reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 10 - Securities › Section 808 KAR 10:460 - Request for approval of change in control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				292.330(13)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				292.500(3) authorizes the
				executive director to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 292.
				KRS
				292.330(12)(f) authorizes
				the commissioner to promulgate administrative regulations for the conduct of
				business by broker-dealers and investment advisers.
				KRS
				292.330(13)(a) authorizes
				the commissioner to deny, suspend, or revoke the registration of a
				broker-dealer or investment adviser if the registrant or any person, directly
				or indirectly controlling the registrant has engaged in certain activities.
				This administrative regulation requires registrants to submit a request for a
				change in the control of the registrant so that the commissioner may review the
				background of the acquiring person.
Section
			 1. Definitions.
(1) "Control"
			 means the power, directly or indirectly, to direct the management or policies
			 of an entity, whether through ownership of securities, by contract, or
			 otherwise.
(2) "Reportable event"
			 means an event that is required to be reported in Items 11A-11H of the Form BD
			 or Item 11 of the Form ADV.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 10 - Securities › Section 808 KAR 10:490 - Procedures for distributing and using funds from the Securities Fraud Prosecution and Prevention Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				292.322
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				292.322(6) requires the
				commissioner to promulgate administrative regulations, in consultation with the
				Attorney General and local prosecutors, for the use of money in the Securities
				Fraud Prosecution and Prevention Fund. This administrative regulation
				establishes the procedures for distributing and using the money from the
				Securities Fraud Prosecution and Prevention Fund.
Section 1. Definitions.
(1) "Commissioner" is defined by
			 KRS
			 292.310(4).
(2) "Department" is defined by
			 KRS
			 292.310(7).
(3) "Outside agency" means:
(a) The office of the Kentucky Attorney
			 General;
(b) The office of the
			 United States Attorney;
(c) The
			 office of any county or Commonwealth attorney in Kentucky; or
(d) Any other state or federal regulatory or
			 criminal enforcement agency.
(4) "Securities Fraud Prosecution and
			 Prevention Fund" means the account established under
			 KRS
			 292.322(1).
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 10 - Securities › Section 808 KAR 10:500 - Required forms, fees, filing procedures, and recordkeeping requirements for persons operating pursuant to KRS 292.411 and KRS 292.412, the Kentucky Intrastate Crowdfunding Exemption

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				292.330,
				292.411,
				292.412
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				292.500(3) authorizes the
				commissioner to promulgate administrative regulations necessary to carry out
				the provisions of KRS Chapter 292.
				KRS
				292.411(1)(f) and (s)
				require the commissioner to prescribe the notice filing form to be used, the
				filing fee to be paid, and the records to be kept by an issuer.
				KRS
				292.412(2) requires the
				commissioner to prescribe the filing procedure and form to be used by
				registered broker-dealers operating an Internet Web site pursuant
				KRS
				292.411(1)(r).
				KRS
				292.412(3), (5), (6), (7), and
				(8) require the commissioner to prescribe
				filing procedures and forms for applications and renewal applications, the
				filing fees to be paid, the records to be kept, and the examination fees for
				Internet Web site operators. This administrative regulation establishes the
				required forms, fees, filing procedures, and recordkeeping requirements for
				persons operating pursuant to
				KRS
				292.411 and
				KRS
				292.412, the Kentucky Intrastate
				Crowd-funding Exemption.
Section 1.
			 Definitions.
(1) "Commissioner" is defined by
			 KRS
			 292.310(4).
(2) "Completion of an offering" means the
			 occurrence of one (1) of the following:
(a)
			 The date upon which the offering deadline expires;
(b) The date upon which the transaction
			 becomes void pursuant to
			 KRS
			 292.411(1)(i); or
(c) If the offering is closed prior to the
			 offering deadline pursuant to
			 KRS
			 292.411(k), the date of
			 early closing.
(3)
			 "Internet Web site operator" means a person registered as an Internet Web site
			 operator pursuant to
			 KRS
			 292.412.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 10 - Securities › Section 808 KAR 10:501 - Required forms, fees, filing procedures, and recordkeeping requirements for persons operating pursuant to KRS 292.411 and KRS 292.412, the Kentucky Intrastate Crowdfunding Exemption; and notice filing requirements for federal crowdfunding offerings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				292.327, 292.330-292.390,
				292.411,
				292.412,
				15 U.S.C.
				77d,
				15 U.S.C.
				77r, 17 C.F.R. Part 227
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				292.500(3) authorizes the
				commissioner to promulgate administrative regulations necessary to carry out
				the provisions of KRS Chapter 292.
