reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 35 - Electrical › Section 815 KAR 35:080 - Electrical code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				227A.040(8),
				227A.060,
				227A.110
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				227A.040(8) authorizes the
				Department of Housing, Buildings and Construction to promulgate administrative
				regulations to establish a code of ethics for electrical contractors, master
				electricians, and electricians. This administrative regulation establishes the
				code of ethics for electrical contractors, master electricians and
				electricians.
Section 1. Code of
			 Ethics. The department may find that an applicant or licensee has violated the
			 Electrical Code of Ethics and take disciplinary action against a licensee upon
			 determination that an applicant or licensee:
(1) Failed to have immediate personal
			 possession of electrical license while performing electrical work;
(2) Performed electrical work for which a
			 permit is required without obtaining an electrical permit;
(3) Knowingly performed electrical work not
			 in compliance with the Kentucky Building Code,
			 815 KAR
			 7:120, or the Kentucky Residential Code,
			 815 KAR
			 7:125;
(4)
			 Intentionally charged a customer for work not performed or parts not
			 provided;
(5) Obtained electrical
			 permits on behalf of an electrical contractor without the knowledge and
			 permission of the electrical contractor;
(6) Knowingly allowed a hazardous situation
			 to remain so that the public is unduly exposed to risk of injury;
(7) Impersonated another licensee, or
			 knowingly allowed the use of his or her license by an unlicensed
			 person;
(8) Engaged in conduct
			 intended to defraud or deceive the public;
(9) Failed to display the license number on
			 all advertising or documents disseminated, either directly or indirectly, to
			 the general public;
(10) Is a
			 chronic or persistent alcoholic or is drug-addicted so that continued
			 performance of electrical work is dangerous to clients or the public;
(11) Developed a physical or mental
			 disability or other condition so that continued practice is dangerous to
			 clients or to the public;
(12) Had
			 a license, certificate, registration, or other official authorization to
			 perform electrical work denied, limited, suspended, probated, or revoked in
			 another jurisdiction on grounds sufficient to cause an electrical license to be
			 denied, limited, suspended, probated, or revoked in this state;
(13) Attempted to use an expired, suspended,
			 or revoked license;
(14) Failed to
			 exercise due care in the supervision of electrical work of licensed and
			 unlicensed persons under his or her supervision; or
(15) Has not completed work agreed to be
			 performed and paid for by a customer in a timely manner.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 35 - Electrical › Section 815 KAR 35:090 - Electrical Training Program standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				227A.040,
				227A.060
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				227A.040(8) authorizes the
				Department of Housing, Buildings and Construction to promulgate administrative
				regulations to create a code of ethics and procedures governing the licensure
				of electrical contractors, master electricians, and electricians.
				KRS
				227A.060(2) and (3)
				authorize applicants for licensure as a master electrician or electrician to
				complete training courses in electrical work acceptable to the department to
				fulfill the requirements for licensure. This administrative regulation
				establishes the standards for an acceptable electrical training program.
Section 1. Required Information. An applicant
			 for certification as an electrical training program shall submit to the
			 department a completed Application for Electrical Training Program, Form
			 EL-6.
Section 2. Department
			 Acceptance. The department shall accept the applicant's electrical training
			 program if the applicant is one of the following:
(1) A program that will provide:
(a) Electrical training sufficient to allow
			 trainees to operate safely and competently in the electrical
			 industry;
(b) An accurate
			 certification of attendance at all courses offered;
(c) Instructors with sufficient technical
			 knowledge of the subject matter; and
(d) Courses with at least 288 hours of
			 classroom training (one (1) hour of classroom training shall be equal to sixty
			 (60) minutes); or
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:005 - Charitable gaming licenses and exemptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.515, 238.525, 238.530, 238.535, 238.540,
				238.555
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515(1) requires
				the Department of Charitable Gaming to license charitable organizations,
				charitable gaming facilities, manufacturers, and distributors that desire to
				engage in charitable gaming. KRS 238.515(2) authorizes the Department of
				Charitable Gaming to establish and enforce reasonable standards for the conduct
				of charitable gaming and the operation of charitable gaming facilities. This
				administrative regulation establishes the requirements, fees, and procedures
				for licensure of a qualifying charitable organization, distributor,
				manufacturer, or charitable gaming facility. This administrative regulation
				establishes criteria for temporary licenses, exemptions, and inspections for
				verifying the information contained in an application.
Section 1. Application for Licensure.
