reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:130 - Monetary contributions made in a format other than cash, and refunds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) authorizes the
				Registry to promulgate administrative regulations necessary to carry out the
				provisions of KRS Chapter 121. This administrative regulation establishes
				requirements for monetary contributions made in a format other than by cash,
				and refunds of contributions.
Section
			 1.
(1) If a candidate, slate of
			 candidates, committee, or anyone on their behalf receives a contribution
			 prohibited by the provisions of
			 KRS
			 121.150, the candidate, slate of candidates,
			 or committee shall have thirty (30) days from the date the contribution is
			 deposited in the campaign account to refund the contribution.
(2) A refund made in compliance with
			 subsection (1) of this section shall constitute compliance with the provisions
			 of
			 KRS
			 121.150.
(3) All contributions not otherwise refunded
			 in accordance with subsection (1) of this section shall be considered accepted
			 by the candidate, slate of candidates, or committee, as
			 applicable.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:170 - In-kind contributions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.015(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) grants the
				Registry the power to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 121.
				KRS 121.015(6)(b), (c),
				and (d) include the payment for or provision
				of certain goods and services to a candidate, slate of candidates, committee,
				or contributing organization within the definition of "contribution". These
				payments are known as "in-kind" contributions. This administrative regulation
				identifies the circumstances under which a contribution falls within the
				in-kind category.
Section 1.
			 Definition.
(1) "In-kind contribution" means
			 those contributions established in
			 KRS 121.015(6)(b) and
			 (c).
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:190 - Committee affiliation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.150(7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.150(7) provides that
				permanent committees affiliated by bylaws, structure, or registration, as
				determined by the registry, shall be considered one (1) committee for purposes
				of the contribution limitations contained in
				KRS
				121.150. It is necessary to promulgate this
				administrative regulation to establish guidelines to be followed by the
				registry in making the affiliation determination.
Section 1.
(1) For purposes of applying the contribution
			 limits contained in
			 KRS
			 121.150, permanent committees shall be
			 considered affiliated committees if they are established, financed, maintained,
			 or controlled by or in common control with:
(a) A single corporation or its
			 subsidiaries;
(b) A single national
			 or international union or its state and local unions or subordinate
			 organizations; and
(c) A membership
			 organization, other than a political party committee, including a trade or
			 professional association or group.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:200 - Allowable campaign expenditures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.175, as amended by the General Assembly
				in extraordinary session in 1993, requires the Registry of Election Finance to
				promulgate administrative regulations to specifically define those expenditures
				that may lawfully be made from a candidate's campaign account. It is therefore
				necessary to promulgate this administrative regulation so that the agency may
				fulfill its statutory mandate.
Section
			 1. Allowable Expenditures. In addition to the general categories
			 of allowable campaign expenditures provided by law, the following expenditures
			 shall be considered allowable:
(1)
			 Expenditures made or items donated to charitable and civic organizations such
			 as clubs, neighborhood organizations, schools, and churches, provided that the
			 expenditure furthers a candidacy through advertising;
(2) Expenditures for items of personal
			 property bearing the name or likeness of the candidate in a conspicuous manner
			 for distribution by a candidate which are distributed for the purpose of
			 advertising that individual's candidacy. These items include, but are not
			 limited to, hats, shirts, calendars, magnets, holiday greeting cards, and
			 similar items. The purchase of tickets for general distribution for the purpose
			 of influencing and election, either directly or indirectly, shall not be
			 allowed under the subsection;
(3)
			 Reasonable expenditures for services such as distribution of campaign
			 literature, staff services, and similar services which are primarily and
			 directly related to the individual's candidacy;
(4) Expenditures for the purchase of
			 transportation services, including but not limited to the transportation of
			 voters to the polls, provided that the expenditures are reasonable in light of
			 the number of persons transported, mileage driven, and time spent. All
			 transportation expenditures shall be primarily and directly related to the
			 candidacy of the individual on whose behalf the expenditures are
			 made;
(5) Expenditures for tickets
			 to political and other events to be attended by the candidate, his spouse, or a
			 campaign staff representative, and from which the candidate derives a direct
			 benefit to his candidacy. The burden shall be on the candidate to prove to the
			 registry that representation at the event provided a direct benefit to his
			 candidacy;
(6) The purchase of
			 American, state, or other flags which are donated to schools, civic, or
			 charitable organizations;
(7) The
			 purchase or rental of items such as cellular telephones, copiers, computers,
			 automobiles, facsimile machines, and similar items. Only that use attributable
			 to the campaign may be paid for with campaign funds and the burden shall be on
			 the candidate to prove that an expenditure is allowable under this
			 subsection.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:210 - Judicial hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.140(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.140(4) provides for a
				hearing before one (1) retired or former justice or judge in cases in which the
				Registry of Election Finance and a respondent fail to reach a conciliation
				agreement. This administrative regulation establishes procedural guidelines to
				be followed in the initiation of those hearings and selection of a justice or
				judge.
