reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:150 - Workers' compensation alternative dispute resolution systems

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.277 requires the Executive Director of
				the Office of Workers' Claims to promulgate administrative regulations putting
				forth the mechanism and criteria by which the Office of Workers' Claims may
				recognize as valid and binding a collective bargaining agreement between an
				employer and a recognized or certified exclusive bargaining representative.
				KRS
				342.260 requires the Executive Director of
				the Office of Workers' Claims to promulgate administrative regulations as are
				necessary to carry on the work of the Office of Workers' Claims and to
				implement the provisions of KRS Chapter 342. The function of this
				administrative regulation is to establish a mechanism by which the executive
				director may recognize as valid and binding a collective bargaining agreement
				between an employer and a recognized or certified exclusive bargaining
				representative.
Section 1. Definitions.
(1) "ADR" means alternative dispute
			 resolution.
(2) "Collective
			 bargaining agreement" means an agreement between an employer and a recognized
			 or certified exclusive bargaining representative concerning workers'
			 compensation claims and the resolution of workers' compensation
			 disputes.
(3) "Certification" means
			 the order issued by the executive director advising the employer and the
			 recognized or certified exclusive bargaining representative that a program for
			 alternative dispute resolution of disagreements as to entitlement to workers'
			 compensation benefits for employees of the employer has been
			 approved.
(4) "Recognized or
			 certified exclusive bargaining representative" means the entity recognized or
			 certified by the employees of an employer as the employees' representative for
			 purposes of resolution of disputes relating to the employees' entitlement to
			 workers' compensation benefits.
(5)
			 "ADR plan administrator" means the person or entity designated by an employer
			 and the recognized exclusive bargaining representative as the day-to-day
			 administrator of the program for resolutions of disputes as to entitlement to
			 workers' compensation benefits and the amount, manner of payment, and duration
			 of benefits for work-related injuries and occupational diseases.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:160 - Charges by medical providers for testimony and reports in workers' compensation claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.035 requires the executive director of
				the Office of Workers' Claims to promulgate administrative regulations to adopt
				a schedule of fees for the purpose of regulating charges by medical providers
				and other health care professionals for testimony presented and medical reports
				furnished in the litigation of a claim by an injured employee against the
				employer.
Section 1. Applicability.
			 This administrative regulation shall apply to charges by medical providers and
			 other health care professionals for testimony presented and medical reports
			 furnished in the litigation of a workers' compensation claim before an
			 administrative law judge.
Section
			 2. Charges for Medical Reports.
(1) Physicians may charge not more than their
			 usual and customary fee up to a maximum of $200 for completion of a Form 107 or
			 Form 108. Forms 107 and 108 are incorporated by reference in 803 KAR
			 25:011.
(2) Medical providers and
			 other health care professionals may charge not more than their usual and
			 customary fee up to a maximum of seventy-five (75) dollars per page, with a
			 maximum up to but not to exceed $200, for the completion of a narrative report
			 containing brief findings resulting from physical or psychological examination,
			 summary of testing performed, diagnosis, records reviewed, impairment rating as
			 determined under the latest available edition of the "Guides to the Evaluation
			 of Permanent Impairment" published by the American Medical Association with
			 appropriate references to the chapter and page number involved, restrictions
			 and limitations noted, if any, and whether the condition is the result of the
			 arousal of a preexisting dormant disabling condition.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:165 - Electronic Data Interchange vendor approval

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 342.0011(1), (6), (7),
				(22), (26),
				342.038,
				342.039,
				342.260,
				342.340
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the commissioner to
				promulgate administrative regulations necessary to carry on the work of the
				department.
				KRS
				342.038 requires an employer to keep a record
				of all injuries received by the employer's employees and to report to the
				department any injury causing the employee's absence from more than one day of
				work.
				KRS
				342.039 requires insurance carriers, each
				self-insured group, and each employer authorized to carry its own risk to file
				detailed claim information with the department.
				KRS
				342.340 requires information to be filed when
				a workers' compensation policy is issued, modified, cancelled, lapsed, or
				terminated. This administrative regulation establishes the procedure to become
				an approved Electronic Data Interchange vendor.
Section 1. Definitions.
(1) "Applicant" means a vendor seeking to
			 become an approved vendor.
(2)
			 "Approved vendor" means a vendor approved and certified by the commissioner of
			 the Department of Workers' Claims in accordance with this administrative
			 regulation.