(1) At least sixty (60) days prior to the
			 expiration of its existing license or its first expected date of gaming,
			 facility operation, or business operations in Kentucky during the license
			 period, an applicant shall submit the appropriate complete, accurate, and
			 documented application:
(a) A charitable
			 organization shall submit Form CG-APP-ORG;
(b) An organization authorized to hold
			 special event raffles pursuant to KRS 238.535(14)(b) shall submit Form
			 CG-APP-SER;
(c) A distributor shall
			 submit Form CG-APP-DIS;
(d) A
			 manufacturer shall submit Form CG-APP-MAN;
(e) A charitable gaming facility shall submit
			 Form CG-APP-FAC; and
(f) A licensed
			 charitable organization shall submit Form CG-APP-ORG-CFE in addition to Form
			 CG-APP-ORG for each charity fundraising event it intends to conduct.
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:025 - Reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.530, 238.550, 238.555, 238.560,
				238.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515(4) authorizes
				the Department of Charitable Gaming to promulgate administrative regulations
				establishing standards of accounting, recordkeeping, and reporting to ensure
				charitable gaming receipts are properly accounted for. KRS 238.530 authorizes
				the department to promulgate an administrative regulation to require a licensed
				distributor to report all activities relating to the sale, rental, lease, or
				furnishing of charitable gaming supplies and equipment. KRS 238.560 authorizes
				the department to take administrative action against any person for any
				violation of the provisions of KRS Chapter 238 and the administrative
				regulations promulgated thereunder. This administrative regulation establishes
				the method and time of filing financial reports and remitting payment of fees
				due.
Section 1. Reporting.
(1) Licensees shall submit corresponding
			 forms and reports quarterly as described in Section (2) of this administrative
			 regulation:
(a) Licensed charitable
			 organizations shall submit Form CG-FIN-ORG, Financial Report for a Licensed
			 Charitable Organization;
1. Licensed
			 charitable organizations with gross receipts of less than $200,000 per calendar
			 year and no weekly bingo session shall only be required to submit Form
			 CG-FIN-ORG annually, on or before January 31 of each year;
2. Licensed charitable organizations
			 receiving distributions from organizations described in subsection (1)(d) of
			 this administrative regulation shall submit Form CG-FIN-ORG (RRA), Financial
			 Report for a Licensed Charitable Organization, Recipient Account. If the
			 licensed charitable organization receives distributions from more than one (1)
			 organization, it shall submit Attachment A-1 and G-1 for each distributing
			 organization;
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:055 - Charity fundraising event standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.505, 238.515, 238.535, 238.545,
				238.547
NECESSITY, FUNCTION, AND CONFORMITY: The Department of
				Charitable Gaming is authorized by KRS 238.515 to establish and enforce
				reasonable standards for the conduct of charitable gaming. This administrative
				regulation establishes standards, fees, and procedures for the conduct of
				charity fundraising events and special limited charity fundraising
				events.
Section 1. Charitable
			 Fundraising Event Licensing and Standards.
(1)
			 At least thirty (30) days prior to the scheduled date for a charity fundraising
			 event, a licensed charitable organization shall submit a complete and accurate
			 application on Form CG-Schedule A, Charity Fund-raising Event or Special
			 Limited Charity Fundraising Event License Application.
(2) Each application for licensure under this
			 administrative regulation shall be accompanied by:
(a) A twenty-five (25) dollar fee;
			 and
(b) A copy of the executed
			 lease for the charitable gaming facility, if applicable.
(3) The department shall issue a license if
			 the applicant:
(a) Possesses a regular
			 charitable gaming license; and
(b)
			 Has met the requirements for licensure established in KRS 238.505.
(4) The event shall not be
			 advertised nor preregistrations taken until a license is issued.
(5) Once a license is issued, players may
			 preregister for the event prior to the day of the event only if payment is
			 received by the charitable organization.
(6) Charity game tickets shall not be an
			 approved game of chance at a charity fundraising event held by an exempt
			 charitable organization.
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:060 - Prohibited conduct

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.510, 238.540, 238.550
NECESSITY, FUNCTION, AND CONFORMITY: The Department of
				Charitable Gaming is authorized by KRS 238.515 to establish and enforce
				reasonable standards for the conduct of charitable gaming. This administrative
				regulation prohibits tips or other gratuities for volunteers working at
				charitable gaming events and prohibits employees of the Department of
				Charitable Gaming from playing any charitable games, removing any potential
				conflict of interest or appearance of impropriety.
Section 1. Tipping Prohibited.
(1) The charitable organization conducting
			 gaming shall take one (1) or more of the following measures to inform the
			 public that, pursuant to KRS 238.540(4), its volunteers are unable to accept
			 tips or other forms of gratuities:
(a) Post
			 signs in a conspicuous location that volunteers are not permitted to accept
			 tips;
(b) State prominently on the
			 charitable gaming session program that volunteers are not permitted to accept
			 tips; or
(c) Announce during the
			 charitable gaming session that volunteers are not permitted to accept
			 tips.