				KRS
				292.411(1)(f) and (s)
				require the commissioner to prescribe the notice filing form to be used, the
				filing fee to be paid, and the records to be kept by an issuer.
				KRS
				292.412(2) requires the
				commissioner to prescribe the filing procedure and form to be used by
				registered broker-dealers operating an Internet Web site pursuant
				KRS
				292.411(1)(r).
				KRS
				292.412(3), (5), (6), (7), and
				(8) require the commissioner to prescribe
				filing procedures and forms for applications and renewal applications, the
				filing fees to be paid, the records to be kept, and the examination fees for
				Internet Web site operators. This administrative regulation establishes the
				required forms, fees, filing procedures, and recordkeeping requirements for
				persons operating pursuant to
				KRS
				292.411 and
				KRS
				292.412, the Kentucky Intrastate Crowdfunding
				Exemption, and notice filing requirements for federal crowdfunding
				offerings.
Section 1. Definitions.
(1) "Commissioner" is defined by
			 KRS
			 292.310(4).
(2) "Completion of an offering" means the
			 occurrence of one (1) of the following:
(a)
			 The date upon which the offering deadline expires;
(b) The date upon which the transaction
			 becomes void pursuant to
			 KRS
			 292.411(1)(i); or
(c) If the offering is closed prior to the
			 offering deadline pursuant to
			 KRS
			 292.411(k), the date of
			 early closing.
(3)
			 "Internet Web site operator" means a person registered as an Internet Web site
			 operator pursuant to KRS 292.412.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 12 - Mortgage Loan Companies and Mortgage Loan Brokers › Section 808 KAR 12:020 - Claims of exemption

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.8-010,
				286.8-020,
				286.8-030,
				286.8-044,
				286.8-048,
				286.8-090
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.8-140(1) authorizes the
				commissioner to promulgate administrative regulations necessary to accomplish
				the basic purposes of KRS Chapter 286.8.
				KRS
				286.8-020(3) requires a
				person relying upon an exemption established in
				KRS 286.8-020(1)(i) or
				(2)(a)-(2)(b) to file with the commissioner a
				written application for a claim of exemption. This administrative regulation
				establishes the procedure for filing a written application pursuant to
				KRS
				286.8-020(3).
Section 1.
(1) A person filing a claim of exemption
			 under
			 KRS
			 286.8-020(3) shall:
(a) Submit a completed application for a
			 claim of exemption as required by subsection (2) of this section; and
(b) Enclose with the application
			 documentation that supports the applicant's claim of exemption, as set forth in
			 the applicable application form.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 12 - Mortgage Loan Companies and Mortgage Loan Brokers › Section 808 KAR 12:050 - Processing and closing charges for real estate loans to consumers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.8-120(1), (2),
				(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.8-120(1) and (2)
				authorize a mortgage loan company to require a borrower to pay all necessary
				and reasonable expenses incurred in connection with a loan and all other
				necessary and incidental services rendered by the mortgage loan company or
				others. This administrative regulation requires the disclosure of fees paid,
				prohibits markups on certain services, and requires disclosure of ownership and
				control.
Section 1. All fees paid to or
			 collected by a mortgage loan company or a mortgage loan broker in connection
			 with a mortgage loan shall be disclosed as being paid to the mortgage loan
			 company or mortgage loan broker, or lender on the closing disclosure for the
			 mortgage loan. The disclosure shall clearly and unambiguously disclose the
			 identity of the recipient of each fee.
Section
			 2.
(1)
(a) A mortgage loan company or mortgage loan
			 broker shall not mark up the cost of services performed or goods provided by
			 another settlement service provider if no work, nominal work, or duplicative
			 work is performed.
(b) Services
			 that may not be marked up shall include:
1.
			 Appraisal fees;
2. Surveyor fees;
			 and
3. Credit reporting
			 fees.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 14 - Administrative Hearings › Section 808 KAR 14:010 - Record retention

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 286, 12 C.F.R. Part 749
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.3-375(4) requires the
				commissioner to promulgate an administrative regulation classifying all records
				kept by a bank and prescribing the time period for which records of each class
				shall be retained.
				KRS
				286.1-020(1) and
				286.6-070
				authorize the commissioner to promulgate administrative regulations for the
				proper conduct and regulation of credit unions.
				KRS
				286.8-160(2) authorizes the
				commissioner to promulgate administrative regulations establishing preservation
				requirements for records governed by KRS Chapter 286.8.
