reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:020 - Department facilities; facility inspection; conflict of interest

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216
				provide that the Commissioner of the department may adopt such administrative
				regulations necessary to carry out the provisions of KRS Chapter 332. This
				regulation establishes the department's policy regarding department premises,
				facility inspection, and conflict of interest.
Section 1. General Prohibitions on Premises.
(1) A driver training school instructor,
			 employee, or agent shall not be permitted to loiter in or on premises rented,
			 leased, owned, or used by the department.
(2) A driver training school instructor,
			 employee, or agent shall not be permitted to personally solicit any individual
			 on premises rented, leased, owned, or used by the department for the purpose of
			 enrolling them in any driver training school.
(3) Practice driving shall be prohibited on
			 testing areas used by the department while driving tests are in
			 progress.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:030 - Instructor's license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 332.204
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the
				department to promulgate administrative regulations to carry out the provisions
				of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to
				adopt administrative regulations to administer the cabinet. KRS 332.204(3)
				requires the department to establish an application process for the licensing
				of instructors for driver training in the operation of noncommercial motor
				vehicles. This administrative regulation establishes the requirements for the
				application and licensing for a driver training instructor.
Section 1. A person seeking to be licensed as
			 a driver training instructor shall submit an application with required
			 documents to the Kentucky State Police Drivers Testing Branch at the address in
			 Section 12 of this administrative regulation .
Section 2. The driver training instructor
			 license application shall indicate the name and address of the driver training
			 school employing the applicant and shall be signed by an agent or
			 representative of the driver training school. The application shall be verified
			 under oath and signed by the applicant.
Section
			 3. The driver training instructor license applicant shall submit
			 to the Drivers Testing Branch at the address in Section 12 of this
			 administrative regulation the following:
(1) A
			 duly completed driver training instructor application, KSP 107;
(2) The fee set in KRS 332.204(4) in the form
			 of a certified check or money order made payable to the Kentucky State
			 Treasurer;
(3) Three (3) identical
			 photographs that:
(a) Are one and one-half (1
			 1/2) inches by one and one-half (1 1/2) inches; and
(b) Show a full face view of the applicant's
			 neck and uncovered head;
(4) A physical examination report, including
			 the following:
(a) Results of an eye
			 examination showing the visual acuity of the applicant to be at least 20/20 in
			 one (1) eye and 20/40 in the other, or 20/30 in each eye separately with or
			 without corrective lenses;
(b)
			 Showing that the applicant has at least one (1) functional:
1. Eye;
2. Hand; and
3. Foot; and
(c) Would not be disqualified for a driver's
			 license pursuant to  601 KAR 13:010;
(5) Proof of age by copy of birth certificate
			 or valid driver's license;
(6)
			 Proof of education by copy of diploma or GED certificate; and
(7) A Driver Training Instructor's
			 Examination Report, KSP 110, if the applicant has obtained a passing
			 score.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:035 - Commercial driver's license skill testing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 165A.310, 281A.160,  49 C.F.R. 383.75, 49  C.F.R.
				383.131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.160 requires the
				Department of Kentucky State Police to promulgate administrative regulations to
				implement the provisions of the statute, which allows third parties to
				administer the skills test for commercial driver's licenses. This
				administrative regulation establishes procedures for authorization and
				testing.
Section 1. Application for
			 Authorization. Persons desiring to administer the skills test for commercial
			 driver's licenses shall make a written request to the Kentucky State Police
			 Driver Testing Branch . The request shall be accompanied by:
(1) A copy of a current driver's training
			 school or instructor's license; and
(2) Proof of satisfactory completion of a CDL
			 examiner's training course approved by the U.S. Department of Transportation,
			 Federal Highway Administration (FHWA).
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:050 - Contracts and agreements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216
				provide that the department may adopt administrative regulations necessary to
				carry out the provisions of KRS Chapter 332. This administrative regulation
				establishes the department's policy regarding contracts and agreements
				involving driver training schools.