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:125 - Gaming inspections

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.515, 238.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515 authorizes the
				Department of Charitable Gaming to establish and enforce reasonable standards
				for the conduct of charitable gaming. KRS 238.560 authorizes the department to
				inspect and examine charitable gaming operations. This administrative
				regulation establishes how the department will investigate the conduct of
				charitable gaming through inspections.
Section
			 1. Inspections. A compliance officer, investigator, auditor, or
			 any other employee authorized by the department may, to ensure compliance with
			 all statutes and administrative regulations relating to charitable gaming,
			 inspect the conduct of gaming by the following:
(1) Exempt organizations;
(2) Licensed charitable
			 organizations;
(3) Licensed
			 charitable gaming facilities;
(4)
			 Licensed manufacturers; and
(5)
			 Licensed distributors.
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:130 - Administrative actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.510, 238.515, 238.530, 238.555, 238.560,
				238.995
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515 and 238.560
				authorize the Department of Charitable Gaming to take appropriate disciplinary
				action against licensed charitable organizations, charitable gaming facilities,
				manufacturers, distributors, or persons who do not operate in compliance with
				KRS Chapter 238 and the administrative regulations promulgated thereunder. KRS 238.560 authorizes the department to classify offenses and recommended
				administrative actions. This administrative regulation establishes the required
				classifications and penalties.
Section
			 1. Department Enforcement Powers.
(1) The department may issue a letter of
			 warning, letter of reprimand, or a cease and desist order to any license holder
			 for any violation of KRS Chapter 238 or 820 KAR Chapter 1.
(2) The department may impose administrative
			 action pursuant to KRS 238.560 if the department determines that the action
			 will deter future violations and promote efforts to correct the violation
			 cited.
Kentucky Administrative Regulations › Title 820 - PUBLIC PROTECTION CABINET - DEPARTMENT OF CHARITABLE GAMING › Chapter 1 - Charitable Gaming › Section 820 KAR 1:135 - Disposal of gaming supplies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 238.515
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515 authorizes the
				Department of Charitable Gaming to establish and enforce reasonable standards
				for the conduct of charitable gaming and the operation of charitable gaming
				facilities. This administrative regulation establishes standards for the
				disposal of charitable gaming supplies and equipment.
Section 1. Cessation of Gaming. When a
			 charitable organization ceases to game, the charitable organization shall:
(1) Perform a final inventory of all
			 charitable gaming supplies and equipment;
(2) Spend or disburse remaining charitable
			 gaming funds:
(a) In a manner that is
			 consistent with the charitable organization's charitable purpose; or
(b) Donate the charitable gaming funds to
			 another charitable organization's charitable purpose; and
(3) Dispose of all unused charitable gaming
			 supplies and equipment by:
(a) Returning to a
			 distributor;
(b) Donating to
			 another charitable organization with the permission of the
			 department;
(c) Donating to the
			 department for demonstration and training purposes; or
(d) Destruction pursuant to Section 2 of this
			 administrative regulation.
Kentucky Administrative Regulations › Title 825 - ENERGY AND ENVIRONMENT CABINET - KENTUCKY MINE SAFETY REVIEW COMMISSION › Chapter 1 - Kentucky Mine Safety Review › Section 825 KAR 1:020 - Administrative hearings procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 351.025(1), (2), (5), 351.070(15),
				351.1041(1), (7), (8), 351.105(11), 351.120, 351.184, 351.194.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.194(1) and KRS 351.025(5) require the Mine Safety Review Commission to promulgate
				administrative regulations to establish administrative hearing and review
				procedures in accordance with KRS Chapter 13B. This administrative regulation
				supplements the provisions of KRS Chapter 13B by establishing procedures for
				the filing, evaluation, and disposition of complaints and petitions of
				appeal.
Section 1. The provisions of
			 KRS 13B.010 through 13B.170 and this administrative regulation shall govern all
			 hearings conducted pursuant to KRS 351.1041(1)(a) and KRS 351.025(5).
Section 2. Practice Before the Commission.
(1) The hearing shall be adversarial and
			 presided over by a hearing officer assigned by the commission, which may
			 include a member of the commission or an independent hearing officer, who shall
			 conduct the hearing in accordance with KRS 13B.050 to 13B.130. If a complaint
			 is filed by the Department for Natural Resources, the charges and evidence
			 against the respondent shall be filed by an attorney from the Office of Legal
			 Services. If a petition of appeal is filed by an individual or licensee, an
			 attorney for the Office of Legal Services shall represent the Department for
			 Natural Resources.
(2) An
			 individual may file a petition of appeal or a response to a complaint pro se.
			 In accordance with S.C.R. 3.020, all other petitioners or respondents shall be
			 represented by an attorney admitted to practice law in the Commonwealth of
			 Kentucky.
(3) Entry of Appearance.