				KRS
				286.4-610(1) authorizes the
				commissioner to promulgate administrative regulations for the proper conduct of
				the consumer loan businesses licensed under KRS Chapter 286.4.
				KRS
				286.7-530 authorizes the commissioner to
				promulgate administrative regulations for the proper conduct of the industrial
				loan corporations licensed under KRS Chapter 286.7. This administrative
				regulation establishes recordkeeping requirements for department
				licensees.
Section 1. Definition.
			 "Record" means any books of account or other books, journals, ledgers,
			 statements, instruments, documents, files, messages, writings, or other
			 internal data or information, made or received by a financial institution in
			 the regular course of the financial institution's business or otherwise,
			 regardless of the mode in which it is recorded.
Section 2. Preservation Period for Records.
(1) Unless a longer period is required by
			 federal law or federal regulation, a Kentucky Revised Statute, or an
			 administrative regulation, licensees shall maintain records in accordance with
			 the Record Retention Schedule.
(2)
			 Credit Unions' Record Retention Schedule.
(a)
			 Unless a longer retention period is required by subsection (b) of this section
			 or other law, credit unions shall comply with the records retention
			 requirements in Appendix A to 12 C.F.R. Part 749 .
(b) A credit union shall retain all records
			 for at least twenty-four (24) months after the close of the calendar year
			 during which the record was generated.
(c) Credit unions shall maintain a vital
			 records preservation program in compliance with 12 C.F.R. Part 749 .
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 14 - Administrative Hearings › Section 808 KAR 14:020 - Annual reporting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.4-590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.4-610(1) authorizes the
				commissioner to promulgate administrative regulations for the proper conduct of
				the consumer loan businesses licensed under KRS Chapter 286.4. This
				administrative regulation establishes the forms on which a licensee shall
				submit annual reports pursuant to
				KRS
				286.4-590.
Section 1. Consumer Loan Licensees. A person
			 filing an annual report pursuant to
			 KRS
			 286.4-590 shall complete and submit the
			 following on or before January 30 of each year:
(1) Form CL-2, Annual Report to the
			 Department of Financial Institutions; and
(2) If the person has more than one (1)
			 licensed location and chooses to complete Form CL-2 as a composite report for
			 all locations, a Form CL-3, Supplement to the Annual Report to the Department
			 of Financial Institutions for each licensed location.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 15 - General › Section 808 KAR 15:010 - Exceptions to bank lending limits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.3-280,
				286.3-290,
				286.3-300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.1-011(2) requires the
				Department of Financial Institutions to exercise all administrative functions
				of the state in relation to the regulation, supervision, chartering, and
				licensing of banks.
				KRS
				286.1-020(1) authorizes the
				commissioner to promulgate administrative regulations as are necessary to
				interpret and carry out the provisions and intent of KRS Chapter 286.1.
				KRS
				286.3-290(2) establishes
				exceptions to the maximum debt to banks and authorizes the commissioner to
				make, alter, and repeal administrative regulations respecting the total
				liabilities of any person which meets the requirements of
				KRS
				286.3-290(2)(a) through
				2(c). This administrative regulation establishes the status of excess funds
				(federal funds) transactions so as to ensure the maintenance of competitive
				equality between state and national banks in Kentucky, and provides for an
				exception to the bank lending limits for excess funds transactions and loans,
				or extensions of credit secured by certain types of government
				obligations.
Section 1. Definition.
			 "Excess funds transaction" means a transaction between commercial banks
			 involving the adjustment of their legal reserve positions through the short
			 term transfer of reserve deposits.
Section
			 2. Excess funds transactions between state banks, and between
			 state and national banks shall be regarded as the interbank transfer of reserve
			 deposits.
Section 3. The lending
			 limits and reserve requirements set forth by
			 KRS
			 286.3-280 and
			 286.3-300 shall
			 not apply to:
(1) Excess fund
			 transactions;
(2) Loans or
			 extensions of credit secured by:
(a) Bonds,
			 notes, certificates of indebtedness, treasury bills, and other direct
			 obligations of the United States; or
(b) General obligations of the Commonwealth
			 of Kentucky.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 15 - General › Section 808 KAR 15:020 - Stay of notice of intention to remove from office

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.3-690(10)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.1-011(2) requires the
				Department of Financial Institutions to exercise all administrative functions
				of the state in relation to the regulation, supervision, chartering, and
				licensing of banks.