Section 1. Administrative
			 Pleadings.
(1) If the registry and the
			 respondent fail to reach a conciliation agreement, and a request for retired or
			 former justices or judges has been submitted as required by
			 KRS
			 121.140(4), the general
			 counsel shall prepare an administrative complaint which shall include the
			 following:
(a) A statement of the allegations
			 contained in the original complaint;
(b) The registry's:
1. Findings of fact and conclusions of law in
			 support of a finding of probable cause; or
2. Notice of noncompliance with reporting
			 requirements pursuant to 32 KAR 2:040(10);
(c) A statement that attempts to negotiate a
			 conciliation agreement have been unsuccessful; and
(d) A statement that conciliation
			 negotiations have been extended for the maximum period allowed by 32 KAR
			 2:050(3).
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:230 - Processing of records requests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884, 121.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out the provisions of KRS Chapter 121. KRS 61.876 requires each public agency to adopt rules and regulations in conformity
				with Kentucky open records law in KRS 61.870 to 61.884. This administrative
				regulation establishes the process by which the public may access the public
				records held by the Kentucky Registry of Election Finance that are not
				available through the agency's Web site.
Section
			 1. Records Requests.
(1) The
			 principal office for the registry is 140 Walnut St., Frankfort, Kentucky 40601.
			 Regular office hours are from 8 a.m. to 4:30 p.m., Monday through Friday,
			 prevailing time in Frankfort, Kentucky.
(2) The title of the official custodian of
			 records of the registry is the Records Custodian, whose address is the address
			 of the agency's principal office and whose email address is
			 KREFRequests@ky.gov.
(3) Requested
			 records shall be sent via electronic means to the extent possible and that the
			 requestor provides an email address through which to receive them.
(4) Fees, to the extent authorized by KRS 61.874, shall be charged for physical copies of requested materials, with a
			 charge of ten (10) cents a page for each photocopy and reasonable costs for
			 materials provided in any other format, such as on storage media. The requestor
			 shall view the records on the registry's searchable public database to the
			 extent these are available.
(5)
			 Procedure for requesting records.
(a) Requests
			 to inspect records shall be made to the Records Custodian by U.S. postal mail
			 or by email address as provided in subsection (2) of this Section.
(b) Requests to inspect public records shall
			 be made in writing, describing in reasonably sufficient detail the records to
			 be inspected, including party and case number, if applicable and known. The
			 registry shall accept any standardized open records request form provided by
			 the Office of the Attorney General.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 1 - Attorney General › Section 40 KAR 1:010 - Conditions for furnishing opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.020 requires the Attorney General to
				furnish written opinions and
				KRS
				15.025 sets out the conditions for furnishing
				opinions. This administrative regulation is to assure uniformity, clarity and
				completeness in the request for the opinion so that the Attorney General may
				perform this function with all the necessary information available at the time
				the opinion is rendered.
Section 1. An
			 official opinion of the Attorney General is one rendered in writing pursuant to
			 the provisions of Chapter 15 and related sections of the Kentucky Revised
			 Statutes, or an administrative regulation promulgated pursuant thereto. Said
			 opinions will be kept on file in the office of the Attorney General in
			 accordance with the provisions of
			 KRS
			 15.070(2), and will be
			 subject to public inspection, publication and dissemination.
Section 2. In order that this office might
			 more expeditiously and correctly advise the various departments, boards,
			 commissions, agencies and local officials of the Commonwealth, who from time to
			 time submit questions for its consideration, all requests for opinions in the
			 future will be in writing and will include a full and complete statement of the
			 facts giving rise to the question, and reference to the relevant provisions of
			 the Kentucky Revised Statutes where known.
Section 3. Questions submitted by
			 departments, boards, agencies and commissions of the Commonwealth, having house
			 or contract counsel, will also submit references to the appropriate
			 constitutional and statutory provisions, cases and departmental administrative
			 regulations.
Section 4.
			 Commonwealth, county and city attorneys and city prosecutors will also cite the
			 appropriate constitutional and statutory provisions, case law and departmental
			 administrative regulations.