(3) "Electronic Data
			 Interchange" or "EDI" means the electronic transmission of data to and from the
			 Department of Workers' Claims by use of EDI Claims Release, 3.0 version, and
			 Proof of Coverage Release, 2.1 version, of the International Association of
			 Industrial Accident Boards and Commissions.
(4) "Vendor" means an entity that formats
			 electronic data for transmission to the Department of Workers' Claims,
			 transmits electronic data to the Department of Workers' Claims, and responds to
			 any technical issues related to the content or structure of an electronic data
			 interchange file.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:170 - Filing of claims information with the Office of Workers' Claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.038,
				342.039
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.039 requires the Commissioner of the
				Department of Workers' Claims to promulgate administrative regulations by which
				each insurance company writing workers' compensation policies in the
				Commonwealth, every group of self-insurers, and each employer carrying its own
				risk shall file detailed claim information contained in the model regulation
				developed by the National Association of Insurance Commissioners (NAIC) in
				conjunction with the International Association of Industrial Accident Boards
				and Commissions (IAIABC). This administrative regulation establishes the
				requirements for filing claims information with the Department of Workers'
				Claims.
Section 1. Definitions.
(1) "Carrier" is defined by
			 KRS
			 342.0011(6).
(2) "Commissioner" is defined by
			 KRS
			 342.0011(9).
(3) "Vendor" means an entity that transcribes
			 information into an electronic format, accepts electronic data transmissions,
			 and sorts the resulting data for delivery to and from the Department of
			 Workers' Claims.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:175 - Filing of insurance coverage and notice of policy change or termination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.0011(22),
				342.340(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.340 requires an insurance carrier to file
				proof of workers' compensation insurance coverage for an employer and notice of
				policy change or termination in a format established by the commissioner .
				KRS
				342.260(1) requires the
				commissioner to promulgate administrative regulations necessary to carry on the
				work of the department . This administrative regulation establishes the
				requirements for filing proof of coverage and policy change or termination of
				coverage.
Section 1. Definition.
			 "Insurance carrier" is defined by
			 KRS
			 342.0011(22).
Section 2. Reporting Requirements.
(1) Each insurance carrier shall file the
			 information required on the Form POC-1 for each new policy or a change or
			 termination of a policy.
(2) The
			 information required on the Form POC-1 shall be filed electronically with the
			 Department of Workers' Claims by a vendor approved pursuant to 803 KAR
			 25:165..
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:185 - Procedure for e-mail notification of cancellation or removal of location of specific workers' compensation coverage

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 342.0011(9),
				(16),
				342.260,
				342.340
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(2) requires the
				commissioner of the Department of Workers' Claims to promulgate administrative
				regulations to establish information necessary to be received to create an
				e-mail notification system for a person to enter his or her e-mail address into
				the Insurance Coverage Look-up database and be notified of any cancellation of
				a specific business' workers' compensation coverage. This administrative
				regulation establishes procedures and standards for e-mail notification of
				cancellation of specific business workers' compensation coverage to persons
				registered with the Department of Workers' Claims Insurance Coverage Look-up
				database.
Section 1. Definitions.
(1) "Cancellation of coverage" means coverage
			 lapse notice or an employer location has been removed from the
			 policy.
(2) "Commissioner" is
			 defined by
			 KRS
			 342.0011(9).
(3) "Insurance Coverage Look-up database"
			 means a location in Department of Workers' Claims (DWC) Litigation Management
			 System (LMS) Web site that links a subscriber to the DWC Insurance Coverage
			 database.
(4) "Litigation
			 Management System" or "LMS" means the electronic filing system utilized in the
			 filing and processing of workers' compensation claims in the Commonwealth of
			 Kentucky.
(5) "Person" is defined
			 by
			 KRS
			 342.0011(16).
(6) "Workers' compensation coverage" means
			 the insurance required by
			 KRS
			 342.340(1)(a).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:200 - Workers' compensation notice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.610(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the executive director to
				promulgate administrative regulations as are necessary to implement the
				provisions of KRS Chapter 342.
				KRS
				342.610(6) requires the
				executive director to promulgate an administrative regulation to establish the
				format and content of the notice required by that statute regarding the
				employer's workers compensation program. This administrative regulation
				establishes the format and content of the notice required by
				KRS
				342.610(6).
Section 1. Content and Format.