				KRS
				286.1-020(1) authorizes the
				commissioner to promulgate administrative regulations as are necessary to
				interpret and carry out the provisions and intent of KRS Chapter 286.1.This
				administrative regulation sets forth the procedure to apply for a stay of a
				notice of intention to remove from office an officer or director of a bank
				pursuant to
				KRS
				286.3-690(10), which affords
				a ten (10) day period for such application.
Section
			 1. To obtain a stay of a Notice of Intention to Remove from
			 Office, issued by the Commissioner pursuant to
			 KRS
			 286.3-690(8), parties shall
			 follow the procedures set forth in Civil Rule 65 of the Kentucky Rules of Civil
			 Procedure.
STATUTORY AUTHORITY:
				  KRS
				  286.1-011,
				  286.1-020
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 15 - General › Section 808 KAR 15:030 - Bank branches, offices, and loan production offices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.3-102,
				286.3-180,
				286.3-185,
				286.3-820,
				12 C.F.R.
				208.43, 325
Section 1. Permitted Activities Without
			 Commissioner Approval. A bank that meets the criteria set forth in Section 2 of
			 this administrative regulation and provides the notices required in Section 3
			 of this administrative regulation may do any of the following in any county of
			 the state, whether or not already located in the county, without commissioner
			 approval:
(1) Establish a branch;
(2) Establish a loan production office;
			 or
(3) Relocate its main office or
			 branch office.
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 16 - Student Education Loan Servicing › Section 808 KAR 16:010 - Licensing, registration, renewals and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.1-010,
				286.12-010,
				286.12-020,
				286.12-030,
				286.12-040,
				286.12-060,
				286.12-070
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.1-020(1) authorizes the
				commissioner to promulgate, amend, and repeal any administrative regulations,
				forms, and orders as are necessary to interpret and carry out the provisions
				and intent of this chapter.
				KRS
				286.12-030(2)(a) authorizes
				the commissioner to prescribe the form and materials required to apply for a
				license under KRS Chapter 286.12. This administrative regulation establishes
				licensing and registration requirements for student education loan servicers
				and procedures for using the Nationwide Multi-state Licensing System
				(NMLS).
Section 1. Definitions.
(1) "Applicant" is defined by
			 KRS
			 286.12-010(2).
(2) "Commissioner" is defined by
			 KRS
			 286.1-010(1).
(3) "Department" is defined by
			 KRS
			 286.1-010(2).
(4) "Federal student education loan" is
			 defined by KRS
			 286.12-020(1).
(5) "Student education loan servicer" and
			 "servicer" are defined by
			 KRS
			 286.12-010(13).
Kentucky Administrative Regulations › Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS › Chapter 16 - Student Education Loan Servicing › Section 808 KAR 16:020 - Recordkeeping requirements; unfair, deceptive, or predatory practices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				286.12-050,
				286.12-080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				286.1-020(1) authorizes the
				commissioner to promulgate administrative regulations as are necessary to
				interpret and carry out the provisions and intent of KRS Chapter 286.
				KRS
				286.12-080 prohibits a student education loan
				servicer from engaging in unfair, deceptive, abusive, or predatory practices
				towards any borrower, or from misrepresenting or omitting any material
				information in connection with servicing a student education loan. This
				administrative regulation establishes standards that a licensee shall abide by
				to maintain accurate records and prevent unfair, deceptive, or predatory
				practices.
Section 1. Definitions.
(1) "Best financial interest of the borrower"
			 means reducing the total cost of a student loan, including principal balance,
			 interest, and fees to the borrower.
(2) "Commissioner" is defined by
			 KRS
			 286.1-010(1).
(3) "Necessary information" includes:
(a) A schedule for all transactions credited
			 or debited to the student loan account;
(b) A copy of the promissory note for the
			 student loan;
(c) Notes created by
			 a student loan servicer's personnel reflecting communication with the borrower
			 regarding the student loan account;
(d) A report of the data fields relating to
			 the borrower's student loan account created by the student loan servicer's
			 electronic systems in connection with servicing practices;
(e) Copies of electronic records or any
			 information or documents provided by the borrower to the student loan
			 servicer;
(f) Usable data fields
			 with information necessary to assess qualification for forgiveness, including
			 public service loan forgiveness, if applicable; and
(g) Any information necessary to compile
			 payment history.
(4)
			 "Negative financial consequences" includes:
(a) Negative credit reporting;
(b) Loss or denial of eligibility for a
			 borrower benefit or protection established under federal law or by contract;
			 and
(c) Late fees, interest
			 capitalization, and other financial injury.