STATUTORY AUTHORITY:
				  KRS
				  15.180
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 1 - Attorney General › Section 40 KAR 1:020 - Requests for opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.025
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.025 sets out the conditions under which
				the Attorney General may furnish opinions. This administrative regulation is to
				assure uniformity and clarity as to who may receive opinions and on what
				subjects, and further provides when the Attorney General will not render
				opinions.
Section 1. Official opinions
			 may be rendered pursuant to
			 KRS
			 15.025(4) to persons
			 concerning questions involving their eligibility for public office and their
			 election rights, duties and liabilities.
Section
			 2. Official opinions may be rendered to persons concerning
			 questions involving licenses and taxation.
Section 3. Official opinions may be rendered
			 to persons, including attorneys, concerning the official acts and conduct of
			 public officials, provided the legal question involves an actual, current
			 factual situation and is broad enough to be of interest to the general public,
			 the Bar, or other officials in similar positions.
Section 4. Official opinions will be rendered
			 under Sections 1, 2 and 3 of this administrative regulation only in response to
			 questions relating to current factual situations; they will not be rendered in
			 response to moot, hypothetical, or abstract questions, nor will they be
			 rendered in response to questions involving matters being litigated or
			 questions submitted in contemplation of litigation.
STATUTORY AUTHORITY:
				  KRS
				  15.180
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 1 - Attorney General › Section 40 KAR 1:030 - Open records and open meetings decisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.846,
				61.880
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.880 requires the Attorney General to issue
				legally binding decisions in disputes arising under the Open Records Law.
				KRS
				61.846 requires the Attorney General to issue
				legally binding decisions in disputes arising under the Open Meetings Law. This
				administrative regulation is necessary in order to set forth the procedures to
				be used by the parties involved in such adjudications.
Section 1. Form. The Attorney General shall
			 not consider a complaint that fails to conform to
			 KRS
			 61.846(2), requiring the
			 submission of a written complaint to the public agency and the public agency's
			 written response, if the agency provided a response, and
			 KRS
			 61.880(2), requiring the
			 submission of a written request to the public agency and the public agency's
			 written denial, if the agency provided a denial.
Section 2. Notice. Upon receiving a
			 complaint, the Attorney General's Office shall send notice to the public agency
			 that a complaint has been filed and a copy of the complaint. The agency may
			 provide the Attorney General with a written response to the issues raised in
			 the complaint. The agency shall send a copy of this response to the complaining
			 party taking the appeal. If the agency fails to provide such copy, the Attorney
			 General shall provide one upon request. The Attorney General shall consider any
			 response received before the decision is prepared; however, the Attorney
			 General shall not agree to withhold action on the complaint beyond the time
			 limit imposed by
			 KRS
			 61.846(2) and
			 61.880(2).
Section 3. Additional Documentation.
			 KRS
			 61.846(2) and
			 61.880(2)
			 authorizes the Attorney General to request additional documentation from the
			 agency against which a complaint is made. If documents thus obtained are copies
			 of documents claimed by the agency to be exempt from the Open Records Law, the
			 Attorney General shall not disclose them and shall destroy the copies at the
			 time the decision is rendered.
Section
			 4. Reconsideration. The Attorney General shall not reconsider a
			 decision rendered under the Open Records Law or the Open Meetings Law. Parties
			 dissatisfied with a decision may appeal the decision to circuit court as
			 provided in
			 KRS
			 61.880(5) and
			 61.848.
Section 5. Appeals. Each public agency
			 against which an appeal to circuit court is filed shall notify the Attorney
			 General of the appeal. The Attorney General shall not be made a party to an
			 open meetings or open records appeal.
Section
			 6. Moot Complaints. If the requested documents are made available
			 to the complaining party after a complaint is made, the Attorney General shall
			 decline to issue a decision in the matter.
STATUTORY AUTHORITY:
				  KRS
				  15.180
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 1 - Attorney General › Section 40 KAR 1:040 - Standardized Open Records Request Form

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.870,
				61.872,
				61.876(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.876(4) requires the
				Attorney General to promulgate by administrative regulation a standardized form
				that may be used to request to inspect public records under the Kentucky Open
				Records Act. This administrative regulation establishes the standardized open
				records request form.
Section 1.
			 Incorporation by Reference.
