reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 4 - Fertilizer › Section 12 KAR 4:140 - Monetary penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 250.396(1),
				(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				250.421 requires the director to promulgate
				administrative regulations necessary to implement
				KRS
				250.361 through
				250.461.
				This administrative regulation establishes the specific method of calculating
				the monetary penalties required by the fertilizer law.
Section 1. Penalties for deficiencies in
			 Total Nitrogen (N), Available Phosphate
			 (P2O5), soluble potash
			 (K20), and index value shall be calculated based on the
			 table established in this section.
Number of Investigational Allowances Below
							 Guarantee
Penalty Schedule
<2
Equal to the monetary value of the deficiency
>2 <3
Two (2) times the monetary value of the
							 deficiency
>3
Three (3) times the monetary value of the
							 deficiency
Section
			 2. Minimum standards and overages of primary nutrients may reduce
			 penalties calculated in Section 1 of this administrative regulation for
			 fertilizer with index values equal to or greater than ninety-seven (97) percent
			 on the basis of the table established in this section.
Number of Investiga-tional Allowances Below
							 Guarantee
Penalty Adjustments
No more than one (1) deficiency that is less than or
							 equal to two (2) investigational allowances
Penalty adjusted to zero
No more than one (1) deficiency that is greater than
							 two (2) but less than three (3) investigational allowances
Value of overages may adjust up to 100% of the value
							 of the deficiencies
Two (2) deficiencies that are less than three (3)
							 investiga-tional allowances; or, no more than one (1) deficiency that is equal
							 to or greater than three (3) but less than four (4) investi-gational
							 allowances
Value of overages may adjust up to 75% of the value
							 of the deficiencies
Section
			 3. If a fertilizer is subject to a penalty from both a primary
			 nutrient deficiency and an index value deficiency, only the larger penalty
			 shall apply and the penalty shall not exceed the total value of the
			 fertilizer.
Section 4. Penalties
			 for deficiencies in secondary and minor elements and for excess chlorine in
			 tobacco fertilizer shall be calculated as established in this section.
(1) Deficiencies.
Number of Investigational Allowances Below
							 Guarantee
Penalty Schedule
<2
Equal to the monetary value of the deficiency
>2
Two (2) times the monetary value of the
							 deficiency
(2)
			 Excess chlorine in tobacco fertilizers. The investigational allowance for
			 maximum chlorine shall be five-tenths (0.5) percent.
Number of Investi-gational Allowances Above Maximum
							 Chlorine Guarantee
Penalty Schedule
<2
Equal to the difference in the soluble potash (for
							 tobacco) unit value and the nontobacco soluble potash unit value
>2
Two (2) times the difference in the soluble potash
							 (for tobacco) unit value and the nontobacco soluble potash unit value
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 4 - Fertilizer › Section 12 KAR 4:170 - Maximum chlorine guarantees for tobacco fertilizers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				250.366(7),
				250.376,
				250.411(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				250.421 requires the director of the Kentucky
				Agricultural Experiment Station to enforce the provisions of
				KRS
				250.371 through
				250.451
				and to promulgate and enforce administrative regulations necessary to implement
				KRS
				250.371 through
				250.451.
				This administrative regulation establishes the specific format and conditions
				for maximum chlorine guarantee for tobacco fertilizers, which is necessary for
				production of quality tobacco.
Section
			 1.
(1) All fertilizers sold for
			 or represented for use on field crop tobacco, shall, in addition to the other
			 guarantees established by 12 KAR Chapter 4, state a maximum chlorine guarantee
			 not to exceed fifty (50) pounds chlorine per acre (equivalent to 100 pounds of
			 muriate of potash per acre) in the following format:
Chlorine (Cl), Maximum 50 lb./acre
(2) The maximum chlorine guarantee shall be
			 prominently and conspicuously displayed on the label as required by
			 KRS 250.376.