(1) The employer's notice to employees
			 required by
			 KRS
			 342.610(6) shall be
			 conspicuously posted at the employer's principle office and each other location
			 where an employee customarily reports for payroll and personnel matters. The
			 notice shall:
(a) Be in an identical format
			 as the "Workers Compensation Notice"; and
(b) Contain the information required by
			 subsection (2) of this section.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:210 - Affidavit of exemption from KRS Chapter 342

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.610(5),
				342.650(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the executive director to
				promulgate administrative regulations necessary to implement the provisions of
				KRS Chapter 342.
				KRS
				342.610(5) requires the
				executive director to establish a form for a local building official to use to
				certify that a person or contractor who has applied for a building permit is
				exempt from KRS Chapter 342. This administrative regulation establishes the
				exemption form.
Section 1. Exemption.
(1) A person who is exempt from securing
			 workers' compensation insurance under the exception contained in
			 KRS
			 342.650(2), and a contractor
			 exempt from KRS Chapter 342 shall certify the exemption to the local building
			 official by submitting an "Affidavit of Exemption from KRS Chapter 342
			 (Individual)" or an "Affidavit of Exemption from KRS Chapter 342 (Corporation
			 or Partnership)", whichever is applicable, in lieu of providing proof of
			 workers' compensation coverage.
(2)
			 The local building official who issues building permits shall immediately file
			 the original affidavit with the Kentucky Office of Workers' Claims. A copy of
			 the affidavit shall be maintained on file with the local office which issues
			 the building permit.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:220 - Guaranty funds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 342.900-342.912
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the commissioner to
				promulgate administrative regulations necessary to implement the provisions of
				KRS Chapter 342.
				KRS
				342.906(4) requires the
				commissioner to promulgate administrative regulations to establish a plan of
				operation for each guaranty fund created pursuant to
				KRS
				342.906. This administrative regulation
				establishes the requirements for a guaranty fund written plan of operation and
				regulates the powers and duties of the guaranty funds.
Section 1. Plan of Operation.
(1) Each guaranty fund shall submit to the
			 commissioner a plan of operation and each amendment necessary to assure the
			 fair, reasonable, and equitable administration of the fund. The plan of
			 operation and amendments shall become effective upon approval in writing by the
			 commissioner.
(2) If a guaranty
			 fund fails to submit an acceptable plan of operation or fails to submit a
			 suitable amendment to the plan, the commissioner may, after notice and hearing,
			 adopt or amend a plan of operation for the guaranty fund. The plan adopted or
			 amended by the commissioner shall continue in force until modified by the
			 commissioner or superseded by a plan submitted by the guaranty fund and
			 approved by the commissioner.
(3) A
			 member of a guaranty fund shall comply with the plan of operation.
(4) The plan of operation shall establish:
(a) Procedures whereby all the powers and
			 duties of the guaranty fund established by KRS Chapter 342 shall be
			 performed;
(b) Procedures for the
			 collection of assessments, the sound investment, and disbursement of assets of
			 the guaranty fund;
(c) The amount
			 and method of reimbursing a member of the board of directors for attendance at
			 a board meeting or other reasonably necessary function of the guaranty
			 fund;
(d) Procedures by which a
			 claim shall be filed with the guaranty fund and acceptable forms for proof of a
			 claim. Notice of a claim against the insolvent self-insurer to a bankruptcy
			 court or other court of competent jurisdiction shall be deemed notice to the
			 guaranty fund;
(e) A regular place
			 and time for a meeting of the board of directors;
(f) Procedures for a record to be kept of a
			 financial transaction of the guaranty fund, its agents, or the board of
			 directors;
(g) Procedures for the
			 expeditious and informal resolution of a member grievance;
(h) Additional provisions necessary or proper
			 for the execution of the powers and duties of the guaranty fund.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:240 - Workers' compensation unfair claims settlement practices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.12-230,
				342.267,
				342.610(7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				Commissioner of the Department of Workers' Claims to promulgate administrative
				regulations necessary to carry on the work of the Department of Workers' Claims
				and administrative law judges.
				KRS
				342.267 requires the Commissioner to fine
				carriers for engaging in unfair claims settlement practices under KRS Chapter
				342 or 304.12-230. This administrative regulation establishes standards for the
				Commissioner and carriers with regard to unfair claims settlement
				practices.
Section 1. Definitions.
(1) "Agent" means a person or entity
			 performing claims adjusting, case management, utilization review, or other
			 service on behalf of a carrier.
(2) "Carrier" is defined by
			 KRS
			 342.0011(6).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:300 - Mediation Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.276(2) requires the
				Commissioner of the Department of Workers' Claims to promulgate administrative
				regulations necessary to establish and implement a mediation program, which
				shall prescribe the qualifications and duties of mediators; a process for the
				designation of mediators; procedures for the conduct of mediation proceedings;
				and the issues which shall be subject to mediation. This administrative
				regulation establishes a mediation program for mediation of disputes as to the
				entitlement to compensation under KRS Chapter 342.