Section
			 1. Each school shall file and maintain a list of persons
			 authorized to execute contracts on behalf of the driver's school with the
			 department. A complete signature record form shall be filed with the department
			 for each person authorized to sign contracts for the school.
Section 2. Each school which uses contracts
			 or agreements shall furnish the department with blank copies of each form
			 used.
Section 3. Any student who
			 signs a contract or agreement with a driver training school shall receive a
			 copy of the contract and the original retained and filed by the school. These
			 contracts shall be made available to any authorized representative of the
			 department upon request.
Section 4.
			 All contracts used by a commercial driver training school shall contain the
			 following:
(1) The name and address of the
			 school. If the school is conducted under an assumed name or is operated by a
			 corporation, partnership or association, the agreement shall contain the name
			 of the individual owner, or the names of the officers of the corporation,
			 association, or members of the partnership as the department may
			 require.
(2) All contracts shall
			 contain the following statement. "This constitutes the entire agreement between
			 the school and the student and no verbal statements or promises will be
			 recognized."
(3) The fee charged
			 for each lesson, if fees are charged for individual lessons, or the fee for the
			 entire series of lessons agreed upon.
(4) A statement indicating that these
			 administrative regulations of the driver training schools are available on the
			 school premises for the examination by the student.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:060 - School advertising

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216
				authorize the department to establish administrative regulations necessary to
				carry out the provisions of KRS Chapter 332. This administrative regulation
				establishes the department's policy regarding advertising by driver training
				schools.
Section 1. A person shall not
			 advertise a driver training school or driver training of any type in this state
			 unless licensed by the department.
Section
			 2. A school shall not use any name other than its licensed name,
			 and a school shall not advertise or imply that it is "supervised,"
			 "recommended," "endorsed," "accredited," or "approved" by the Kentucky State
			 Police or the Commonwealth of Kentucky. A reference shall be made to past or
			 present association with any police agency by any person now an officer or
			 employee of the school. Driver training schools which are licensed by the
			 department may advertise that they are "inspected and licensed by the Kentucky
			 State Police."
Section 3. A driver
			 training school shall not:
(1) Make any false
			 or misleading claim in any of its advertising;
(2) Use a name that is like or deceptively
			 similar to a name used by another driver training school;
(3) Advertise or imply that free lessons will
			 be given to students who fail a motor vehicle operator's license
			 examination.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:070 - Training vehicle, annual inspection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 332
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the
				department to promulgate administrative regulations to carry out the provisions
				of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to
				adopt administrative regulations to administer the cabinet. This administrative
				regulation establishes the inspection of driver training motor vehicles used by
				driver training schools.
Section 1.
			 Driver training motor vehicles shall be presented to any authorized
			 representative of the Kentucky State Police Driver Testing Branch at least once
			 a year for inspection.
Section 2.
			 All motor vehicles used to give driver training instruction shall have a
			 current safety inspection certificate issued by the department which shall be
			 kept in the vehicle .
Section 3.
			 The motor vehicle shall be:
(1) In a safe
			 operating condition, not more than ten (10) years old;
(2) Insured as required in KRS 332.204(1)(d);
(3) Registered with
			 the department in the name of a driver training school as required by  502 KAR 10:040;
(4) Equipped with dual
			 controls on the foot brake, and on the clutch, if any, to enable the instructor
			 to bring the car under control in case of emergency. The driver training school
			 may offer instruction in both manual and automatic transmission vehicles;
			 and
(5) Equipped with seat belts
			 that shall be used by both student and instructor;
(6) Emergency ignition-kill toggle switch on
			 instructor's side;
(7) Equipped
			 with outside mirror on both driver's side and instructor's side; and
(8) Owned or leased by the school.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:090 - Procedure for denial, suspension, nonrenewal or revocation hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 165A.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216
				authorize the department to establish administrative regulations necessary to
				carry out the provisions of KRS Chapter 332. This administrative regulation
				outlines the administrative adjudication procedures of the department in
				license denial, suspension, nonrenewal and revocation hearings.