(3) The invoice, shipping ticket, or bag
			 label shall:
(a) State the rate of application
			 expressed as pounds or tons of the blended fertilizer per acre;
(b) State clearly that the fertilizer is for
			 use on tobacco; and
(c) Give
			 directions for use to include a maximum application rate so that no more than
			 fifty (50) pounds of chlorine shall be applied per acre.
(4) The provisions of this administrative
			 regulation shall not apply to fertilizers for use on plant
			 beds.
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:010 - Licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Agricultural Experiment Station to promulgate administrative
				regulations necessary for the efficient enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes a procedure to
				license a person or entity who is qualified as a milk handler, laboratory,
				sampler-weigher, tester, or transfer station.
Section 1.
(1) License to Handle Milk, Laboratory
			 License, and Transfer Station License. Upon receipt of an accurately completed
			 application with fee as required by
			 KRS 260.815, and if
			 the applicant is deemed to be qualified, pursuant to this administrative
			 regulation, and in compliance with
			 KRS
			 260.775 through
			 260.845,
			 the director shall issue a license to handle, laboratory license, or transfer
			 station license. Each license shall be displayed as established in paragraphs
			 (a) through (c) of this subsection.
(a) A
			 current license to handle milk shall be prominently displayed at each handling
			 location.
(b) A current laboratory
			 license shall be prominently displayed at each laboratory location.
(c) A current transfer station license shall
			 be prominently displayed at each transfer station location.
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:020 - Testing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Kentucky Agricultural Experiment Station to promulgate
				administrative regulations necessary for the effective enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes uniform standards
				and approved procedures and equipment for the analysis of milk components by
				licensed laboratories and testers.
Section
			 1. Laboratory Facilities and Environment.
(1) A licensed laboratory's facilities shall
			 meet the criteria established in Chapter 2.0310 of Standard Methods for the
			 Examination of Dairy Products, 17th Edition, 2004.
(2) A licensed laboratory shall have
			 established procedures for monitoring equipment performance and preventative
			 maintenance. Specialized instrumentation shall be operated by the
			 manufacturer's recommended procedures for operation and maintenance. Adequate
			 records to document equipment performance monitoring and maintenance shall be
			 kept. As applicable, equipment and supplies used by laboratories shall meet the
			 criteria established in Chapter 2.0311 of Standard Methods for the Examination
			 of Dairy Products, 17th Edition, 2004.
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:030 - Test samples

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Agricultural Experiment Station to promulgate administrative
				regulations necessary for the efficient enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes criteria and
				procedures for the physical handling and storage of milk samples that will be
				tested for payment purposes.
Section
			 1. Producers' milk samples to be tested for payment purposes shall
			 at all times be under the care of, and only be physically handled by, a
			 licensed sampler-weigher or a licensed tester.
(1) The license requirement for the physical
			 handling of milk samples to be tested for payment purposes excludes the
			 shipping of samples via a commercial carrier. In these cases, the samples shall
			 be packaged, the shipping container sealed, and unpacked by licensed
			 sampler-weighers or licensed testers; and
(2) Milk samples shall be physically handled,
			 stored, and shipped in a manner to maintain their integrity. The sample shall
			 be maintained in a temperature range of 0.5-4.40C
			 (33-400 F).
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:040 - Sampling and weighing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Agricultural Experiment Station to promulgate administrative
				regulations necessary for the efficient enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes procedures for milk
				sampler-weighers for accurately sampling and weighing milk in farm bulk
				tanks.
Section 1. Each bulk farm tank
			 shall be separately sampled and weighed. If a producer has multiple bulk farm
			 tanks, samples and weights shall be obtained for each tank and the information
			 recorded separately in the sampler-weigher's records.
Section 2. Sampler-weigher Equipment. A
			 sampler-weigher shall use the following equipment in his sampling and weighing
			 procedures:
(1) A sample case shall:
(a) Be rigidly constructed and insulated for
			 safe transportation of the samples;
(b) Have ample space to hold
			 samples;
(c) Maintain a refrigerant
			 that is needed to cool and maintain the samples at a temperature range of
			 0.5-4.40 C (33-400
			 F);
(d) Contain a rack or float to
			 keep the samples in an upright position and to keep the neck and the top of
			 each sample container above the surface of the cooling medium; and
(e) Maintain a refrigerant at the level of
			 the milk in the sample containers;
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:060 - Purchases from farm bulk tanks

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Kentucky Agricultural Experiment Station to promulgate
				administrative regulations necessary for the effective enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes criteria for
				recordkeeping and reporting practices to ensure that bulk farm milk is fairly
				and accurately marketed.