			 A representative of a party shall enter an appearance in a proceeding under
			 this administrative regulation by:
(a) Signing
			 the first document filed with the commission on behalf of a party;
(b) Filing a written entry of appearance with
			 the commission; or
(c) With the
			 permission of the hearing officer, orally entering an appearance in open
			 hearing.
(4) Withdrawal
			 of appearance. A representative desiring to withdraw his appearance shall file
			 a motion with the commission. The motion to withdraw may, in the discretion of
			 the hearing officer, be denied if necessary to avoid undue delay or prejudice
			 to the rights of a party.
Kentucky Administrative Regulations › Title 825 - ENERGY AND ENVIRONMENT CABINET - KENTUCKY MINE SAFETY REVIEW COMMISSION › Chapter 1 - Kentucky Mine Safety Review › Section 825 KAR 1:030 - Penalties for subsequent violations; criteria for modification of civil penalties and fines

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.025(1), (2), 351.194
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.025(1)(a) requires
				the Mine Safety Review Commission to establish a maximum penalty for certified
				miners who commit subsequent offenses. KRS 351.025(1)(c) requires the Mine
				Safety Review Commission to establish a maximum penalty for noncertified
				personnel who commit subsequent offenses. KRS 351.194(6) authorizes the Mine
				Safety Review Commission to establish criteria that may be used to modify the
				civil penalties promulgated by the Kentucky Department for Natural Resources.
				This administrative regulation establishes the maximum penalties for certified
				and noncertified personnel who commit subsequent offenses. In addition, this
				administrative regulation establishes the criteria the commissioners may use to
				modify the penalties set forth in  805 KAR 8:030,  805 KAR 8:040,  805 KAR 8:050,
				and  805 KAR 8:060.
Section 1.
			 Definitions.
(1) "Certified miner" or
			 "certified personnel" means a miner, mine foreman, assistant mine foreman,
			 electrician, shotfirer, underground or surface mining instructor, or mine
			 emergency technician (MET).
(2)
			 "Noncertified personnel" means any person in or around a coal mine who has not
			 procured a certificate from the Division of Mine Safety to perform particular
			 work duties.
(3) "Subsequent
			 offense" means any intentional violation of, or order to violate, a mine safety
			 law which places a miner in imminent danger of serious injury or death, as
			 adjudicated by the Kentucky Mine Safety Review Commission, and which occurs
			 after the individual's or entity's first offense.
Kentucky Administrative Regulations › Title 830 - PUBLIC PROTECTION CABINET - OFFICE OF OCCUPATIONS AND PROFESSIONS › Chapter 1 - Secondary Metals Recyclers › Section 830 KAR 1:010 - Application, certification of registration, and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 433.900 - 433.906
NECESSITY, FUNCTION, AND CONFORMITY: KRS 433.902(4) requires
				the Department of Professional Licensing to promulgate administrative
				regulations to establish registration forms and fees for secondary metals
				recyclers. This administrative regulation establishes the required forms and
				fees for registration as a secondary metals recycler.
Section 1. Application.
(1) An applicant for a certificate of
			 registration shall submit:
(a) A completed
			 Form SMR-1, Application for Registration as a Secondary Metals
			 Recycler;
(b) Payment of the
			 application fee by check or money order made payable to the Kentucky State
			 Treasurer in the amount of $75 for each location, if more than one;
			 and
(c) A copy of the results of a
			 name-based background check on the applicant performed by the Kentucky State
			 Police.
Kentucky Administrative Regulations › Title 830 - PUBLIC PROTECTION CABINET - OFFICE OF OCCUPATIONS AND PROFESSIONS › Chapter 2 - Athlete Agent Registry › Section 830 KAR 2:001 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.6901 to 164.6935
NECESSITY, FUNCTION, AND CONFORMITY: The Revised Uniform
				Athlete Agents Act, KRS 164.6901 to 164.6935, authorizes the Department of
				Professional Licensing to exercise administrative functions of the Commonwealth
				in the regulation of athlete agents, and to promulgate administrative
				regulations for the Kentucky Athlete Agent Registry. This administrative
				regulation sets forth the definitions for use in 830 KAR, Chapter 2.
Section 1. Definitions.
(1) "Appropriate college, university, or
			 athletic regulatory body" means the college, university, or athletic regulatory
			 body which provides or regulates an athletic program in which a student athlete
			 participates or did participate at the time misconduct set forth in a complaint
			 occurred.
(2) "Charge" means a
			 written allegation issued by the college, university, or athletic regulatory
			 body stating that a violation of a Kentucky statute or administrative
			 regulation relevant to the relationship between an athlete agent and student
			 athlete has occurred.
(3)
			 "Commissioner" means the individual in charge of the Department of Professional
			 Licensing.
