Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:345 - Visual aid glasses seller annual registration requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.680,
				367.686,
				367.688,
				367.689,
				367.690
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 study the operation of all laws, rules, administrative
				regulations, orders, and state policies affecting consumers and to recommend
				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 visual aid glasses.
				KRS
				367.688 requires the Attorney General to
				charge a fee for investigation and registration of nonresident dispensers of
				visual aid glasses. This administrative regulation establishes requirements for
				annual registration required by
				KRS
				367.686 for a person located outside of
				Kentucky who ships, mails, delivers, sells, or dispenses visual aid glasses to
				a patient at a Kentucky address.
Section
			 1. Visual Aid Glasses Seller Registration Form. A registrant shall
			 register annually by submitting a complete Visual Aid Glasses Seller
			 Registration, Form G-1, containing all information and the registration fee
			 required by this administrative regulation. The Visual Aid Glasses Seller
			 Annual Registration, Form G-1, shall contain the following:
(1) The legal name of the
			 registrant;
(2) Other names under
			 which the registrant conducts business;
(3) The registrant's contact person including
			 name, title, business address, phone number, and fax number. The contact
			 person's email address may also be provided;
(4) The registrant's principal physical
			 business location, which shall not be a post office box;
(5) The registrant's mailing
			 address;
(6) The location where the
			 registrant keeps or maintains records of its Kentucky customers;
(7) The toll-free phone numbers for questions
			 from customers, optometrists, osteopaths and physicians;
(8) The registrant's fax number;
(9) The registrant's website;
(10) Whether the registrant has been the
			 subject of civil or criminal action by an agency in any state that regulates
			 the sale or dispensing of visual aid glasses, and, if yes, an
			 explanation;
(11) A list of each
			 state in which the registrant is registered or licensed to sell or dispense
			 visual aid glasses;
(12) An annual
			 registration fee of $500 enclosed with each registration in the form of a check
			 made payable to "Kentucky State Treasurer"; and
(13) The signature of the registrant or a
			 person authorized to sign on behalf of the registrant, the printed name and
			 title of the person signing the registration form, and the date of the
			 signature. The signature shall constitute a certification that the statements
			 contained in the registration form are true and correct to the best of the
			 knowledge and belief of the person signing the registration form.