Section 1. A
			 licensed bulk milk handler or licensed transfer station shall review bulk milk
			 delivery tickets to ensure compliance with
			 KRS
			 260.775 through
			 260.845.
(1) A bulk-milk delivery ticket representing
			 a load of milk for a permitted Kentucky producer shall be examined to ensure
			 that a licensed sampler-weigher sampled and weighed the milk.
(2) A bulk-milk delivery ticket representing
			 a shipment of milk from a producer shall be examined for compliance with
			 12 KAR
			 5:040, Section 4(3).
(3) Discrepancies shall be reported to the
			 director.
Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:070 - Uniform standards for payment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Kentucky Agricultural Experiment Station to promulgate
				administrative regulations necessary for the effective enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes criteria for uniform
				standards of payment for producer milk.
Section
			 1. Number of Samples Required for Milk Component Testing for Pay
			 Purposes.
(1) Grade A milk producers shall be
			 paid based on calculations of component tests from a minimum of five (5) bulk
			 tank samples representative of and spaced throughout the monthly pay
			 period.
(2) Manufacturing grade
			 milk producers shall be paid based on calculations from a minimum of three (3)
			 bulk tank samples representative of and spaced throughout the fifteen (15) day
			 pay period.
(3) Payment
			 calculations for producers with multiple farm bulk tanks shall be made for each
			 tank separately or shall include a weighted-average computation. A daily
			 weighted average shall be based on a test from a sample representing each farm
			 bulk tank and a recorded weight for each farm bulk tank.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 1 - Nonpublic Colleges › Section 13 KAR 1:030 - Campus security, private institutions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.948-164.9489,
				164.993,
				227.200,
				227.230,
				34 C.F.R.
				668.46,
				20
				U.S.C. 1092(f)
NECESSITY, FUNCTION, AND CONFORMITY: The Michael Minger Act,
				KRS
				164.948 to
				164.9489,
				requires public postsecondary education institutions and those private
				postsecond-ary education institutions licensed by the Council on Postsecondary
				Education to report campus crimes to employees, students and the public and to
				report annually to the Council on Postsecondary Education.
				KRS
				164.9481(1)(a) requires the
				council to approve a form for the daily security log maintained by each
				institution.
				KRS
				164.9487(2) requires the
				council to specify uniform reporting formats for each institution's annual
				report to the council, in compliance with
				KRS
				164.9485.
				KRS
				164.9483(1) and (2), and
				227.220(3)(b),
				authorize the State Fire Marshal to enter in or upon the property of a
				postsecondary education institution licensed by the council. This
				administrative regulation establishes the responsibilities of private,
				independent postsecondary education institutions licensed by the Council on
				Postsecondary Education.
Section 1.
			 Definitions.
(1) "Annual report" means the
			 report submitted by an institution to the council that satisfies the
			 requirements of
			 KRS
			 164.9485.
(2) "Campus" is defined in
			 KRS
			 164.948(1).
(3) "Campus crime log" means the daily log
			 maintained by an institution and developed by the council consistent with the
			 provisions of
			 KRS
			 164.9481(1).
(4) "Campus security authority" is defined in
			 KRS
			 164.948(2).
(5) "Clery Act" means the Jeanne Clery
			 Disclosure of Campus Security Policy and Campus Crime Statistics Act,
			 20
			 USC 1092(f) and as
			 implemented in
			 34 CFR
			 668.46.
(6) "Council" means the Council on
			 Postsecondary Education as established by
			 KRS
			 164.011.
(7) "Crime" is defined in
			 KRS
			 164.948(3).