(4) "Complaint" means a
			 written allegation of misconduct by a registered athlete agent or student
			 athlete which may constitute a violation of a Kentucky statute or
			 administrative regulation relevant to the relationship between an athlete agent
			 and student athlete.
(5)
			 "Department" means the Department of Professional Licensing.
(6) "Disciplinary action" means:
(a) A suspension, revocation, or refusal to
			 renew a registration for conduct that would have justified denial of an athlete
			 agent's registration under KRS 164.6911(2);
(b) The imposition of community service upon
			 a student athlete; or
(c) A
			 combination of the actions authorized in paragraphs (a) and (b) of this
			 subsection.
(7)
			 "Investigative assistant" means an individual assigned by the Department to
			 assist in the investigation of a complaint.
Kentucky Administrative Regulations › Title 830 - PUBLIC PROTECTION CABINET - OFFICE OF OCCUPATIONS AND PROFESSIONS › Chapter 2 - Athlete Agent Registry › Section 830 KAR 2:010 - Registration and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.6907(1), 164.6909, 164.6911,
				164.6915
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6905(3) authorizes
				the Department of Professional Licensing to promulgate administrative
				regulations necessary to implement the provisions of KRS 164.6901 to 164.6935.
				KRS 164.6909(1) requires the department to prescribe an application form for
				registration as an athlete agent. KRS 164.6911(4) requires the department to
				prescribe a registration renewal form. This administrative regulation
				establishes the procedures and fees for registration and registration renewal
				applications of an athlete agent.
Section
			 1. Application Procedures.
(1)
			 Initial registrations may be submitted at any time. An applicant for initial
			 registration shall submit:
(a) A completed
			 Athlete Agent Registry Application Form, Form AAR-002, with all attachments
			 required by the form;
(b) An
			 initial registration fee of $300;
(c) A copy of each agent contract with a
			 student athlete in the Commonwealth of Kentucky; and
(d) A copy of all licenses or permits under
			 which the agent is providing representation, advice, or serving as an agent in
			 any way.
Kentucky Administrative Regulations › Title 830 - PUBLIC PROTECTION CABINET - OFFICE OF OCCUPATIONS AND PROFESSIONS › Chapter 2 - Athlete Agent Registry › Section 830 KAR 2:020 - Complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 164.6913 - 164.6933
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6905(3) authorizes
				the Department of Professional Licensing to promulgate administrative
				regulations necessary to implement KRS 164.6901 to 164.6935. This
				administrative regulation establishes the procedure for review of a complaint
				against an athlete agent or student athlete.
Section 1. Complaint to the Kentucky Athlete
			 Agent Registry.
(1) All complaints shall be
			 submitted in writing on Form AAR-001.
(2) A complaint may be filed by:
(a) A person aggrieved in any fashion by an
			 alleged violation of KRS 164.6901 to 164.6935, or 830 KAR Chapter 2;
			 or
(b) A person or institution,
			 including the department or appropriate college, university, or athletic
			 regulatory body, based upon information in its possession.
(3) A complaint shall not be filed
			 anonymously. The department shall not take action on anonymous
			 complaints.
(4) Upon receipt of a
			 complaint, the Department shall:
(a) Send a
			 copy to the appropriate college, university, or athletic regulatory body via
			 certified mail, return receipt requested; and
(b) Send a copy and request for response to
			 the athlete agent and student athlete named in the complaint, and each other
			 identified party, via certified mail, return receipt requested.
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 1 - Board of Auctioneers › Section 831 KAR 1:010 - Licensing Fees and Applications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 330.050(6), 330.060, 330.070, 330.095,
				330.192
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes
				the Board of Auctioneers to promulgate administrative regulations with the
				approval of the executive director of the Kentucky Real Estate Authority in
				accordance with KRS Chapter 13A as required to fulfill the duties and functions
				assigned to the board by KRS Chapter 330. KRS 330.060(3)(b) requires the board
				to establish an examination fee by administrative regulation. KRS 330.070
				requires the board to promulgate administrative regulations concerning license
				fees and replacement fees and authorizes the board to establish fees for
				deferral of continuing education or a change of address. KRS 330.192 authorizes
				the board to promulgate administrative regulations concerning the auctioneer's
				education, research, and recovery fund. This administrative regulation
				establishes fees associated with acquiring and maintaining auctioneer
				licenses.
Section 1. Licensure Fees.
(1)
(a) The
			 initial license fee for each new applicant with the Kentucky Board of
			 Auctioneers shall be $125. Payment of the fee shall accompany the Auctioneer
			 License Application, KBA-1.
(b) An
			 applicant for an initial license shall submit with his or her Auctioneer
			 License Application, KBA-1, a national background check that was completed by
			 the Federal Bureau of Investigation within the sixty (60) days preceding
			 submission of the application.