Section 1. Definitions.
(1) "Commissioner" is defined by KRS 332.015(2).
(2) "Contested case"
			 means an adjudicatory proceeding before the department in which the legal
			 rights, duties, or privileges of any person are required by law to be
			 determined after an opportunity for a hearing, without regard to whether the
			 proceeding is instituted by the department, or by some other person.
(3) "Department" is defined by KRS 332.015(1).
(4) "Party" means any
			 person or agency named or admitted as a party to any proceedings conducted
			 pursuant to 502 KAR Chapter 10 and includes only persons who have a real
			 interest in the matter before the commissioner of the department.
(5) "Person" means any individual, sole
			 proprietorship, partnership, corporation, association, or public or private
			 organization of any character.
(6)
			 "Order" means the whole, or any part, of a final disposition of an
			 adjudication..
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:110 - Third-party CDL skills test examiner standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 281A.160(4),  49 C.F.R. 383.75, 49  C.F.R.
				383.131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.160(5) and (8)
				require the Kentucky State Police to promulgate administrative regulations for
				third-party CDL skills test examiners. This administrative regulation
				establishes the minimum qualifications, mandatory training requirements, and
				prohibited conflicts of interest for third-party CDL skills test
				examiners.
Section 1. Definitions.
(1) "AAMVA" means the American Association of
			 Motor Vehicle Administrators.
(2)
			 "CDL" means a commercial driver license.
(3) "DOE" means the Kentucky Department of
			 Education.
(4) "Family member"
			 means:
(a) The current and former spouse, if
			 any, of a third-party skills test examiner;
(b) A person within the third degree of
			 relationship to any of them; or
(c)
			 The spouse of that person.
(5) "FMCSA" means the Federal Motor Carrier
			 Safety Administration.
(6) "KSP"
			 means the Kentucky State Police.
(7) "MOA" means memorandum of
			 agreement.
(8) "Third-party CDL
			 skills test examiner" means an employee of the DOE or a local board of
			 education who, pursuant to a MOA entered into between KSP and their employer,
			 administers CDL skills tests to other DOE or local board of education employees
			 who are seeking a CDL to operate publicly-owned school buses, and persons
			 retained by KSP under contractual agreement to administer CDL skills test to
			 CDL applicants.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:120 - Hazardous materials endorsement requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 281A.120, 281A.130, 281A.150, 281A.160,
				281A.170,  49 U.S.C. 5103a, 49  C.F.R. Parts 383, 1515, 1572
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.040 authorizes
				any state agency vested with a specific responsibility to have the necessary
				power and authority to promulgate administrative regulations to reasonably
				carry out the provisions of KRS Chapter 281A.  49 C.F.R. Part 1572  requires
				fingerprint verified criminal background checks on all persons obtaining or
				renewing a hazardous materials endorsement for a commercial driver's license.
				This administrative regulation establishes the necessary procedures for
				conducting fingerprint verified criminal background checks and establishing the
				location of the fingerprinting centers where the Kentucky State Police shall
				take fingerprints and transmit them to the federal government.
Section 1. Definitions.
(1) "CDL" or "Commercial Driver's License" is
			 defined by KRS 281A.010(5) and  49 C.F.R. 383.5.
(2) "CDL testing location" means the
			 department's regional CDL testing offices.
(3) "Determination of No Security Threat" is
			 defined by  49 C.F.R. 1572.15(d)(1).
(4) "DOT" means the federal Department of
			 Transportation.
(5) "Final
			 Determination of Threat Assessment" is defined by  49 C.F.R. 1572.15(d)(4).
(6) "HME" means
			 hazardous materials endorsement.
(7) "Initial Determination of Threat
			 Assessment" is defined by  49 C.F.R. 1572.15(d)(2).
(8) "KSP" means the Kentucky State
			 Police.