(8) "Fire scene" means the immediate area
			 necessary for a local fire department or the State Fire Marshal's Office to
			 investigate an actual fire.
(9)
			 "Immediately" is defined in
			 KRS
			 164.948(4).
(10) "Institution" means a postsecondary
			 education institution as defined in
			 KRS
			 164.948(5).
(11) "State Fire Marshal" means the officer
			 described in
			 KRS
			 227.220.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 1 - Nonpublic Colleges › Section 13 KAR 1:050 - Licensed out-of-state college's eligibility for Kentucky tuition grant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.020(37),
				164.785,
				164.945,
				164.946,
				164.947,
				164.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.785(7)(c) requires the
				Council on Postsecondary Education to promulgate an administrative regulation
				to implement the requirement that, beginning with the 2011-2012 academic year,
				programs or campuses of any out-of-state postsecondary education college that
				is licensed by the Council on Postsecondary Education to operate in Kentucky
				and whose institutional programs are not composed solely of sectarian
				instruction, but in which accreditation by the Southern Association of Colleges
				and Schools is not an option, be reviewed and approved by the Council on
				Postsecondary Education based on accreditation criteria that mirrors Southern
				Association of Colleges and Schools accreditation criteria in order to qualify
				as an eligible institution in which a student may enroll and receive a Kentucky
				tuition grant.
Section 1. Definitions.
(1) "Accredited" means the approval of an
			 accrediting agency.
(2)
			 "Accrediting agency" means a national or regional agency which evaluates
			 colleges and is recognized by the United States Department of Education, the
			 Council on Higher Education Accreditation, or the Council on Postsecondary
			 Education.
(3) "Agent" means any
			 person employed by a college to act as a solicitor, broker, or independent
			 contractor to procure students for the college by solicitation in any form made
			 at any place other than the main campus of the college.
(4) "College" is defined by
			 KRS
			 164.945(1).
(5) "Degree" is defined by
			 KRS
			 164.945(2).
(6) "Out-of-state college" means a college
			 that is chartered, organized, or has its principal location outside of
			 Kentucky.
(7) "President" means the
			 president of the Council on Postsecondary Education.
(8) "Regional accrediting association" is
			 defined by
			 KRS
			 164.740(18).
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:025 - College preparatory education

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.001,
				164.002,
				164.098
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.098(1) requires the
				Council on Postsecondary Education to promulgate an administrative regulation
				requiring public postsec-ondary educational institutions, beginning with the
				2003-2004 school year, to grant academic college credit toward graduation for
				students taking high school advanced placement courses and scoring at a certain
				level. This administrative regulation establishes the requirements for
				receiving college credit by students taking the high school advanced placement
				examination.
Section 1. Definitions.
(1) "Advanced placement" is defined by
			 KRS
			 164.002(1).
(2) "AP exam" or "College Board Advanced
			 Placement Examination" is defined by
			 KRS
			 164.002(3).
(3) "Council" means the Council on
			 Postsecondary Education as defined in
			 KRS
			 164.011.
(4) "Institution" means a public
			 postsecondary educational institution listed in
			 KRS
			 164.001(16).
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:060 - Degree program approval; equal opportunity goals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.001, 164.020.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.020(19) requires
				the Council on Postsecondary Education to promulgate administrative regulations
				establishing equal opportunity goals that institutions are required to meet in
				order to obtain approval of new academic programs. It further requires the
				council to promulgate administrative regulations establishing requirements for
				securing a temporary waiver, if an institution has made substantial progress
				toward meeting the goals. This administrative regulation establishes the
				process for goal setting, measurement of progress, and how to secure a
				temporary waiver.
Section 1.
			 Definitions.
(1) "Council" is defined by KRS 164.001(8).
(2) "Policy" means the
			 Kentucky Public Postsecondary Education Policy for Diversity, Equity, and
			 Inclusion.
(3) "Institution" means
			 a state-supported postsecondary education institution listed in KRS 164.001(17).