(1) "Request to
			 Inspect Public Records Form", OAG-1, June 2021, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 Office of Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky
			 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated
			 by reference is also available on the Attorney General's Web site at
https://ag.ky.gov/Documents/2021_Standardized_Open_Records_Request_Form_V3.pdf.40
			 KAR 1:040
.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:001 - Definitions for 40 KAR Chapter 2

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.461,
				367.463,
				367.465,
				367.467,
				367.469,
				367.46951-367.46999
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.180,
				367.469(2),
				and
				367.46983
				authorize the Attorney General to promulgate administrative regulations
				relating to consumer protection. This administrative regulation establishes the
				definitions for 40 KAR Chapter 2.
Section
			 1. Definitions.
(1) "Address"
			 means the permanent location at which legal documents are received by an
			 applicant or permittee.
(2)
			 "Applicant" means any natural person, corporation, company, partnership, or
			 other legal entity seeking:
(a) A permit to
			 use automated calling equipment in the Commonwealth of Kentucky;
(b) To enroll on the zero call list;
			 or
(c) To obtain the zero call list
			 in order to comply with
			 KRS
			 367.46955(15).
(3) "Consumer" is defined by
			 KRS
			 367.46951(5).
(4) "Designated agent" means an agent for
			 service of process of legal documents.
(5) "Division" is defined by
			 KRS
			 367.46951(9).
(6) "Merchant" is defined by
			 KRS
			 367.46951(7).
(7) "Name" means a combination of words used
			 by a person, corporation, company, partnership, or other legal entity within
			 the past sixty (60) months as a means of identification.
(8) "Permittee" means a holder of a duly
			 issued permit to use automated calling equipment in the Commonwealth of
			 Kentucky.
(9) "Telemarketer" is
			 defined by
			 KRS
			 367.46951(11).
(10) "Telemarketing company" is defined by
			 KRS
			 367.46951(13).
(11) "Zero call list" is defined by
			 KRS
			 367.46951(14).
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:010 - Recreational and retirement use land, disclosure costs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 367.472,
				367.480
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessitated by
				KRS
				367.480, which requires the Attorney General
				to promulgate rules and administrative regulations which will ensure an
				adequate disclosure to the purchaser of recreational and retirement use land
				the probable costs of any necessary maintenance or improvements of such land
				which may accrue in the future.
Section
			 1. Disclosures. Any subdivider of recreation and retirement use
			 land as defined by
			 KRS 367.472 shall
			 give a full and complete disclosure to the purchaser of a lot, parcel, unit or
			 other interest thereof of any probable costs of any necessary maintenance of
			 improvements of said land which may accrue in the future. Said disclosure must
			 be made both orally and in writing prior to the signing of a contract or
			 agreement to purchase. Said disclosure shall include but is not limited to:
(1) The probable costs for each of the
			 following:
(a) Maintenance of
			 improvements;
(b) The cost of taxes
			 for the property as of the date the contract or agreement to purchase is
			 signed, as well as any tax increases that will occur or which there is
			 reasonable cause to believe could occur within the next five (5)
			 years;
(c) The cost of any
			 assessments to the property at the time the contract or agreement to purchase
			 is signed, as well as a reasonable projection of increases in such assessments
			 which could occur within the next five (5) years;
(d) Cost of repairs and other
			 improvements;
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:040 - Issuance of permit to use automated calling equipment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.461,
				367.463,
				367.465,
				367.467,
				367.469
NECESSITY, FUNCTION, AND CONFORMITY: Sets forth the basis for
				issuance of permit to use automated calling equipment in the Commonwealth of
				Kentucky.
Section 1.
(1) An "Application Form for Permit to Use
			 Automated Dialing Equipment" shall be filed with the Office of the Attorney
			 General.
(2) The Office of the
			 Attorney General may verify the information contained in an
			 application.
(3) An application
			 that contains false or incomplete statements shall be denied.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:050 - Hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.461,
				367.463,
				367.465,
				367.467,
				367.469
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes the procedures for conducting a hearing by the Office of
				the Attorney General to revoke a permit to use automated dialing equipment in
				the Commonwealth of Kentucky.
Section
			 1. Hearings related to denials of applications or revocations of
			 permits shall be governed by the provisions of this administrative
			 regulation.
Section 2. Denial and
			 revocation actions shall be heard by:
(1) An
			 Assistant Attorney General; or
(2)
			 A hearing examiner employed by the Department of Law as a hearing
			 officer.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:070 - Procedure for registration of telemarketing companies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.46971,
				367.46973,
				367.46981
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				367.46983 authorizes the Attorney General to
				promulgate administrative regulations required to enforce
				KRS
				367.46951 to
				367.46999
				governing the sales of goods and services to Kentucky consumers by use of
				telephone solicitations. This administrative regulation establishes procedures
				for the registration of telemarketing companies governed by the provisions of
				KRS
				367.46951 to
				367.46999.