(9) "Proper identification"
			 means:
(a) A driver's license issued by the
			 applicant's state where they will obtain or have obtained a commercial driver's
			 license; or
(b) With respect to
			 non-United States citizens applying for a hazardous materials endorsement for a
			 commercial driver's license, proper identification means valid and unrestricted
			 documentation establishing lawful nonimmigrant alien, asylee, or refugee
			 status.
(10) "TSA" means
			 the federal Transportation Security Administration.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:010 - Application for license to carry concealed deadly weapon

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				237.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				237.110(7)(e) requires the
				department to promulgate an administrative regulation establishing the
				application form for a license to carry a concealed deadly weapon. This
				administrative regulation establishes the application form and
				procedures.
Section 1. Definitions.
(1) "Application form" means the
			 "Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for
			 License."
(2) "Department" means
			 the Department of State Police.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:020 - Applicant photograph requirements for license to carry concealed deadly weapon

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(8)(b) requires
				the Department of Kentucky State Police to establish the requirements for the
				photograph to be submitted by an applicant for a license to carry a concealed
				deadly weapon. This administrative regulation establishes the requirements for
				the photograph.
Section 1. The
			 photograph of the applicant required by KRS 237.110(8)(b) shall not be an image
			 produced by a copier or copy equipment and shall:
(1)
(a) Be
			 an original color photograph or a color photographic copy developed from the
			 negative of an original photograph and:
1. Be
			 no less than three and one-half (3 1/2) inches by four (4) inches;
			 and
2. Not exceed four (4) inches
			 by six (6) inches;
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:040 - Incomplete application for license to carry concealed deadly weapon

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(7) requires
				the Department of State Police to establish the application form to be
				completed by applicants for a license to carry a concealed deadly weapon. This
				administrative regulation establishes the reasons an application form shall be
				determined incomplete and the required procedures for the department.
Section 1. An application form shall be
			 determined incomplete if:
(1) It does not meet
			 the requirements of  502 KAR 11:010;
(2) It contains erroneous information;
			 or
(3) An item of the application
			 form cannot be read or understood.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:050 - Updating, replacement, and renewal of license to carry concealed deadly weapon

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(11) requires a
				licensee to notify the department if there is a change in the licensee's
				permanent address. KRS 237.110(12) authorizes a licensee to obtain a duplicate
				license if the original is lost, stolen, or destroyed. KRS 237.110(14) requires
				an applicant to renew a license to carry a concealed deadly weapon by
				submitting the department's renewal form. KRS 36.450 authorizes a carry
				concealed deadly weapon (CCDW) licensee that is a member of the United States
				Armed Forces, including a member of the Kentucky National Guard or Reserve on
				federal active duty, whose license expires while that licensee is deployed
				overseas to apply for renewal. This administrative regulation establishes the
				forms and procedures for updating, replacing, and renewing a license to carry a
				concealed deadly weapon.
Section 1.
			 Definitions.
(1) "Department" means the
			 Department of Kentucky State Police.
(2) "Licensee" means an individual with a
			 current and valid license to carry a concealed deadly weapon in the
			 Commonwealth of Kentucky.
(3)
			 "Overseas military deployment" means an overseas deployment of a licensee that
			 is a member of the United States Armed Forces, including a member of the
			 Kentucky National Guard or Reserve on federal active duty.
(4) "Personal information" means the name,
			 date of birth, Social Security Number, and address of a licensee.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:060 - License denial and reconsideration process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				237.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				237.110(9) requires the
				department to deny an application for a license to carry a concealed deadly
				weapon if an applicant fails to meet the statutory requirements for licensure
				and to reconsider its denial of an application upon the applicant's submission
				of documentation relating to the application.
				KRS
				16.080(1) authorizes the
				commissioner to promulgate administrative regulations necessary for the
				governing and operation of the department. This administrative regulation
				establishes the procedures for denial, notification of denial, and
				reconsideration.
Section 1.
(1) If the department determines that it will
			 deny an application for a license because an applicant fails to meet criteria
			 specified in KRS
			 237.110(3) or (4), the
			 department shall notify the applicant of the denial.