(4) "Institution
			 diversity plan" means a plan developed by an institution, in conjunction with
			 the Council on Postsecondary Education, which addresses the goals and
			 strategies outlined in the Diversity Policy and outlines an appropriate plan
			 for assessment.
(5) "Rubric" means
			 the Diversity, Equity, and Inclusion Plan Report Evaluation Rubric for a
			 Kentucky Community and Technical College or four (4) year institution, as
			 applicable.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:070 - Administrative hearing procedures for determination of residency status

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.020
NECESSITY, FUNCTION, AND CONFORMITY: The Administrative
				Hearings Act, codified in KRS Chapter 13B, sets forth due process hearing
				requirements for Kentucky agencies engaged in regulatory activities which
				adjudicate the legal rights, duties, privileges, or immunities of persons. The
				Council on Postsecondary Education is charged by statute with the
				responsibility for determining the residency status of students at public
				institutions for the purposes of admissions and tuition assessment.
				Implementation of that statute occurs through
				13
				KAR 2:045. This administrative regulation complies
				with the requirements of KRS Chapter 13B in establishing a due process
				administrative hearing process for appeals of administrative determinations of
				residency status.
Section 1.
			 Definitions. The following terms shall have the following meanings as used in
			 this section:
(1) "Administrative hearing"
			 means a formal adjudicatory proceeding as set forth in
			 KRS
			 13B.010(2).
(2) "Administrative action: means the formal
			 administrative adjudicatory proceeding before the agency from the filing of the
			 petition until the time for all administrative appeals has run regarding the
			 claims made in the petition.
(3)
			 "The agency" means the Council on Postsecondary Education.
(4) "Agency head" means the President of the
			 Council on Postsecondary Education in conformity with the definition in
			 KRS
			 13B.010(4).
(5) "Hearing officer" is defined in
			 KRS
			 13B.010(7).
(6) "Institution" shall mean one (1) of the
			 eight (8) public institutions of higher education or one (1) of the colleges
			 that is part of the University of Kentucky Community College System as set
			 forth in KRS Chapter 164 when used in conjunction with
			 13
			 KAR 2:045.
(7) "Notice" means the notice of hearing
			 required by
			 KRS
			 13B.050 as defined in this administrative
			 regulation.
(8) "Party" is defined
			 in
			 KRS
			 13B.010(3) and shall include
			 the use of institution, agency, person, or student when used in conjunction
			 with
			 13
			 KAR 2:045.
(9) "Petition for hearing" means any written
			 request for an administrative hearing before the agency, filed by a student,
			 which commences an appeal of a determination of residency status in accordance
			 with the procedures set forth in this administrative regulation.
(10) "Pleading" means the petition, the
			 answer, and any other responsive pleading ordered by a hearing officer or
			 authorized by law or administrative regulation.
(11) "Record" is defined in
			 KRS
			 13B.130.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:080 - State Autism Training Center

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.981-164.9819
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.981 to
				164.9819
				requires the creation of a State Autism Training Center and assigns overall
				responsibility for its operation to the Council on Postsecondary Education. The
				Council on Postsecondary Education shall award a contract to a public
				institution of higher education for the operation of the State Autism Training
				Center. This administrative regulation defines the parameters for the operation
				of the center and for access to services.
Section
			 1. Definitions.
(1)
			 "Autistic-related disabilities of communication and behavior" means disorders
			 of verbal and nonverbal communication and repetitive, stereotyped, and
			 restricted patterns of behavior.
(2) "Board" means the Citizens Advisory
			 Board.
(3) "Contract" means the
			 memorandum of agreement developed and entered into by the Council on
			 Postsecondary Education and a public higher education institution for the
			 purpose of operating the center.
(4) "Public institution" means a state
			 university.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:100 - Campus security, public institutions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.948-164.9489,
				164.993,
				227.200,
				227.230,
				34 C.F.R.
				668.46,
				20
				U.S.C. 1092(f)
NECESSITY, FUNCTION, AND CONFORMITY: The Michael Minger Act,
				KRS
				164.948 to
				164.9489,
				requires public postsecondary education institutions and those private
				postsecond-ary education institutions licensed by the Council on Postsecondary
				Education to report campus crimes to employees, students and the public and to
				report annually to the Council on Postsecondary Education.