Section 1. Definitions.
(1) "Administrative law judge" or "ALJ" is
			 defined by
			 803 KAR
			 25:010 Section 1(1).
(2) "Calendar day" means all days in a month,
			 including Saturday, Sunday, and any day which is a legal holiday.
(3) "Mediation" means a process where a third
			 party facilitates discussion among the parties in an effort to resolve disputes
			 regarding entitlement to the compensation provided in KRS Chapter
			 342.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 30 - Workers' Compensation Funding Commission › Section 803 KAR 30:010 - Special fund assessments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				49.220,
				342.0011,
				342.122,
				342.1221,
				342.1222,
				342.1223,
				342.1231,
				342.340,
				342.650,
				30 U.S.C.
				901-945,
				33 U.S.C.
				901-950
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.1223(3)(f) authorizes
				the Kentucky Workers' Compensation Funding Commission (KWCFC) to promulgate
				administrative regulations.
				KRS
				342.1223(2)(g) requires the
				KWCFC to conduct periodic audits of all entities subject to the special fund
				assessments imposed by
				KRS
				342.122. This administrative regulation
				establishes the proper calculation of assessment, establishes the procedures
				and forms to be used to report and remit special fund assessments, identifies
				audit expenses, establishes procedures for collection of assessments and
				expenses, and defines penalty and interest procedures.
Section 1. Definitions.
(1) "Actual physical receipt by the KWCFC"
			 means:
(a) Physical delivery to the Funding
			 Commission office prior to January 1, 2020; or
(b) Electronic filing of the Quarterly
			 Premiums Report, accompanied by:
1. Electronic
			 fund transfer of an assessment due to the KWCFC account; or
2. Prior to January 1, 2020, physical
			 delivery of payment to the office of the Funding Commission.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 50 - Kentucky Occupational Safety and Health Review Commission › Section 803 KAR 50:010 - Hearings; procedure, disposition

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 338
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.071 and
				338.081 authorize the Kentucky
				Occupational Safety and Health Review Commission to hear and rule on appeals
				from citations, notifications, and variances and promulgate administrative
				regulations with respect to the procedural aspect of its hearings. According to
				KRS
				13B.020(3)(e) 2a, these
				occupational safety and health hearings are conducted under the authority of
				KRS
				338.071(4),
				338.081, and
				338.141(3)
				rather than the hearing procedures in KRS Chapter 13B. This administrative
				regulation establishes procedures for these hearings and their proper
				disposition.
Section 1. Definitions.
(1) "Act" means the Occupational Safety and
			 Health Act of 1972, KRS Chapter 338.
(2) "Affected employee" or "employee" means
			 an employee of a cited employer who is exposed to the alleged hazard described
			 in the citation, as a result of the employee's assigned duties.
(3) "Authorized employee representative"
			 means a labor organization which has a collective bargaining relationship with
			 a cited employer and which represents affected employees.
(4) "Citation" means a written communication
			 issued by the commissioner to an employer pursuant to
			 KRS
			 338.141.
(5) "Commission" means the Kentucky
			 Occupational Safety and Health Review Commission.
(6) "Commissioner" means the commissioner of
			 the Department of Workplace Standards, Education and Labor Cabinet. (7) "Day"
			 means a calendar day.
(8)
			 "Executive director" means the executive director of the commission.
(9) "Hearing officer" means a hearing officer
			 appointed by the commission pursuant to
			 KRS
			 338.071(5) and
			 338.081.
(10) "Natural person" means an employer whose
			 business is organized as a proprietorship or an affected employee who is not
			 represented by a labor organization.
(11) "Proceeding" means any proceeding before
			 the commission or before a hearing officer.
(12) "Representative" means an attorney
			 authorized by a party or intervenor to represent him in a proceeding.
(13) "Working day" means all days except
			 Saturdays, Sundays, or federal or state holidays.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 1 - Advertising Distilled Spirits and Wine › Section 804 KAR 1:070 - Product development and marketing samples

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.130,
				243.150,
				243.170,
				243.180,
				243.340,
				244.240,
				244.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.240 and
				244.590
				prohibit manufacturers, distributors and wholesalers from making any gift or
				rendering any kind of service to any retail licensee which may tend to
				influence the retailer to purchase the manufacturers', distributors', or
				wholesalers' product to the exclusion of a product sold or offered for sale by
				other persons. This administrative regulation establishes requirements for
				alcoholic product development and marketing samples.