(2) The denial notice shall include:
(a) The reason the license is
			 denied;
(b) A section that the
			 applicant may sign to request reconsideration of the denial; and
(c) A statementthat the applicant may request
			 reconsideration by the department by signing the request for reconsideration
			 section, as provided in the notice of denial in the presence of the sheriff
			 within thirty (30) days of the date of the notice of denial of
			 license.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 11 - Concealed Deadly Weapons › Section 502 KAR 11:070 - License revocation and suspension notice and reinstatement process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				237.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				237.110(13)(a) requires the
				commissioner of the department to revoke a license to carry a concealed firearm
				or other deadly weapon if a licensee becomes permanently ineligible to be
				issued a license or have a license renewed under the criteria established by
				KRS
				237.110.
				KRS
				237.110(13)(b) requires the
				commissioner of the department to suspend a license to carry a concealed
				firearm or other deadly weapon if the licensee becomes temporarily ineligible
				to be issued a license or have a license renewed under the criteria established
				by KRS
				237.110.
				KRS
				16.080(1) authorizes the
				commissioner to promulgate administrative regulations necessary for the
				governing and operation of the department. This administrative regulation
				establishes the procedures for the revocation or suspension of a license to
				carry a concealed deadly weapon and for reinstatement of a revoked or suspended
				license.
Section 1.
(1) If the department determines that it will
			 revoke a license, the department shall notify the licensee of the
			 revocation.
(2) The revocation
			 notice shall include:
(a) The reason for the
			 revocation;
(b) That the licensee
			 is required to surrender his or her license to the sheriff of his or her county
			 of residence within two (2) business days of the receipt of the revocation
			 notice;
(c) That failure of the
			 licensee to surrender a revoked license is a Class A misdemeanor;
(d) A section that the licensee may sign to
			 request reconsideration of the revocation; and
(e) A statement that the licensee may request
			 reconsideration of the revocation by the department by signing the request for
			 reconsideration section, as provided in the notice of revocation in the
			 presence of the sheriff within thirty (30) days of the date of the notice of
			 revocation.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 12 - Medical Examiner Protocols › Section 502 KAR 12:010 - Sexual assault forensic-medical examination protocol

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.160, 16.132, Chapter 49, 72.020,
				209.020(4), 209.030, 209A.020, 209A.030, 209A.100, 209A.110, 209A.130, 211.600,
				216B.015(27), 216B.400, 216B.990(3), 314.011(14), 403.707, 421.570,
				510.010-510.140, 524.140, 529.010(2), 529.010(13), 529.100, 530.020,
				530.064(1)(a), 531.310, 600.020, 620.030,  34 U.S.C. 10449, 45 C.F.R. 164.512
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the
				Justice and Public Safety Cabinet to promulgate administrative regulations for
				the administration of all laws and functions which are vested in the cabinet,
				except laws and functions vested in the Department of Public Advocacy. KRS 216B.400 requires the cabinet to promulgate administrative regulations
				developing a statewide medical protocol for sexual assault examinations. This
				administrative regulation establishes the procedures to be followed by medical
				staff before, during, and after the examination of a victim of a sexual
				assault.
Section 1. Definitions.
(1) "Basic treatment" means basic medical
			 care provided to victims of sexual offenses, including a medical screening, an
			 examination for medical injuries, treatment for sexually transmitted
			 infections, and, if appropriate, delivery of postexposure HIV
			 prophylaxis.
(2) "Designated
			 storage facility" means an examination facility, local law enforcement agency,
			 or other agency that has an agreement with an examination facility to provide
			 secure storage for samples collected during sexual assault forensic-medical
			 examinations that are not immediately reported to law enforcement.
(3) "Examination Facility" means a sexual
			 assault examination facility as defined in KRS 216B.015(27).
(4) "Qualified medical professional" means
			 any physician's assistant or advanced practice registered nurse whose training
			 and scope of practice include performance of speculum examinations.