(5) "Qualified request" means a request made
			 by a borrower to a student loan servicer in which the borrower either:
(a) Requests specific information from the
			 student loan servicer; or
(b)
			 Reports what the borrower believes to be an error regarding the borrower's
			 account.
(6) "Student
			 education loan servicer" and "servicer" are defined by
			 KRS
			 286.12-010(13).
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 1 - Licensing › Section 809 KAR 1:002 - Service provider licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(16) requires
				the commission to promulgate administrative regulations to establish standards
				for the conduct of sports wagering. KRS 230.361 requires the racing commission
				to promulgate administrative regulations to establish a fully functioning
				sports wagering system. KRS 230.811 and 230.814 authorize a licensed service
				provider to conduct sports wagering in Kentucky. This administrative regulation
				establishes requirements and guidelines concerning the process by which
				applications for a service provider license for sports wagering in Kentucky are
				reviewed and approved.
Section 1.
			 Definitions.
(1) "Applicant" means a person
			 applying for a service provider license under KRS 230.814.
(2) "Application" means "Initial/Renewal
			 Application for Service Provider License," KHRC 01-003-01, 06/2023.
(3) "Service provider" is defined by KRS 230.210(30).
(4) "Service provider
			 license" means a license granted to a service provider that has a contract with
			 an operator to provider sports wagering services pursuant to KRS 230.814.
(5) "Substantial owner"
			 means a person who owns five (5) percent or more of the company.
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 1 - Licensing › Section 809 KAR 1:003 - Occupational licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(16) requires
				the commission to promulgate administrative regulations to establish standards
				for the conduct of sports wagering. KRS 230.310(2) requires the commission to
				license applicants for occupations related to sports wagering, particularly
				those who have the capacity to affect the outcome of sports wagering and their
				supervisors. This administrative regulation establishes occupational licensing
				application procedures and requirements for a individuals involved in the
				conduct and management of sports wagering in the Commonwealth.
Section 1. Definitions.
(1) "Annual license" means the occupational
			 license issued by the commission after a thorough review of an application,
			 valid for the calendar year for which it is applied.
(2) "Applicant" means a person who applies
			 for an occupational license.
(3)
			 "Background check" means a review of an applicant's criminal, financial, and
			 personal history conducted by the commission.
(4) "Critical component" means any sub-system
			 for which failure or compromise can lead to loss of player entitlements,
			 government revenue, or unauthorized access to data used for generating reports
			 for the regulatory body.
(5) "Fees"
			 mean the administrative charges levied by the commission for the processing,
			 issuance, and renewal of occupational licenses.
(6) "Licensee" means any individual or entity
			 that has been granted an occupational license by the commission.
(7) "Occupational license" means the
			 categories of licenses established by the commission pursuant to Section 6 of
			 this administrative regulation, for participants in sports wagering pursuant to
			 KRS 230.210.
(8) "Race and
			 sportsbook employee license" means a category of occupational license, which is
			 required for all individuals listed in Section 6 of this administrative
			 regulation.
(9) "Temporary license"
			 means a provisional license granted by the commission during the process of
			 evaluating an application for a permanent license.
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:003 - Technical requirements and oversight

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.260(16)(a) requires the
				racing commission to promulgate regulations to establish standards related to
				sports wagering, including standards for "maintaining and auditing books and
				financial records, securely maintaining records of bets and wagers, integrity
				requirements for sports wagering and related data,. .. surveillance and
				monitoring systems, and other reasonable technical criteria related to
				conducting sports wagering."KRS 230.811(2)
				requires tracks and service providers to "comply with the standards established
				by the racing commission. .. to ensure the integrity of the system of sports
				wagering."KRS
				230.805 establishes requirements for
				geolocation, technology, and servers. This administrative regulation
				establishes the technical standards for sports wagering technology within the
				state, establish testing procedures, as well the handling of changes in sports
				wagering technology.
Section 1. Sports
			 Wagering Standards. A licensee shall use a sports wagering system to offer,
			 conduct, or operate sports wagering in accordance with applicable laws and
			 these regulations. Only an approved licensee may process, accept, offer, or
			 solicit sports wagers.
(1) The licensee shall
			 operate in conformity with the license conditions issued by the racing
			 commission pursuant to
			 KRS
			 230.290(3) and GLI-33
			 Standards.