Section 1. Registration.
(1)
(a)
			 Registration, or a renewal of registration, for telephone solicitation pursuant
			 to
			 KRS
			 367.46971 shall be made on the "Commonwealth
			 of Kentucky Telemarketing Company Registration Statement". Each telemarketing
			 company shall register by:
1. Completing the
			 information required by the "Commonwealth of Kentucky Telemarketing Company
			 Registration Statement"; and
2.
			 Paying fees required by
			 KRS
			 367.46971.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:076 - Complaint procedure for telephone solicitations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 367.170,
				367.46955,
				367.46971,
				367.46973,
				367.46981,
				367.46995
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				367.46983 authorizes the Attorney General to
				promulgate administrative regulations required to enforce
				KRS
				367.46951 to
				367.46999
				governing the sales of goods and services to Kentucky consumers by use of
				telephone solicitations.
				KRS
				367.46951(2)(c) excludes
				from the definition of "telephone solicitation" a telephone call to a person
				who has a prior or existing business relationship with the telemarketer or
				merchant.
				KRS
				367.46955 establishes prohibited telephone
				solicitation acts or practices.
				KRS
				367.46995 requires that a claim or action
				alleging a violation of
				KRS
				367.46955 be in writing and verified by the
				claimant. This administrative regulation establishes the procedure for filing a
				complaint (prior to a claim or action) and lists the factors used to determine
				if a prior or existing business relationship exists.
Section 1. A complaint relating to a
			 violation of
			 KRS
			 367.46955 shall be filed with the division in
			 the following manner:
(1) An oral complaint
			 made either by telephone or in person giving a statement of facts;
(2) A written complaint giving a statement of
			 the facts;
(3) A written complaint
			 filed on "Telemarketing Complaint Form"; or
(4) A complaint filed electronically using
			 the Internet Telemarketing Complaint Form on the Kentucky Attorney General's
			 web site.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:100 - Notice of requested disclosure of percentage of gross revenue going to charitable organization

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.667(3),
				367.668
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				367.668 requires in pertinent part, upon
				request, the giving of the amount or percentage of funds which will be received
				by the charitable organization. This administrative regulation sets forth the
				procedure for that disclosure.
Section
			 1. Disclosure of information in response to a request by a person
			 being solicited regarding the amount or percentage of funds going to the
			 charitable organization or for a charitable or civic purpose shall be done in
			 the following manner:
(1) Timing:
(a) The requested information shall be given
			 immediately upon request.
(b) No
			 further effort to solicit shall be made until the information is
			 supplied.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:120 - Business opportunity forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.816,
				367.990(13)
NECESSITY, FUNCTION, AND CONFORMITY: To provide forms which
				allow for the review of a prospective seller's offering of business
				opportunities for conformity with the business opportunity act and for the
				registration of the seller as such is needed.
Section 1.
(1) A seller of business opportunities shall
			 register with the Attorney General pursuant to
			 KRS
			 367.805 if the seller's proposed activity
			 meets the definition of a business opportunity set out in
			 KRS
			 367.801.
(2) The Attorney General shall make the
			 business opportunity determination pursuant to subsection (1) of this section
			 consistent with the following information which shall be provided by the seller
			 in affidavit form:
(a) The name of the
			 business opportunity;
(b) The
			 complete address and telephone number of the principle office;
(c) The address and telephone number of the
			 principal office in Kentucky;
(d) A
			 list of trade names, assumed names and all trademarks by which the offeror or
			 the prospective consumer or investor will be doing business;
(e) A list of all officers and directors and
			 salesmen of the offeror along with their home addresses, home telephone numbers
			 and Social Security numbers;
(f) A
			 description of the product or service to be offered;
(g) A description of any sales commission or
			 other remuneration to be paid to anyone in connection with offers and sales of
			 the business opportunities, including a list of persons and positions to
			 receive commissions;
(h) A list of
			 states in which the business opportunities have been or are being offered for
			 sale;
(i) The proposed beginning
			 date and length of time for offering this business opportunity in
			 Kentucky;
(j) Information relating
			 to the definition of a business opportunity found in
			 KRS
			 367.801(5);
(k) A statement of whether the registrant or
			 any of its officers, directors, or sales representatives has been a defendant
			 or is currently a defendant in any litigation or declares bankruptcy within the
			 last seven (7) years.
(3)
(a) The
			 information required pursuant to subsection (2) of this section shall be
			 supplied by the seller on a "Determination of Registration for Sale of Business
			 Opportunity Form A-1" (July 1994 edition) which is incorporated by
			 reference.