(5) "Rape crisis center advocate" means a
			 victim advocate who:
(a) Has met the
			 requirements of KRS 421.570; and
(b) Works or volunteers for a rape crisis
			 center regulated by the Cabinet for Health and Family Services, pursuant to KRS 211.600 and  922 KAR 8:010.
(6) "Victim" means a person who may have
			 suffered direct, threatened, or attempted physical or emotional harm from the
			 commission or attempted commission of:
(a) A
			 sexual offense, pursuant to KRS 510.010 to 510.140;
(b) Incest, pursuant to KRS 530.020;
			 or
(c) An offense relating to:
1. The use of a minor in a sexual
			 performance, pursuant to KRS 531.310;
2. An unlawful transaction with a minor,
			 pursuant to KRS 530.064(1)(a); or
3. Human trafficking for commercial sexual
			 activity, pursuant to KRS 529.010(2), 529.010(13), and 529.100.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:010 - Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15.383, 61.365, 186.412, 237.138-237.142,
				446.010(31),  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the requirements and procedures for certification.
Section 1. Definitions.
(1) "Applicant" means an honorably retired
			 peace officer who has applied to the Kentucky State Police to be certified to
			 carry a concealed deadly weapon pursuant to  18 U.S.C. 926C.
(2) "Application form" means the Commonwealth
			 of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for
			 License.
(3) "Honorably retired"
			 means an elected or appointed peace officer who meets the requirements to be a
			 qualified retired law enforcement officer as defined by  18 U.S.C. 926C(c).
(4) "License" means the
			 document indicating the approved certification pursuant to the Law Enforcement
			 Officers Safety Act of 2004, as codified in  18 U.S.C. 926C.
(5) "Peace officer" is defined by KRS 446.010(31) and 61.365.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:030 - Range qualification for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the requirements and procedures for range qualification for
				certification.
Section 1. Perform
			 Live-firing Exercises. An applicant shall annually qualify for certification by
			 performing a live-firing exercise in which the applicant is required to:
(1) Fire from a safe position;
(2) Perform without receiving any assistance
			 in holding, aiming, or firing from the instructor or any other person;
			 and
(3) Meet the marksmanship
			 qualification requirement for a retired peace officer as specified in KRS 237.140(4)(a).
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:040 - Issuance, expiration, and renewal of certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 186.412, 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the requirements and procedures for the issuance, expiration, and
				renewal of a LEOSA license.
Section 1.
			 Issuance of License.
(1) The department shall
			 issue a LEOSA license if it confirms that the applicant is qualified to carry a
			 concealed deadly weapon pursuant to  18 U.S.C. 926C  after the department has
			 received the documentation required by  502 KAR 13:010.
(2) If the department issues a LEOSA license,
			 it shall:
(a) Transmit the license to the
			 sheriff; and
(b) Send a notice to
			 the applicant:
1. Informing him or her that
			 the license is being conveyed to the sheriff of the county where the applicant
			 resides and what date the license will be available from the sheriff;
			 and
2. Including a section that the
			 applicant may sign in the presence of the sheriff or the sheriff's
			 designee.
(3)
			 The sheriff shall issue the license to the applicant upon:
(a) Verification of the identity of the
			 applicant by:
1. Submission of a valid
			 Kentucky operator's license or personal identification card issued by the
			 Transportation Cabinet pursuant to KRS 186.412; or
2. Personal knowledge of the sheriff;
			 and
(b) Signature on the
			 notice of issuance by the applicant in the presence of the sheriff or the
			 sheriff's designee.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:050 - Replacement of licenses to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the requirements and procedures for the replacement of LEOSA
				licenses that have been lost, destroyed, or stolen.
Section 1. Lost, Destroyed, or Stolen LEOSA
			 License.
(1) If a LEOSA license is lost,
			 destroyed, or stolen, a licensee shall notify the department on a Request For
			 Duplicate LEOSA License, KSP 127.
(2) A licensee shall complete the Request For
			 Duplicate LEOSA License, KSP 127, in the presence of the sheriff.