Section 1.
(1) Product Samples to Retailers.
			 Manufacturers, distributors, and wholesalers may provide free alcoholic
			 beverage product samples to retailers under the following conditions:
(a) Samples shall be provided by an employee
			 or agent of the manufacturer, distributor, or wholesaler. An employee or agent
			 of a distiller, rectifier, winery, or wholesaler shall hold a Kentucky special
			 agent's or solicitor's license;
(b)
			 Samples shall be limited to alcoholic beverage products sold or produced by the
			 manufacturer, distributor, or wholesaler;
(c) Drink samples may be provided to a
			 retailer's agents and employees at the retailer's premises by the employee or
			 agent in person; and
(d) Package
			 samples, not exceeding the following quantity limits, may be shipped to the
			 retailer's licensed premises through a common carrier holding a Kentucky
			 transporter's license:
1. 384 ounces of malt
			 beverages per year;
2. Nine (9)
			 liters of wine per year; and
3.
			 Nine (9) liters of distilled spirits per year.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 1 - Advertising Distilled Spirits and Wine › Section 804 KAR 1:100 - General advertising practices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				244.130,
				244.500,
				244.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				244.130 authorizes the Department of
				Alcoholic Beverage Control to regulate the advertising of alcoholic beverages.
				This administrative regulation establishes standards for advertising in a
				manner consistent with modern marketing practices.
Section 1. Definition. "Social media" means
			 all forms of electronic communication through which users create online
			 communities to share information, ideas, personal messages, and other
			 content.
Section 2.
(1) A licensee may use outdoor
			 advertising.
(2) If outdoor
			 advertising is used by a manufacturer, producer, brewer, winery, distributor,
			 or wholesaler, it shall not:
(a) Include a
			 retail licensee's name or business designation (DBA); or
(b) Refer to a retail licensee in any other
			 way.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 1 - Advertising Distilled Spirits and Wine › Section 804 KAR 1:102 - General advertising practices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				244.130,
				244.500,
				244.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				244.130 authorizes the Alcoholic Beverage
				Control Board to regulate the advertising of alcoholic beverages. This
				administrative regulation establishes standards for advertising in a manner
				consistent with modern marketing practices.
Section
			 1. Definition. "Social media" means all forms of electronic
			 communication through which users create online communities to share
			 information, ideas, personal messages, and other content.
Section 2.
(1) A licensee may use outdoor
			 advertising.
(2) If outdoor
			 advertising is used by a manufacturer, producer, brewer, winery, distributor,
			 or wholesaler, it shall not:
(a) Include a
			 retail licensee's name or business designation (DBA); or
(b) Refer to a retail licensee in any other
			 way.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 1 - Advertising Distilled Spirits and Wine › Section 804 KAR 1:110 - Consumer sampling events

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.0307,
				243.036,
				243.260,
				244.240,
				244.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				244.240 and
				244.590
				prohibit manufacturers, distributors, and wholesalers from making any gift or
				rendering any kind of service to any retail licensee that may tend to influence
				the retailer to purchase the manufacturers', distributors', or wholesalers'
				product to the exclusion of a competitor's product. This administrative
				regulation permits manufacturers, distributors, and wholesalers to participate
				in certain events where samples are provided to consumers without violating
				KRS
				244.240 and
				KRS
				244.590.
Section
			 1. Charity and Non-Profit Events.
(1) Manufacturers, distributors, and
			 wholesalers may participate in charity or non-profit events at which alcoholic
			 beverages are served, under the following conditions:
(a) The event is held on licensed
			 premises;
(b) The charity or
			 non-profit organization obtains the alcoholic beverages to be served at the
			 event by:
1. Purchase under a special
			 temporary drink license or special temporary alcoholic beverage auction
			 license;
2. Purchase from a retail
			 licensee where the event is held; or
3. Donations under a special temporary
			 alcoholic beverage auction license; and
(c) The participation of manufacturers,
			 distributors, and wholesalers is limited to addressing the attendees,
			 distributing literature, and pouring and serving alcoholic beverage products of
			 the manufacturer, distributor, and wholesaler.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 2 - Advertising Malt Beverages › Section 804 KAR 2:005 - Outside signs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				244.130,
				244.590,
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				244.130 permits the ABC Board to establish
				administrative regulations for advertising of alcoholic beverages.