				KRS
				164.9481(1)(a) requires the
				council to approve a form for the daily security log maintained by each
				institution.
				KRS
				164.9487(2) requires the
				council to specify uniform reporting formats for each institution's annual
				report to the council, in compliance with
				KRS
				164.9485.
				KRS
				164.9483(1) and (2), and
				227.220(3)(b),
				authorize the State Fire Marshal to enter in or upon the property of a
				postsecondary education institution licensed by the council. This
				administrative regulation establishes the responsibilities of public
				postsec-ondary education institutions.
Section
			 1. Definitions.
(1) "Annual
			 report" means the report submitted by an institution to the council that
			 satisfies the requirements of
			 KRS
			 164.9485.
(2) "Campus" is defined in
			 KRS
			 164.948(1).
(3) "Campus crime log" means the daily log
			 maintained by an institution and developed by the council consistent with the
			 provisions of
			 KRS
			 164.9481(1).
(4) "Campus security authority" is defined in
			 KRS
			 164.948(2).
(5) "Clery Act" means the Jeanne Clery
			 Disclosure of Campus Security Policy and Campus Crime Statistics Acts,
			 20
			 USC 1092(f) and as
			 implemented in
			 34 CFR
			 668.46.
(6) "Council" means the Council on
			 Postsecondary Education as established by
			 KRS
			 164.011.
(7) "Crime" is defined in
			 KRS
			 164.948(3).
(8) "Fire scene" means the immediate area
			 necessary for a local fire department or the State Fire Marshal's Office to
			 investigate an actual fire.
(9)
			 "Immediately" is defined in
			 KRS
			 164.948(4).
(10) "Institution" means a postsecondary
			 education institution as defined in
			 KRS
			 164.948(5).
(11) "State Fire Marshal" means the officer
			 described in
			 KRS
			 227.220.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:110 - Advanced practice doctoral degree programs at comprehensive universities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.001,
				164.020(15),
				164.295(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.295(4) and (5) require
				the Council on Postsecondary Education, in consultation with the Advisory
				Conference of Presidents pursuant to
				KRS
				164.021, to promulgate an administrative
				regulation to establish the criteria and conditions upon which an advanced
				practice doctoral degree program may be approved for a comprehensive
				university. This administrative regulation establishes the criteria and
				conditions for the approval of an advanced practice doctoral degree
				program.
Section 1. Definitions.
(1) "Advanced practice doctorate" means a
			 program of study beyond the master's degree designed to meet the workforce and
			 applied research needs of a profession.
(2) "Board" or "governing board" is defined
			 by KRS
			 164.001(4).
(3) "College" means an administrative unit
			 within a state university, which consists of related academic disciplines, that
			 offers academic programs but does not have the authority to grant a
			 degree.
(4) "Comprehensive
			 university" is defined by
			 KRS
			 164.001(7).
(5) "Council" is defined by
			 KRS
			 164.001(8).
(6) "Learning outcomes" is defined by
			 KRS
			 164.001(25).
(7) "Postsecondary education system" is
			 defined by KRS
			 164.001(17).
(8) "Public" is defined by
			 KRS
			 164.001(19).
(9) "Southern Association of Colleges and
			 Schools Commission on Colleges" means the regional body for the accreditation
			 of degree-granting higher education institutions in Alabama, Florida, Georgia,
			 Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee,
			 Texas, Virginia, Latin America, and other international sites.
(10) "Specialization" means a set of courses
			 designed to develop expertise within a major at the doctoral level.
(11) "Strategic agenda" is defined by
			 KRS
			 164.001(23).
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:130 - Comprehensive funding model for the allocation of state general fund appropriations to Kentucky Community and Technical College System institutions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 48.600-48.630,
				164.001,
				164.092
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.092(12) requires the
				Council on Postsecondary Education to promulgate an administrative regulation
				to implement a comprehensive funding model for the public postsecondary
				education system. This administrative regulation establishes the formula by
				which general fund appropriations shall be distributed in the Kentucky
				Community and Technical College System sector.