(3) The completed Request For Duplicate LEOSA
			 License, KSP 127, shall be:
(a) Signed by the
			 licensee in the presence of the sheriff;
(b) Notarized;
(c) Signed by the sheriff; and
(d) Transmitted by the sheriff to the
			 department as established in  502 KAR 13:010, Section 7(4).
(4) The department shall issue a duplicate
			 license if it confirms that the requirements of  502 KAR 13:040 have been
			 met.
(5) If the department approves
			 the request for a duplicate license, the department shall:
(a) Issue a duplicate license that contains a
			 license number that differs from the license number on the lost, destroyed, or
			 stolen license;
(b) Send the
			 duplicate license to the sheriff; and
(c) Notify the licensee in writing that the
			 duplicate license may be obtained by the licensee:
1. At the office of the sheriff;
			 and
2. After verification of
			 identity of the licensee as provided by  502 KAR 13:010, Section 5.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:060 - Change of personal information regarding certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the requirements and procedures for the change of personal
				information regarding LEOSA licensees.
Section
			 1. Change of Personal Information.
(1) If the address or personal information of
			 a licensee has changed, the licensee shall notify the department within thirty
			 (30) days of the change of personal information on the Law Enforcement Officers
			 Safety Act Licensee Request for Change of Personal Information, KSP
			 120.
(2) The Law Enforcement
			 Officers Safety Act Licensee Request for Change of Personal Information, KSP
			 120, shall be:
(a) Completed and signed by the
			 licensee in the presence of the sheriff; and
(b) Executed under oath.
(3) The sheriff shall verify the change of
			 personal information as provided by  502 KAR 13:010, Section 5.
(4) The completed Law Enforcement Officers
			 Safety Act Licensee Request for Change of Personal Information, KSP 120, shall
			 be:
(a) Signed by the sheriff; and
(b) Transmitted by the sheriff to the
			 department pursuant to  502 KAR 13:010, Section 7(4).
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:070 - Applicant photograph requirements for certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.140 provides for
				the certification of honorably retired elected or appointed peace officers to
				carry a concealed deadly weapon pursuant to  18 U.S.C. 926C  and requires the
				Kentucky State Police to promulgate administrative regulations to implement the
				certification provisions. This administrative regulation establishes applicant
				photograph requirements for LEOSA certification.
Section 1. Definition.
(1) "License" means the document indicating
			 the approved certification pursuant to the Law Enforcement Officers Safety Act
			 of 2004,  18 U.S.C. 926C.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 13 - Law Enforcement Officers Safety Act of 2004 › Section 502 KAR 13:080 - Incomplete application for certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142,  18 U.S.C. 926C
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142
				establish provisions for certification to carry a concealed deadly weapon for
				any elected or appointed peace officer who is honorably retired and who meets
				the provisions of these statutes and the Law Enforcement Officers Safety Act,
				 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate
				administrative regulations to implement the provisions of KRS 237.138 to
				237.142 for the certification of retired peace officers to carry a concealed
				deadly weapon pursuant to  18 U.S.C. 926C. This administrative regulation
				establishes the reasons an application form shall be deemed incomplete and the
				required procedures for the department.
Section
			 1. An application form shall not be considered complete if:
(1) It does not meet the requirements of  502 KAR 13:010;
(2) It contains
			 erroneous information; or
(3) An
			 item of the application form is illegible or incomprehensible.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 14 - Automated Fingerprint Identification System › Section 502 KAR 14:010 - Provision and maintenance of automated fingerprint identification system equipment and programs in detention centers. Submission of fingerprints by jailers to the Kentucky State Police

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.180, 441.046
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.180 authorizes the
				Department of Kentucky State Police to promulgate administrative regulations
				concerning the automated fingerprint identification system equipment and
				programs to be required at every detention center in the Commonwealth. KRS 441.046 the department to promulgate administrative regulations establishing
				fingerprint submission requirements for jailers. This administrative regulation
				establishes requirements for the use of LiveScan fingerprint capture devices
				and for fingerprint submissions to the department.