(2) A sports wagering
			 system shall meet the specifications established in subsection (1) of this
			 section and these regulations. Failure to comply with the approved
			 specifications, internal controls, or technical specifications may result in
			 disciplinary action by the racing commission.
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:003 - Technical requirements and oversight

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(16)(a)
				requires the racing commission to promulgate regulations to establish standards
				related to sports wagering, including standards for "maintaining and auditing
				books and financial records, securely maintaining records of bets and wagers,
				integrity requirements for sports wagering and related data, . . . surveillance
				and monitoring systems, and other reasonable technical criteria related to
				conducting sports wagering."KRS 230.811(2) requires tracks and service
				providers to "comply with the standards established by the racing commission. .
				. to ensure the integrity of the system of sports wagering."KRS 230.805
				establishes requirements for geolocation, technology, and servers. This
				administrative regulation establishes the technical standards for sports
				wagering technology within the state, establish testing procedures, as well the
				handling of changes in sports wagering technology.
Section 1. Sports Wagering Standards. A
			 licensee shall use a sports wagering system to offer, conduct, or operate
			 sports wagering in accordance with KRS Chapter 230 and KAR Titles 809 and 810.
			 Only an approved licensee may process, accept, offer, or solicit sports wagers.
(1) The licensee shall operate in conformity
			 with the license conditions issued by the racing commission pursuant to KRS 230.290(2) and (3) and GLI-33 Standards.
(2) A sports wagering system shall meet the
			 requirements established in subsection (1) of this section and KAR Title 809.
			 Failure to comply with the requirements, internal controls, or technical
			 specifications may result in disciplinary action by the racing
			 commission.
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:005 - Licensed premises

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(16)(a)
				requires the commission to "promulgate administrative regulations to establish
				standards for the conduct of sports wagering."KRS 230.361(2) states the
				"racing commission shall promulgate administrative regulations to establish a
				fully functioning sports wagering system...."KRS 230.805 authorizes sports
				wagering at a licensed facility for sports wagering on licensed premises. This
				administrative regulation establishes controls for sports wagering on licensed
				premises, including the floor plan, security, surveillance, sports wagering
				windows, sports wagering kiosks, sports wagers and vouchers, drop and count,
				and incident reporting.
Section 1.
			 Floor Plan.
(1) An applicant for a sports
			 wagering operator's license shall specify where sports wagering will take place
			 within the licensed facility for sports wagering, if any, by providing:
(a) A drawing to scale of the building, and
			 each floor thereof, in which sports wagering shall be conducted, at a scale
			 sufficient to identify all of the information established in this section.The
			 drawing shall depict:
1. The total square
			 footage of the race and sports book location;
2. A diagram, outlined in red, of the
			 proposed designated area for the sports wagering, if any, on each floor within
			 the building;
3. The race and
			 sports book locations, including each wagering window;
4. The locations of each sports wagering
			 kiosk. Licensees may move sports wagering kiosks from one location to another
			 with approval of the racing commission based on the proximity to the cage or
			 wagering window and the accessibility to mitigate risk while performing a cash
			 drop;
5. Any race and sports book
			 location that is, or is from time to time, a restricted race and sports book
			 location, stating the nature of the restrictions and the conditions under which
			 they will apply;
6. Each
			 cage;
7. The count room;
8. The vault;
9. Any other restricted areas; and
10. All areas subject to surveillance;
			 and
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:006 - Audit and internal control standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.260(16)(a) requires the
				racing commission to promulgate regulations to establish standards related to
				sports wagering, including standards for "maintaining and auditing books and
				financial records, securely maintaining records of bets and wagers, integrity
				requirements for sports wagering and related data surveillance and monitoring
				systems, and other reasonable technical criteria related to conducting sports
				wagering."KRS
				230.811(2) requires tracks
				and service providers to "comply with the standards established by the racing
				commission. .. to ensure the integrity of the system of sports wagering." This
				administrative regulation establishes internal control standards, including
				administration and accounting controls, and specifies certain duties to permit
				access to the racing commission of information and records, record retention,
				and reporting requirements.
Section 1.
			 Internal Controls. Before beginning operations, a licensee shall submit its
			 administrative and accounting controls, in detail, in a system of internal
			 controls for racing commission review and approval. The racing commission or
			 its designee may perform any inspection necessary in order to determine
			 conformance with the approved internal controls.
(1) Amendments to any portion of the internal
			 controls shall be submitted to the racing commission for approval. If, within
			 thirty (30) calendar days the racing commission has not approved, denied, or
			 otherwise provided written notice, a licensee may implement the amended
			 internal controls as submitted with the racing commission retaining its
			 authority to require further amendment, approval, or denial.