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 1 - Board of Auctioneers › Section 831 KAR 1:020 - Standards of conduct and complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 330.110, 330.120, 330.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes
				the Board of Auctioneers to promulgate administrative regulations with the
				approval of the executive director of the Kentucky Real Estate Authority in
				accordance with KRS Chapter 13A as required to fulfill the duties and functions
				assigned to the board. This administrative regulation establishes requirements
				to protect the public through adequate recordkeeping and accounting by
				licensees.
Section 1. Personal Property
			 Auction Proceeds.
(1) Proceeds due from the
			 sale of personal property shall be disbursed to the seller no later than thirty
			 (30) days after the date of each auction. If the seller's personal property is
			 not sold in a single auction, proceeds from the sale shall be disbursed to the
			 seller no later than thirty (30) days after the auction at which such personal
			 property was sold. Notice shall be given to the seller of the tentative date of
			 auction of the remaining personal property.
(2) Proceeds of a personal property auction
			 not disbursed to the seller on auction day shall be deposited in an auction
			 escrow account by the auctioneer or auction firm no later than three (3)
			 banking days following the date of auction or sale of the personal property,
			 whichever occurs first.
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 1 - Board of Auctioneers › Section 831 KAR 1:030 - Education requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 330.050, 330.060, 330.070, 330.095
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes
				the Board of Auctioneers to promulgate administrative regulations with the
				approval of the executive director of the Kentucky Real Estate Authority in
				accordance with KRS Chapter 13A as required to fulfill the duties and functions
				assigned to the board by KRS Chapter 330. KRS 330.060(1) requires applicants
				for an apprentice auctioneer or auction house operator's license to
				successfully complete instruction as prescribed by the board from a
				board-approved auction education provider. KRS 330.070(7) authorizes the board
				to require, as a condition precedent to the renewal of any license, that each
				licensee complete continuing education up to ten (10) hours per license year.
				This administrative regulation establishes prelicensing and continuing
				education requirements for all board of auctioneer licensees.
Section 1. Education Providers.
(1) All required education shall be obtained
			 from a board-approved provider.
(2)
			 A request to become an approved provider shall be made on the Continuing
			 Education: Approved Provider Application form, KBA-4 provided by the
			 board.
(3) A prospective or
			 approved provider shall notify the board in writing within thirty (30) days of
			 any material change in information submitted on the application or attachments.
			 Notification shall be made on the License Status and Information Update form,
			 KBA-3, incorporated by reference in  831 KAR 1:010.
(4) An approved provider shall submit to the
			 board advance notification of each course offering on the Continuing Education:
			 Course Notification form, KBA-5.
(5) An approved provider shall submit to the
			 board a roster of attendees completing a course within ten (10) days of
			 completion. The roster shall include each attendee's name, address, license
			 number, and e-mail address.
(6) An
			 approved provider shall disclose to all potential students prior to enrollment:
(a) The full cost of each course, including
			 tuition, books, and required materials; and
(b) The number of continuing education hours
			 to be earned by attending and completing each course.
(7) An approved provider shall maintain clear
			 and correct written or electronic records for a minimum of five (5) years,
			 including:
(a) Course handouts;
(b) Attendance records; and
(c) Course evaluations.
(8) A provider's approval shall be subject to
			 withdrawal for a violation of KRS Chapter 330 or 831 KAR Chapter 1.
(9) A complaint against an approved provider
			 shall be notarized and filed on the Complaint Form, KBA-6, which is
			 incorporated by reference in  831 KAR 1:020.
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 2 - Kentucky Board of Home Inspectors › Section 831 KAR 2:001 - Definitions for 831 KAR Chapter 2

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 198B.700(2), 198B.706
NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(15) requires
				the Kentucky Board of Home Inspectors, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. This administrative regulation establishes the
				definitions for 831 KAR Chapter 2.
Section
			 1. Definitions.
(1) "Approved"
			 means recognized by the Kentucky Board of Home Inspectors.
(2) "Complaint" means a written allegation of
			 misconduct by a home inspector, or other allegation of a violation of KRS
			 Chapter 198B, the requirements established in 831 KAR Chapter 2, or another
			 state or federal statute or regulation applicable to home inspectors.
(3) "Continuing education hour" means fifty
			 (50) clock minutes of instruction, exclusive of any breaks, recesses, testing,
			 or other time not spent on instruction.
(4) "Expired license" means a license that
			 was not renewed by the last day of the licensee's birth month as required by
			 KRS 198B.722(1) or (2).
(5)
			 "Prelicensing course provider" means the person or legal entity approved by the
			 board to conduct prelicensing courses in home inspection.
(6) "Probationee" means a licensee,
			 prelicensing course provider, or continuing education provider placed on
			 probation by the board.
(7)
			 "Provider" means the person or legal entity approved by the board to provide
			 prelicense or continuing education in home inspections.