				KRS
				244.590 permits the ABC Board to regulate
				gifts or services provided by brewers and distributors to retail licensees. The
				1984 Session of the General Assembly repealed
				KRS 244.140 and
				244.530, thereby
				permitting brand name advertising of alcoholic beverages visible outside
				licensed premises. This administrative regulation governs outside signs
				provided by malt beverage brewers and distributors to retail licensees.
Section 1.
(1) Illuminated and like signs, posters,
			 placards, decorations, or graphic displays, which bear a trademark, trade name,
			 trade slogan or facsimile of a product, container, or display, associated with
			 a particular brand, are permitted upon the outside of the licensed
			 premises.
(2) Such outside signs as
			 described in subsection (1) of this section may be given, rented, loaned, or
			 sold to a retailer by an industry member engaged in the business as a brewer or
			 distributor of malt beverages if they have no value to the retailer except as
			 advertising. Provided, that the industry member shall not directly or
			 indirectly pay or credit the retailer for displaying such materials or for the
			 expense incidental to their operation.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 3 - Fair Trade; Pricing and Sales › Section 804 KAR 3:100 - License may be suspended or revoked for accepting Supplemental Nutrition Assistance Program (SNAP) benefits for alcohol purchases

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.490(1),
				7
				U.S.C. 2012(k),
				7 U.S.C.
				2013(a),
				7
				C.F.R. 278.6
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations governing procedures relative to
				revocations of licenses.
				KRS
				243.490(1) authorizes the
				board to revoke a license for a violation of any Act of Congress or any rule or
				regulation of any federal board, agency, or commission relating to alcoholic
				beverages.
				7
				U.S.C. 2012(k) and
				7 U.S.C.
				2013(a) prohibit the sale of
				alcoholic beverages in exchange for SNAP benefits This administrative
				regulation provides that any licensee accepting SNAP benefits in exchange for
				alcoholic beverages is subject to having its alcoholic beverage license
				suspended or revoked.
Section 1.
			 Prohibition Against Alcoholic Beverage Sales Using SNAP Benefits. A licensee of
			 the department shall not accept United States Department of Agriculture
			 Supplemental Nutrition Assistance Program (SNAP) benefits in exchange for an
			 alcoholic beverage.
STATUTORY AUTHORITY:
				  KRS
				  241.060(1)
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:100 - Records to be retained

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				242.123,
				244.150,
				242.185
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				Alcoholic Beverage Control Board to promulgate administrative regulations
				governing procedures relative to the sale, manufacture, and trafficking of
				alcoholic beverages.
				KRS
				244.150 requires licensees under
				KRS
				243.020 to
				243.670
				to keep and maintain adequate records of all transactions and requires the
				agency to prescribe the type and retention schedule for those records by
				administrative regulation.
				KRS
				242.123 and 242.285 authorize licenses that
				also require the monitoring of records. This administrative regulation
				establishes the requirements for records.
Section
			 1.
(1) Pursuant to
			 KRS
			 244.150(1), a licensee is
			 required to keep on file on the licensed premises for a period of two (2)
			 years, true and correct copies of:
(a) All
			 reports relating to trafficking in alcoholic beverages required by the federal
			 government, the Kentucky Department of Revenue or the Kentucky Department of
			 Alcoholic Beverage Control.
(b)
			 Invoices, receipts and other pertinent information relating to the licensee's
			 traffic in alcoholic beverages.
(c)
			 Invoices, receipts and other pertinent information relating to the licensee's
			 purchases and sales of food, if the licensee holds a license type which
			 requires maintenance of minimum percent of its gross receipts from the sales in
			 food.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:212 - In-State Distilled Spirits Supplier License

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:KRS
				243.030(35),
				244.130,
				244.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060 authorizes the board to promulgate
				reasonable administrative regulations governing procedures relative to the
				applications for and revocations of licenses, and the supervision and control
				of the use, manufacture, sale, transportation, storage, advertising, and
				trafficking of alcoholic beverages.
				KRS
				243.030(35) authorizes the
				board to promulgate administrative regulations to provide for special licenses
				that the board finds necessary for the proper regulation and control of the
				traffic in distilled spirits and wine. This administrative regulation provides
				for the creation of an in-state distilled spirits supplier license to regulate
				the traffic in distilled spirits by resident owners and suppliers of distilled
				spirits brands.
Section 1. Definition.
			 "In-state distilled spirits supplier" means a resident brand owner and supplier
			 of distilled spirts products who does not operate a distillery, but through
			 other legal means creates distilled spirits products to sell under its own
			 brand name.