(a) The racing commission may approve, deny,
			 or require a revision to the amendment to the internal controls. If the
			 licensee is notified of a required revision, the licensee shall address the
			 revision within fifteen (15) calendar days, unless otherwise required by the
			 commission.
(b) If the racing
			 commission requests additional information, clarification, or revision of an
			 amendment to the internal controls and the licensee fails to satisfy the
			 request within thirty (30) calendar days after the racing commission submits
			 the request, the racing commission shall consider the amendment denied and it
			 cannot be implemented or, if previously implemented, the licensee shall cease
			 implementation of that amendment within fifteen (15) calendar days. If the
			 licensee subsequently wants to pursue the amendment, it shall resubmit the
			 request along with the additional information previously requested by the
			 racing commission.
Kentucky Administrative Regulations › Title 809 - Public Protection Cabinet - Kentucky Horse Racing Commission › Chapter 10 - Technical Criteria › Section 809 KAR 10:008 - Disciplinary actions and hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(16) requires
				the commission to "promulgate administrative regulations to establish standards
				for the conduct of sports wagering."KRS 230.361 states the "racing commission
				shall promulgate administrative regulations to establish a fully functioning
				sports wagering system...." This administrative regulation establishes
				procedures and grounds for disciplinary actions, imposing sanctions,
				investigating suspected violations, providing notice of disciplinary actions,
				and requesting and conducting an administrative hearing.
Section 1. Grounds for Disciplinary Actions.
(1) The racing commission may take
			 disciplinary action against any person holding a license for a violation of any
			 of the provisions of KRS Chapter 230 or KAR Titles 809 and 810, by the licensee
			 or its employees or agents.
(2)
			 Acceptance or renewal of a license by a licensee shall constitute an agreement
			 on the part of the license-holder to comply with KRS Chapter 230 and KAR Titles
			 809 and 810.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:010 - Racing commission and administrative staff

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.230,
				230.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.240(1) authorizes the
				executive director of the commission to employ staff deemed by the executive
				director to be essential at or in connection with any horse race meeting and in
				the best interest of racing. This administrative regulation establishes the
				positions and duties of certain commission staff members.
Section 1. Stewards and Judges. The
			 commission shall employ:
(1) A chief state
			 steward and presiding judge, responsible for overall supervision of commission
			 matters pertaining to horse racing; and
(2) A state steward and state judge,
			 responsible for commission matters at horse racing meetings to which he or she
			 is assigned and for other duties as may be directed.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:020 - Thoroughbred and flat racing officials

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 230.215, 230.240, 230.260
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and
				230.260(8) authorize the Kentucky Horse Racing Commission (the "commission") to
				promulgate administrative regulations prescribing conditions under which all
				horse racing is conducted in Kentucky. This administrative regulation
				establishes the qualifications, duties, powers, and responsibilities of racing
				officials.
Section 1. Racing
			 Officials.
(1) Racing officials at a
			 thoroughbred or other flat race meeting shall include:
(a) Steward;
(b) Racing secretary;
(c) Assistant racing secretary;
(d) Clerk of scales;
(e) Paddock judge;
(f) Starter;
(g) Placing judge;
(h) Timer;
(i) Identifier;
(j) Veterinarian;
(k) Assistant starter;
(l) Jockey room custodian;
(m) Jockey room employee;
(n) Valet; and
(o) Outrider.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:030 - Chemical dependency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.260(1),
				230.290(2),
				(3),
				230.310,
				230.320
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to promulgate administrative regulations
				prescribing the conditions under which horse racing shall be conducted in
				Kentucky.
				KRS
				230.260(1) vests the racing
				commission with jurisdiction and supervision over all horse race meetings in
				this Commonwealth and over all associations and all persons on association
				grounds and may eject or exclude therefrom or any part thereof, any person,
				licensed or unlicensed, whose conduct or reputation is such that his presence
				on association grounds may, in the opinion of the racing commission, reflect on
				the honesty and integrity of horse racing or interfere with the orderly conduct
				of horse racing or racing at horse race meetings.
				KRS
				230.320(1) authorizes the
				commission to promulgate administrative regulations under which a license may
				be denied, suspended, or revoked. This administrative regulation prohibits
				licensees of the commission from abusing alcohol or engaging in illegal drug
				use or activity while performing their duties, provides for drug and alcohol
				testing, and establishes consequences for violations of this administrative
				regulation.