(8) "Terminated license" means a license that
			 has not been renewed within 120 days of expiration as required by  831 KAR 2:020, Section 5(2)(d).
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 2 - Kentucky Board of Home Inspectors › Section 831 KAR 2:020 - Licensing requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 198B.700, 198B.706, 198B.712, 198B.714,
				198B.716, 198B.722, 198B.724, 198B.738, 335B.020, 335B.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.706(1) and (15)
				requires the Kentucky Board of Home Inspectors, with the approval of the
				executive director of the Kentucky Real Estate Authority, to promulgate
				administrative regulations to carry out the effective administration and
				requirements of KRS 198B.700 to 198B.738 and to determine the requirements and
				prescribe forms and applications for licensing. KRS 198B.722(2) and (7)
				authorizes the board to establish requirements for licensure renewal and to
				establish an inactive license. This administrative regulation establishes
				licensure requirements for home inspectors.
Section
			 1. Application Requirements.
(1)
			 An applicant for an initial home inspector license shall submit:
(a) A completed Application for Licensure,
			 form KBHI-1;
(b) A two (2) inch by
			 two (2) inch passport photograph taken within the past six (6) months and
			 affixed to the application form;
(c)
1. A
			 certificate of course completion from a prelicensing course provider approved
			 by the board in accordance with  831 KAR 2:040; and
2. The applicant's passing examination test
			 score from a test provider approved by the board in accordance with  831 KAR 2:040;
(d) A certificate
			 of liability insurance pursuant to KRS 198B.712(3)(d), verifying continuous
			 coverage;
(e) If applicable, other
			 state or local licensure, certification, registration, or permit;
(f) Two (2) criminal background checks, both
			 completed no more than ninety (90) days prior to the date the board receives
			 the application:
1. A state criminal
			 background check performed by:
a. The Kentucky
			 State Police for Kentucky residents; or
b. A comparable law enforcement agency for
			 non-resident applicants; and
2. A nationwide criminal background
			 investigation check in accordance with subsection (2) of this section;
			 and
(g) A nonrefundable
			 fee of $250.
Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 2 - Kentucky Board of Home Inspectors › Section 831 KAR 2:040 - Education and testing requirements and providers.

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 165A, 198B.706, 198B.712, 198B.722,
				198B.724
NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(15) requires
				the Kentucky Board of Home Inspectors, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. KRS 198B.706(11) and 198B.724 require the board to
				establish requirements for continuing education courses and providers. KRS 198B.712(3)(c) requires an applicant to complete a board-approved course of
				study prior to seeking licensure. This administrative regulation establishes
				continuing education requirements for licensees and the procedures for
				obtaining board approval to be a prelicensing provider and a continuing
				education provider.
Section 1. Test
			 Provider and Examination Approval.
(1) To
			 become an approved test provider, an applicant shall submit a written proposal
			 to the board regarding the proposed examination.
(2) The proposal shall indicate that the
			 examination:
(a) Consists of at least 200
			 questions;
(b) Draws questions from
			 a question bank consisting of:
1. At least 800
			 unique questions, if no state-specific questions are asked; or
2. At least 650 general knowledge questions
			 and at least 150 state-specific questions, if state-specific questions are
			 asked;
(c) Contains
			 questions reasonably calculated to evaluate the competency and aptitude of the
			 prospective licensee to be a home inspector;
(d)
1.
			 Includes questions that cover, at a minimum, building sciences and report
			 writing; and
2. The exam may include
			 questions that cover one (1) or both of the standards of practice authorized in
			 KRS 198B.706(13);
(e)
			 Indicates how a passing score is to be calculated;
(f) Includes details indicating how the
			 examination will be proctored; and
(g) Is third-party accredited by the Buros
			 Center for Testing, or another independent, nationally recognized examination
			 or credential accreditation entity acceptable to the Board, as being an
			 examination developed and administered in accordance with generally accepted
			 standards for psychometric validity, consistent with the 2014 Standards for
			 Educational and Psychological Testing.
(3) The proposed examination may contain
			 state-specific questions totaling no more than ten (10) percent of the total
			 questions on the examination.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Administration › Section 900 KAR 1:009 - Employee Access to Federal Tax Information (FTI)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.095,
				194A.005,
				194A.062,
				335B.010,
				335B.020,
				26 C.F.R. 301.6103(p)(7)-1,
				26
				U.S.C. 6103
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.062(1) requires each
				employee of the cabinet, including contract staff, with access to or use of
				federal tax information (FTI) to submit to a criminal background investigation
				by means of a fingerprint check by the Department of Kentucky State Police and
				the Federal Bureau of Investigation.