(b) Copies of the
			 "Determination of Registration for Sale of Business Opportunity Form A-1" may
			 be inspected, copied, or obtained at the Office of Attorney General, Consumer
			 Protection Division, 1024 Capital Center Drive, Frankfort, Kentucky 40602,
			 between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:150 - Cremation forms and inspections

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				213.081,
				213.098,
				367.93103,
				367.93105,
				367.93115,
				367.93117,
				367.97501,
				367.97504,
				367.97507,
				367.97511,
				367.97514,
				367.97517,
				367.97521,
				367.97524,
				367.97527,
				391.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.180 authorizes the Attorney General to
				promulgate administrative regulations that will facilitate performing the
				duties and exercising the authority vested in the Attorney General and the
				Department of Law. KRS 367.150(4)
				requires the Department of Law to recommend administrative regulations in the
				consumers' interest. KRS 367.97501 and
				367.97504 require the Attorney
				General to promulgate an administrative regulation to establish an application
				for a crematory authority license and report forms.
				KRS
				367.97524 requires crematory authorities to
				obtain signed cremation authorization forms before conducting any cremations.
				KRS
				367.97534(5) authorizes the
				Attorney General to promulgate administrative regulations necessary to carry
				out the provisions of
				KRS
				367.97501 to
				367.97537, pertaining to
				crematory authorities. This administrative regulation prescribes the license
				application form, and other forms, to be used by crematory authorities. This
				administrative regulation establishes the records and information that shall be
				retained by crematory authorities and permits crematory inspections by the
				Attorney General.
Section 1. Crematory
			 Authority License Application Form.
(1) An
			 applicant for a crematory authority license shall complete and submit a
			 Crematory Authority License Application, Form CR-5, to the Office of Attorney
			 General before commencing business.
(2) An applicant for a crematory authority
			 license shall submit with each Crematory Authority License Application, Form
			 CR-5:
(a) Payment of the $100 registration
			 fee;
(b) The applicant's
			 certificate of existence, authorization certificate from the Kentucky Secretary
			 of State's office, or other evidence of the applicant's authority to transact
			 business in Kentucky; and
(c) A
			 completed Preneed Merchandise Sellers Application, CPN-6 Form, as incorporated
			 by reference in
			 40 KAR 2:155, if the applicant
			 intends to sell preneed burial contracts.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:155 - Cemetery and preneed forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.937(2),
				367.940(1),
				(3), (4),
				367.946(1),
				(4),
				367.954(8),
				367.958(1),
				(13)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				367.972(2) authorizes the
				Attorney General to promulgate administrative regulations to implement
				KRS 367.932 to
				367.974
				and
				367.991.
				This administrative regulation establishes the requirements for a cemetery
				company and preneed cemetery merchandise seller annual report form, identified
				in
				KRS
				367.946(4), a preneed burial
				contract license annual report form identified in
				KRS
				367.940(4), a cemetery
				preconstruction project application form identified in
				KRS
				367.958(1), a cemetery
				registration application form identified in
				KRS
				367.946(1), a cemetery
				company and sellers of cemetery merchandise monthly report form identified in
				KRS
				367.954(8) and
				367.958(13),
				a preneed merchandise sellers application form as identified in
				KRS
				367.940(1), a preneed burial
				contract sellers monthly report form as identified in
				KRS
				367.940(3), and an
				irrevocable funeral trust agreement form as identified in
				KRS
				367.937(2).
Section 1. Definitions.
(1) "Bank of underground crypts" is defined
			 by
			 KRS
			 367.932(15).
(2) "Columbarium" is defined by
			 KRS
			 367.932(10).
(3) "Last twelve (12) months" means January 1
			 through December 31 of the preceding calendar year.
(4) "Mausoleum" is defined by
			 KRS
			 367.932(9).
(5) "Principal stockholder" means one (1) who
			 owns ten (10) percent or more of the corporate stock in the applicant
			 corporation.
(6) "Underground
			 crypt" is defined by
			 KRS
			 367.932(14).
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:270 - Professional solicitor and fundraising consultant forms: registration statement, bond, and criminal record check

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.652
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				367.652(2) and (5) require a
				professional solicitor or fundraising consultant to file a registration
				statement with, and obtain the approval of, the Attorney General.
				KRS
				367.652(3) requires a
				professional solicitor to file, with the registration statement, a full cash or
				surety bond.