Section 1. Definitions.
(1) "AFIS" means the Automated Fingerprint
			 Identification System which is a computer-based array of systems maintained by
			 the Kentucky State Police that is designed to capture, search, and store
			 fingerprint images and arrest data.
(2) "Fingerprints" mean graphical
			 representations of the friction ridge skin found on the fingers between the
			 first joint and the fingertip.
(3)
			 "Fingerprint card" means the ink and paper criminal fingerprint records on
			 standard FBI fingerprint cards (FBI form FD-249) or the KSP-22 fingerprint
			 card.
(4) "LiveScan fingerprint
			 capture devices" means computer-based devices designed for the electronic
			 capture and transmission of criminal arrest data and fingerprints of subjects
			 taken into custody for criminal offenses.
(5) "Mug shot" means a photograph of an
			 individual taken as part of the arrest and booking process.
(6) "Rolled fingerprints" means all friction
			 ridge skin captured from the first joint of the finger to the end of each digit
			 from fingernail to fingernail for all ten (10) fingers of the subject,
			 containing as much of the geographical surface area of the area described above
			 by rolling the finger from fingernail to fingernail.
(7) "Palm print" means the friction ridge
			 skin found from the base of the fingers to the wrist, including the edge of the
			 palm.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 15 - General Traffic › Section 502 KAR 15:010 - Traffic collision reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.635
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.160 authorizes the secretary of the
				Justice and Public Safety Cabinet to promulgate administrative regulations for
				the administration of all laws and functions which are vested in the cabinet,
				except laws and functions vested in the Department of Public Advocacy.
				KRS
				189.635 requires the Department of Kentucky
				State Police to establish a reporting system for vehicle collisions, including
				uniform reporting procedures, collision report dissemination, and fee schedule.
				This administrative regulation establishes the reporting system, dissemination
				procedures, and fee schedule.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by KRS
			 16.010(2).
(2) "Department" is defined by
			 KRS
			 16.010(8).
(3) "Person" is defined by
			 KRS
			 446.010(33).
(4) "Traffic collision report" means the
			 report for a traffic collision or vehicle accident within the Commonwealth that
			 is required in KRS
			 186.635.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 15 - General Traffic › Section 502 KAR 15:020 - Abandoned vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 189.450, 189.751, 189.752, 189.753,
				376.275
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.753(3) requires
				the Department of Kentucky State Police to promulgate administrative
				regulations to carry out the provisions of KRS 189.753, relating to abandoned
				vehicles. This administrative regulation establishes the procedures for
				location, removal, notification of owners and sale of abandoned
				vehicles.
Section 1. Definitions.
(1) "Department" is defined by KRS 16.010(8).
(2) "Presumed abandoned"
			 means a vehicle that has been left upon the right-of-way of a state highway,
			 county road, or city street for a period of three (3) consecutive
			 days.
(3) "Rights-of-way" means, in
			 addition to the actual width of a state highway and the area between any
			 separated highway, those areas lying outside the shoulders and ditch lines and
			 within any landmarks, such as fences, fence posts, cornerstones, or other
			 similar monuments indicating the boundary line.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 20 - Polygraph › Section 502 KAR 20:020 - Detection of deception examiners

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 329.010 -329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(6)
				require the Secretary of the Justice and Public Safety Cabinet to promulgate
				administrative regulations establishing professional standards for detection of
				deception examiners. This administrative regulation establishes the practice
				requirements for detection of deception examiners.
Section 1. Definitions.
(1) "Detection of deception examiner" is
			 defined by KRS 329.010(1).
(2)
			 "Secretary" is defined by KRS 329.010(5).
(3) "Sex crime" means an offense or attempt
			 to commit an offense defined in:
(a) KRS
			 Chapter 510;
(b)
										KRS 530.020;
(c)
										KRS 530.064(1)(a);
(d)
										KRS 531.310;
			 or
(e)
										KRS 531.320.