Section 1. Definitions.
(1) "Alcohol concentration" means grams of
			 alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of
			 breath.
(2) "Crimes involving drugs
			 and drug paraphernalia" means activities involving drugs and drug paraphernalia
			 that are illegal under KRS Chapter 218A or other statutes or administrative
			 regulations of this Commonwealth, and similar laws and regulations of other
			 states and the United States, and which include the use of, possession of, or
			 trafficking in marijuana, cocaine, or other controlled substances; possession
			 or distribution of drug paraphernalia, or obtaining or using prescription drugs
			 without a valid prescription.
(3)
			 "Drug paraphernalia" is defined by
			 KRS
			 218A.500(1).
(4) "Under the influence of intoxicants"
			 means a person's mental or physical abilities are impaired by the presence of
			 alcohol or other drugs in his body to the degree that the person is not able to
			 safely and properly perform his job functions.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:040 - Stewards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.240(1) authorizes the
				commission to prescribe by administrative regulation the required officials for
				horse racing and their official duties.
				KRS
				230.215(2) and
				230.260(8)
				authorize the commission to promulgate administrative regulations prescribing
				conditions under which all horse racing is conducted. This administrative
				regulation establishes the qualifications, duties, powers, and responsibilities
				of the stewards.
Section 1. Steward
			 Qualifications. To qualify for employment or approval by the commission to
			 serve as a steward, a person shall have:
(1)
(a) Successfully completed an accreditation
			 school or program approved by the commission; and
(b) Satisfactorily passed a written and oral
			 examination given by the school or program;
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:050 - Judges and Standardbred racing officials

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215(2),
				230.240(1),
				230.260(1),
				230.290,
				230.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.240(1) authorizes the
				commission to prescribe by administrative regulation the required officials for
				horse racing and their official duties.
				KRS
				230.215(2) and
				230.260(8)
				authorize the commission to promulgate administrative regulations prescribing
				conditions under which all horse racing is conducted. This administrative
				regulation sets forth the required officials and describes their functions and
				duties.
Section 1. Racing Officials.
(1) Officials at a race meeting shall include
			 the following:
(a) Presiding judge;
(b) Two (2) associate judges;
(c) Racing secretary;
(d) Paddock judge;
(e) Horse identifier;
(f) Clerk of the course;
(g) Official starter;
(h) Official charter;
(i) Official timer;
(j) Photo finish technician;
(k) Patrol judge;
(l) Program director;
(m) Official commission veterinarian;
			 and
(n) Any other person designated
			 by the commission who is necessary to effectively conduct the race
			 meeting.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:070 - Thoroughbred and other flat racing associations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 230.215(2), 230.260(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and
				230.260(8) authorize the commission to promulgate administrative regulations
				establishing conditions governing horse racing. This administrative regulation
				establishes requirements for thoroughbred and other flat racing
				associations.
Section 1. Maintenance
			 of Grounds, Facilities and Uniform Track.
(1)
			 The grounds and facilities of an association shall be maintained in a manner
			 that provides for the:
(a) Comfort and safety
			 of patrons, employees, and other persons whose business requires their
			 attendance; and
(b) Health and
			 safety of horses that are stabled, exercised, or entered to race at the
			 association.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:090 - Temporary unsuitability of licensed premises

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to regulate conditions under which
				thoroughbred racing shall be conducted in Kentucky.
				KRS
				230.260(8) authorizes the
				commission to prescribe necessary and reasonable administrative regulations and
				conditions under which horse racing at a horse race meeting shall be conducted
				in this state. This administrative regulation establishes procedures for use of
				an off-site facility if a racing association's licensed premises becomes
				temporarily unsuitable for its intended use.
Section 1. If any Kentucky racing
			 association's licensed premises is temporarily rendered unsuitable for its
			 intended use, an association may, with commission authorization pursuant to
			 KRS
			 230.300.(11), occupy an alternate facility
			 during the period that its licensed premises is temporarily unsuitable, if the
			 alternate facility meets the following conditions:
(1) The alternate facility shall be within a
			 sixty (60) mile radius of the racing association's track but not contiguous to
			 track premises; and
(2) The
			 alternate facility shall not be within a sixty (60) mile radius of another
			 racing association's licensed premises where live racing is conducted and shall
			 not be within a forty (40) mile radius of a simulcast facility, unless any
			 affected track or simulcast facility agrees in writing to permit a
			 noncontiguous facility within the protected geographic area.