				KRS
				367.652(8) requires the
				Attorney General to perform background checks to determine if an applicant has
				been convicted of an offense involving moral turpitude, or arising from conduct
				as a solicitor or consultant for a charitable organization or purpose. This
				administrative regulation establishes the required forms, incorporating them by
				reference.
Section 1. Incorporation by
			 Reference.
(1) The following material is
			 incorporated by reference:
(a) "SR-1
			 Professional Solicitor Registration Statement (3/2001)";
(b) "FC-1 Fundraising Consultant Registration
			 Statement";
(c) "SB-1 Surety Bond
			 (3/2001)";
(d) "CB-1 Cash Bond
			 (3/2001)"; and
(e) "RCC-1 Request
			 for Conviction Record (3/2001)".
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:330 - Mold remediation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.83801,
				367.83803,
				367.83805,
				367.83807
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				367.83805(1) requires the
				Department of Law, after consultation with the Public Protection Cabinet and
				the Department for Public Health, to establish minimum standards for mold
				remediation companies that operate in the Commonwealth based on the five (5)
				general principles of mold remediation created by the Institute of Inspection,
				Cleaning and Restoration Certification (IICRC) in its publication, IICRC S520,
				Second Edition, Standard and Reference Guide for Professional Mold Remediation,
				or its successor publication.
				KRS
				367.83805(2) authorizes
				customer complaints regarding compliance by mold remediation companies with 40
				KAR Chapter 2 promulgated pursuant to
				KRS
				367.83805. This administrative regulation
				establishes the minimum standards for mold remediation companies that operate
				in the Commonwealth and incorporates by reference the forms to be utilized by
				mold remediation companies.
Section 1.
			 Definitions.
(1) "Customer" is defined by
			 KRS
			 367.83803(1).
(2) "Indoor environmental professional" means
			 a person qualified through training, education, and experience to assess mold
			 problems, conduct and review sampling plans and results, and evaluate and
			 develop plans to remediate mold in structures.
(3) "Mold" is defined by
			 KRS
			 367.83803(3).
(4) "Mold remediation" is defined by
			 KRS
			 367.83803(4).
(5) "Mold remediation company" is defined by
			 KRS
			 367.83803(5).
(6) "Normal fungal ecology" means an indoor
			 environment that may have settled spores, fungal fragments, or traces of actual
			 growth whose identity, location, and quantity are reflective of typical settled
			 spores, fungal fragments, or traces of actual growth for a similar indoor
			 environment.
(7) "Postremediation
			 evaluation" means the activity conducted by a mold remediation company to
			 determine that the mold remediation has been performed and the mold remediation
			 area, structure, and systems are free of mold contamination.
(8) "Postremediation verification" means
			 sampling and analysis conducted to determine that a remediated area has been
			 restored to a normal fungal ecology.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:340 - Contact lens seller annual registration and verification requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 367.680-367.690
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.180 authorizes the Attorney General to
				promulgate administrative regulations which will facilitate performing the
				duties and exercising the authority vested in the Attorney General and the
				Department of Law by law.
				KRS
				367.150(4) requires the
				Department of Law to study the operation of all laws, rules, administrative
				regulations, orders, and state policies affecting consumers and to promulgate
				administrative regulations in the consumers' interest.
				KRS
				367.689 authorizes the Attorney General to
				promulgate administrative regulations to carry out the provisions of
				KRS
				367.680 to
				367.690,
				pertaining to the sale of contact lenses.
				KRS
				367.688 requires the Attorney General to
				charge a fee for investigation and registration of nonresident dispensers of
				contact lenses. This administrative regulation establishes requirements for a
				mail order contact lens seller annual registration form required by
				KRS
				367.687.
Section
			 1. Definitions.
(1) "Applicant"
			 means a person located outside Kentucky desiring to ship, mail, deliver, or
			 sell contact lenses to a patient at a Kentucky address.
(2) "Date of authorization" means the date on
			 which a contact lens prescription is completed, as referenced in
			 KRS
			 367.685.
(3) "Dispensing facility" means the building
			 or structure from which contact lens orders are shipped.
(4) "Response-time options" means requests
			 for contact lens prescription verification in which the requestor expressly or
			 implicitly states that the failure of the prescribing optometrist, osteopath,
			 or physician to respond to the request within the time frame or in the manner
			 stated in the request constitutes a verification of the prescription.
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:350 - Debt adjusters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				380.010,
				380.030,
				380.040,
				380.050,
				380.060,
				380.070,
				380.080,
				380.090,
				380.100,
				380.110,
				380.120,
				380.130,
				380.990
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				380.050 requires the Attorney General to
				promulgate administrative regulations necessary to carry out the provisions of
				KRS Chapter 380, relating to debt adjusting.