Section 2. License.
(1) An in-state distilled spirits supplier
			 license shall authorize the licensee to:
(a)
			 Sell distilled spirits under brands that the licensee owns, for which the
			 licensee is the primary source of supply, or in which the licensee has an
			 exclusive interest, at wholesale to wholesalers in the Commonwealth;
			 and
(b) Advertise distilled spirits
			 brands that the licensee is authorized to sell in accordance with
			 KRS
			 244.130.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:221 - Alternating proprietorship agreements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate reasonable administrative regulations governing procedures
				relative to the applications for and revocations of licenses, and the
				supervision and control of the use, manufacture, sale, transportation, storage,
				advertising, and trafficking of alcoholic beverages. This administrative
				regulation provides for the sharing of a licensed premises between two (2) or
				more licensees in accordance with an alternating proprietorship
				agreement.
Section 1. Definition.
			 "Alternating proprietorship agreement" means a written agreement under which
			 two (2) or more licensees share possession or ownership of a licensed premises
			 and alternate exclusive use of the premises over the term of the
			 agreement.
Section 2. A licensed
			 premises shall meet the requirements of
			 KRS
			 243.220 if it is owned or possessed for a
			 term not less than the license period by two (2) or more eligible licensees
			 under an authorized alternating proprietorship agreement.
Section 3. A licensee shall not enter into an
			 alternating proprietorship agreement with any person who holds a Kentucky
			 alcoholic beverage license that the licensee is prohibited from holding under
			 Kentucky law.
Section 4. Licensees
			 who share a licensed premises in accordance with an alternating proprietorship
			 agreement shall individually meet all requirements of their licenses.
Section 5. This administrative regulation
			 shall not be interpreted to relate to direct shipper licenses.
Section 6. Federal Law. This administrative
			 regulation shall not exempt a person from complying with any applicable federal
			 laws.
STATUTORY AUTHORITY:
				  KRS
				  241.060
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:230 - Extended hours supplemental licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.030(16),
				243.042,
				243.050,
				243.082,
				244.290,
				244.480
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060 authorizes the board to promulgate
				administrative regulations regarding matters over which the board has
				jurisdiction.
				KRS
				243.050 authorizes the board to establish
				alcoholic beverage sales days and times for holders of extended hours
				supplemental licenses by administrative regulation. This administrative
				regulation establishes the alcoholic beverage sales days and times for holders
				of extended hours supplemental licenses.
Section
			 1. Extended Hours Supplemental License Sales Times. A licensee
			 holding an Extended Hours Supplemental License (ESL) may engage in the retail
			 sale of alcoholic beverages at the times and days set forth in subsections (1)
			 and (2) of this section.
(1) Nonquota type 1
			 licensees and qualified historical site licensees may sell alcoholic beverages
			 each day of the week between 6:00 a.m. and midnight.
(2) A commercial airlines system or charter
			 flight system holding a nonquota type 1 license, or a retail licensee located
			 within a commercial airport, may sell alcoholic beverages during the
			 twenty-four (24) hours of every day.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:251 - Special temporary licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.260
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate reasonable administrative regulations governing procedures
				relative to applications for licensure.
				KRS
				243.260 provides for the issuance of a
				special temporary license in wet territory to any regularly organized fair,
				exposition, racing association, or other party, when, in the opinion of the
				board a necessity for the license exists. This administrative regulation
				establishes application procedures and requirements for special temporary
				licenses.
Section 1. Definition.
			 "Organized civic or community-sponsored event" means a public gathering of
			 broad appeal where citizens are invited and encouraged to attend without
			 significant cost of admission that is sponsored or acknowledged by the city or
			 county government in which the event is conducted, including any convention,
			 conference, celebration, pageant, parade, festival, fair, public display,
			 commemoration, or other type of public assemblage conducted for the benefit and
			 enjoyment of the general public.
Section
			 2. An applicant for a special temporary license pursuant to
			 KRS
			 243.260 shall complete the online application
			 process and submit their Online Special Temporary License Application
			 electronically at the Kentucky Alcoholic Beverage Control portal:
https://abcportal.ky.gov/BELLEExternal
.
			 The applicant shall complete and submit their application no later than five
			 (5) working days prior to the date for which the license is
			 requested.
Section 3. An applicant
			 for a special temporary license pursuant to
			 KRS
			 243.260 shall provide supplemental
			 information as the board shall find necessary for proper review of the
			 application.
