreation. This administrative
				regulation governs all private structures on property owned or controlled by
				the department, the private use of public lake water, and permitted and
				prohibited activities on department-owned or controlled land surrounding
				department-owned waters.
Section 1.
			 Definitions.
(1) "Adjacent landowner" means
			 the owner of real property that shares a common boundary with department
			 property.
(2) "Boat dock" means a
			 privately owned floating or fixed structure that is used by an adjacent
			 landowner to moor a boat on department property.
(3) "Boat dock tag" means a metal tag
			 provided by the department that has a unique combination of letters and
			 numbers, and is permanently affixed to an approved boat dock so that it is
			 visible from the lake.
(4)
			 "Department property" means lands or waters controlled by the department
			 through ownership, lease, license, easement, or cooperative agreement at the
			 department-owned lakes listed in Section 2 of this administrative
			 regulation.
(5) "Existing
			 structure" means an exempted access or nonaccess structure built on department
			 property prior to the effective date of this administrative
			 regulation.
(6) "Normal pool" means
			 a water level equal to the elevation of the lake's principal
			 spillway.
(7) "Permanent dwelling"
			 means a private residence on an adjacent landowner's land that is both fixed in
			 location and of durable permanent construction, but does not include tents,
			 motorized vehicles, trailers, camp trailers, or any type of interim
			 construction or residence.
(8)
			 "Rebuild" means to totally reconstruct.
(9) "Shoreline use permit" means a permit
			 issued by the department that allows an adjacent landowner to construct a new
			 access structure or to keep or rebuild an existing structure on department
			 land.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:018 - Use of boating access areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.620,
				235.315,
				433.757
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.620 authorizes the department to
				establish public shooting and fishing grounds and similar or related
				recreational facilities.
				KRS
				235.280 requires the department to promulgate
				administrative regulations to govern the fair, reasonable, equitable and safe
				use of the waters of this state. This administrative regulation establishes the
				activities that are not allowed at boating access areas.
Section 1. Definitions.
(1) "Boating access area" means property
			 owned or managed by the department and identified by signs as a public facility
			 for launching and retrieving boats, including:
(a) Ramps, parking lots, courtesy docks, and
			 access roads; and
(b) A zone
			 extending fifty (50) feet into the water adjacent to the department property
			 described in paragraph (a) of this subsection.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:019 - Cedar Creek Lake

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025,
				150.620,
				150.625,
				150.640
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 and
				150.620
				authorize the department to promulgate administrative regulations restricting
				the use of state recreational areas. This administrative regulation establishes
				the safety procedures for multiple use of state waters to ensure
				noninterference with the primary users, fishermen.
Section 1. Definitions.
(1) "Buffer zone" means the area from the
			 lake pool level of Cedar Creek Lake to the marked boundary.