				KRS
				194A.062(2) requires the
				cabinet to promulgate an administrative regulation to implement that
				requirement. This administrative regulation establishes requirements for
				fingerprint-based state and national criminal background checks for prospective
				and current employees, including contract staff whose job duties include access
				to or use of FTI.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(2) "Disqualifying offense" means a
			 conviction, plea of guilty, Alford plea, or plea of nolo contendere to any
			 felony, misdemeanor during the preceding seven (7) years, or offense the nature
			 of which indicates that the employee constitutes an unreasonable and immediate
			 risk to the security of federal tax information, as determined by the
			 cabinet.
(3) "Federal tax
			 information" or "FTI" means federal tax returns and return information that
			 may:
(a) Contain personally identifiable
			 information; and
(b) Include
			 information created by the recipient that is:
1. Derived from federal return or return
			 information; and
2. Received
			 directly from the Internal Revenue Service (IRS) or obtained through an
			 authorized secondary source, which may include:
a. Social Security Administration
			 (SSA);
b. Federal Office of Child
			 Support Enforcement (OCSE);
c.
			 Bureau of the Fiscal Service (BFS);
d. Centers for Medicare and Medicaid Services
			 (CMS); or
e. Another entity acting
			 on behalf of the IRS.
(4) "Rap back service" means a notification
			 program in which the cabinet or responsible agency, upon approval to
			 participate in the program, will be informed if an individual who has undergone
			 a fingerprint-based criminal background check in accordance with the
			 requirements of this administrative regulation, and whose fingerprints are
			 retained by the Department of Kentucky State Police or the Federal Bureau of
			 Investigation, is subsequently arrested.
(5) "Responsible agency" means an office or
			 department within the cabinet, or an entity under contract with the cabinet,
			 that employs or offers a job to an individual in a position for which the job
			 duties include access to or use of FTI.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 2 - Long-term Care › Section 900 KAR 2:010 - Access and hours of visitation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216.537,
				216.540
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human
				Resources must set forth criteria pertaining to the ability of the
				administrator of a long-term care facility to terminate visitation to that
				facility. This administrative regulation is designed to give guidance to
				administrators under the provisions of
				KRS
				216.540(4) and to comply
				with the requirements of
				KRS
				216.537 concerning hours of
				visitation.
Section 1. Definitions.
(1) "Administrator" means the administrator
			 of a long-term care facility subject to the provisions of the nursing home
			 reform act,
			 KRS
			 216.535 et seq.
(2) "Designated representative" means with
			 respect to an administrator, a member of the long-term care facility's existing
			 staff who has been authorized in writing by the administrator to act in the
			 absence of the administrator. In the case of the long-term care ombudsman,
			 "ombudsman's design-ee" means an individual, association or corporation
			 authorized by contract to act as agent for certain specified purposes in behalf
			 of the long-term care ombudsman.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 2 - Long-term Care › Section 900 KAR 2:040 - Citations and violations; criteria and specific acts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.040,
				13B.050,
				13B.080,
				13B.090,
				13B.110,
				13B.130,
				216.510
				- 216.525, 216.555 - 216.567, 216.577, 216A.010(3),
				42 C.F.R. 483.10,
				45 C.F.R. Part 160, Part 164,
				42
				U.S.C. 1320d-2
				-
				1320-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216.563 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations setting forth the
				criteria and, where feasible, the specific acts that constitute Type A and B
				violations as specified by
				KRS
				216.537 to
				216.590.
				This administrative regulation establishes the criteria for Type A and B
				violations in long-term care facilities and the process for appeal of any
				decision on citations or penalties as required by
				KRS
				216.567(1).
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216.510(3).
(2) "Citation" means written notification of
			 a Type A or Type B violation.
(3)
			 "Long-term care administrator" is defined by
			 KRS
			 216A.010(3).
(4) "Long-term care facility" means the same
			 as "long-term care facilities" defined by
			 KRS
			 216.510(1).
(5) "Resident" is defined by
			 KRS
			 216.510(2).
(6) "Type A violation" means a violation, as
			 described by
			 KRS
			 216.557(1), by a long-term
			 care facility of the administrative regulations, standards, and requirements
			 established by the cabinet pursuant to
			 KRS
			 216.563 or the provisions of
			 KRS
			 216.510 to
			 216.525, or
			 applicable federal laws and regulations that present an imminent danger to any
			 resident of a long-term care facility and creates substantial risk that death
			 or serious mental or physical harm to a resident will occur.
(7) "Type B violation" means a violation, as
			 described by
			 KRS
			 216.557(2), by a long-term
			 care facility of the administrative regulations, standards, and requirements
			 established by the cabinet pursuant to
			 KRS
			 216.563 or the provisions of
			 KRS
			 216.510 to
			 216.525, or
			 applicable federal laws and regulations that present a direct or immediate
			 relationship to the health, safety, or security of any resident, but which does
			 not create an imminent danger.