Section 4. For
			 purposes of the issuance of special temporary licenses pursuant to
			 KRS
			 243.260, necessity, in the opinion of the
			 board, shall limit applicants to:
(1) A
			 regularly organized fair, exposition, racing association, nonprofit
			 organization, or political campaign function; or
(2) A for-profit individual, corporation, or
			 organization if the license will be used in conjunction with an organized civic
			 or community-sponsored event.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:270 - Substantial part/staple groceries defined

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.230(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				243.230(5) precludes the
				issuance of retail package and drink liquor licenses to premises used "as or in
				connection with the operation of any business in which a substantial part of
				the commercial transaction consists of selling at retail staple groceries or
				gasoline and lubricating oil." The statute does not define "substantial part of
				the commercial transaction" or "staple groceries." This administrative
				regulation is adopted to eliminate the confusion that an absence of such
				definitions has caused.
Section 1. For
			 the purpose of enforcing
			 KRS
			 243.230(5) "substantial part
			 of the commercial transaction" shall mean ten (10) percent or greater of the
			 gross sales receipts as determined on a monthly basis.
Section 2. For the purpose of enforcing
			 KRS
			 243.230(5) staple groceries
			 shall be defined as any food or food product intended for human consumption
			 except alcoholic beverages, tobacco, soft drinks, candy, hot foods and food
			 products prepared for immediate consumption.
STATUTORY AUTHORITY:
				  KRS
				  241.060
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:330 - Procedures for violations of KRS 244.165

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				243.155,
				244.165
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				State Alcoholic Beverage Control Board to promulgate administrative regulations
				regarding control of the sale of alcoholic beverages. This administrative
				regulation is necessary to provide procedural due process for a person or
				business alleged to have committed a violation of
				KRS
				244.165.
Section
			 1.
(1) If the department finds
			 probable cause that a first offense violation of
			 KRS
			 244.165 has occurred, it shall:
(a) Issue an administrative citation to the
			 alleged violator; and
(b) Conduct a
			 hearing on the charge in accordance with KRS Chapter 13B.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:370 - Entertainment destination center license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				148.853(2)(b),
				241.060(1),
				243.030(21),
				(35),
				243.040,
				243.050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction.
				KRS
				243.030(21) and (35)
				authorizes the department to issue an entertainment destination center license.
				This administrative regulation defines the term entertainment destination
				center and establishes the privileges and responsibilities of an entertainment
				destination center license.
Section 1.
			 Definition. "Entertainment destination center" or "EDC" means premises:
(1) That meet the incentive qualifications
			 for an entertainment destination center project as set forth in
			 KRS
			 148.853(2)(b) 1.;
(2) Located in a wet county or city that has
			 enacted an ordinance that:
(a) Determines an
			 entertainment destination center licensed premises would aid economic growth
			 and tourism in the county or city; and
(b) Defines the geographic boundaries of the
			 EDC; or
(3) That contain
			 a minimum of 100,000 square feet of building space, located within one (1) mile
			 of:
(a) An existing tourism attraction;
			 or
(b) A convention
			 center.
Kentucky Administrative Regulations › Title 804 - PUBLIC PROTECTION CABINET - DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL › Chapter 4 - Licensing › Section 804 KAR 4:400 - Applications incorporated by reference

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				241.060(1),
				243.090,
				243.380,
				243.390,
				243.630
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				241.060(1) authorizes the
				board to promulgate administrative regulations regarding matters over which the
				board has jurisdiction, including applications for licenses.
				KRS
				243.380(2) and
				243.390
				require the board to promulgate an administrative regulation to establish the
				license applications.
				KRS
				243.630(5) and (6) require
				licensees to apply in writing for department approval of the transfer of a
				license or a licensed business to a different premises or for the transfer of
				ten (10) percent or more ownership interest to a new person or entity. This
				administrative regulation prescribes the license applications utilized by the
				department.
Section 1. Online
			 Application for Alcoholic Beverage License.
(1) Except as established in Section 3 of
			 this administrative regulation. An applicant for an alcoholic beverage license
			 shall complete the online application process and submit it electronically at
			 the Online eServices Portal:
https://dppweb.ky.gov/eservices/
.
(2) To renew a license pursuant to
			 KRS
			 243.090 and
			 804 KAR 4:390, a
			 licensee shall complete the online renewal application process and submit it
			 electronically at the Online License Renewal Portal-KYBOS:
http://abc.ky.gov/Licensing/Pages/default.aspx
.