				KRS
				380.040(5) requires a person
				to file a registration form developed by the Attorney General. This
				administrative regulation establishes the registration and renewal process and
				incorporates by reference the forms to be utilized by persons subject to
				registration.
Section 1. Definitions.
(1) "Debt Adjuster Bond" means the
			 "Commonwealth of Kentucky Debt Adjuster Surety Bond, Form DA-3", incorporated
			 by reference in this administrative regulation.
(2) "Debt Adjuster Irrevocable Letter of
			 Credit" means the "Commonwealth of Kentucky Debt Adjuster Irrevocable Letter of
			 Credit", Form DA-4, incorporated by reference in this administrative
			 regulation.
(3) "Division" means
			 the Office of the Attorney General, Consumer Protection Division.
(4) "Registrant" means a person filing the
			 registration form required by
			 KRS
			 380.040(5) and this
			 administrative regulation.
(5)
			 "Registration form" means the "Commonwealth of Kentucky Debt Adjuster
			 Registration Statement".
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 4 - Asset Forfeiture › Section 40 KAR 4:010 - Disbursement of asset forfeiture receipts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				218A.420(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				218A.420(4)(b) provides that
				a portion of the proceeds from the sale of property forfeited under KRS Chapter
				218A shall be paid to the Prosecutors Advisory Council for deposit on behalf of
				the Commonwealth's attorney or county attorney participating in the forfeiture.
				This administrative regulation establishes the procedure for payment of these
				moneys and the specific purposes for which these funds shall be
				expended.
Section 1. Definitions.
(1) "Asset forfeiture moneys" means the
			 portion of the proceeds from the sale of property forfeited under KRS Chapter
			 218A which is paid to the Prosecutor's Advisory Council and deposited on behalf
			 of the Commonwealth's attorney or county attorney whose office participated in
			 the forfeiture as provided under
			 KRS
			 218A.420(4)(b).
(2) "National Code of Professional Conduct
			 for Asset Forfeiture" means the National Code of Professional Conduct for Asset
			 Forfeiture attached as Appendix G to the United States Department of Justice's
			 Guide to Equitable Sharing of Federally Forfeited Property for State and Local
			 Law Enforcement (March 1994) (GPO Ref. No. 1994-301-175/14299).
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 5 - Administrative Hearings › Section 40 KAR 5:010 - Required training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.030(4)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessary to comply with
				KRS
				13B.030(4) which requires
				the division to establish by administrative regulations minimum standards
				concerning length of training, course content and instructor qualifications for
				initial training and continuing education of hearing officers. The function of
				this administrative regulation is to establish education requirements for
				hearing officers.
Section 1.
			 Definitions.
(1) "Classroom hour" means fifty
			 (50) minutes of actual classroom instruction.
(2) "Hearing officer" is defined by
			 KRS
			 13B.010(7).
Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 6 - Kentucky Victim and Witness Protection Program › Section 40 KAR 6:010 - Kentucky Victim and Witness Protection Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.247
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.247 requires the Attorney General to
				promulgate administrative regulations establishing requirements for a program
				for the protection of crime victims and witnesses and their immediate families.
				This administrative regulation establishes the Victim and Witness Protection
				Program.
Section 1. Definitions.
(1) "Council" means the Prosecutors Advisory
			 Council established by
			 KRS
			 15.705.
(2) "Law enforcement agency" means a lawfully
			 organized police unit or police force of county, city, or metropolitan
			 government, employing law enforcement officers as that term is defined in
			 KRS
			 15.310.
(3) "Program" means the Kentucky Victim and
			 Witness Protection Program.
(4)
			 "Prosecutor" means a:
(a) Commonwealth's
			 attorney or his or her authorized assistant; or
(b) County attorney or his or her authorized
			 assistant.
(5)
			 "Protective services" is defined by
			 KRS
			 15.247.
(6) "Victim or witness at risk of harm" means
			 a person who is:
(a)
1. A crime victim as defined in
			 KRS
			 421.500(1);
2. A crime witness expected to testify before
			 a grand jury, at a trial, or other judicial proceeding; or
3. A member of the immediate family of a
			 crime victim or crime witness;
(b) Cooperating with the law enforcement
			 agency providing the protective services and performing the investigation, and
			 the prosecutor of a criminal case;
(c) At substantial risk of imminent serious
			 physical injury; and
(d) Unable to
			 provide protective services to himself.