Section 1. Definitions.
(1) "Academic year" means the Summer, Fall,
			 and Spring terms.
(2) "Credentials"
			 means the total number of certificates, diplomas, and associate degrees awarded
			 during the academic year.
(3)
			 "Council" is defined by
			 KRS
			 164.092(1)(c).
(4) "Equity adjustment" means ten (10)
			 percent of total KCTCS institution allocable resources divided by sixteen (16)
			 and allocated to each institution using the Community Needs Index.
(5) "FAFSA form" means the free application
			 for federal student aid form completed by students to determine eligibility for
			 federal student financial aid.
(6)
			 "First-generation college students" means students who report on the FAFSA that
			 neither parent has earned a college degree or credential, or one (1) parent if
			 the other parent's education level is unknown.
(7) "Formula base amount" is defined by
			 KRS
			 164.092(1)(e) and includes a
			 deduction for mandated programs.
(8) "Full-time equivalent student enrollment"
			 means the total academic year credit hours taken divided by thirty
			 (30).
(9) "Hold-harmless provision"
			 is defined by KRS
			 164.092(1)(f).
(10) "Institution" means a college in the
			 Kentucky Community and Technical College System.
(11) "KCTCS" is defined by
			 KRS
			 164.092(1)(h).
(12) "KCTCS institution allocable resources"
			 is defined by KRS
			 164.092(1)(i).
(13) "Low-income student" means a student who
			 has received a Federal Pell Grant at any time since 2005-2006 at
			 KCTCS.
(14) "Mandated program"
			 means a research or public service activity not integral to the instructional
			 mission of the institution that is:
(a) Funded
			 with greater than $200,000 of state appropriations; and
(b) Directed by statute, resolution,
			 executive branch budget bill, executive order, or other legal
			 mandate.
(15)
			 "Non-traditional college students" is defined by
			 KRS
			 164.092(1)(k).
(16) "Stop-loss provision" is defined by
			 KRS
			 164.092(1)(n).
(17) "Underprepared students" means students
			 who tested into developmental English, math, or reading upon entering KCTCS
			 since the 2010-11 academic year.
(18) "Underrepresented students" means
			 first-generation college students.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:010 - GED®Testing Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.403
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.408 requires the
				Office of Adult Education (Kentucky Skills U Program) to promulgate necessary
				administrative regulations and administer a statewide adult education system.
				KRS 151B.403(2) requires that a high school equivalency diploma be issued upon
				passage of a qualifying test that is aligned with the College and Career
				Readiness Standards for adult education, or any other standards adopted by the
				federal Office of Career, Technology, and Adult Education and authorizes the
				Office of Adult Education (Kentucky Skills U) to establish fees for the
				issuance of a duplicate high school equivalency diploma and for issuance of a
				duplicate score report. This administrative regulation establishes the
				procedure for testing an adult for the GED® diploma.
Section 1. Definitions.
(1) "GED® Diploma" means the High School
			 Equivalency Diploma required by this administrative regulation.
(2) "Kentucky Skills U" means the adult
			 education program within the Office of Adult Education.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:020 - Provision of instruction for individuals sentenced by a court to participate in educational programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.408, 533.200, 533.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 533.210 requires the
				Office of Adult Education to promulgate administrative regulations relating to
				the conduct of the program described in KRS 533.200, including the costs of
				participation . KRS 151B.408 requires the office to promulgate necessary
				administrative regulations for administering adult education programs and
				services. This administrative regulation describes the method of providing
				services in accordance with KRS 533.200 and 533.210, the cost of individual
				participation in the program, and the qualifications of teachers providing
				instruction.
Section 1. Instructional
			 Program, Costs, Licensing. There shall not be any costs to students ordered by
			 the court to attend a Kentucky Skills U instructional program described in KRS 533.200. The program services shall be services presently provided students
			 enrolling in Kentucky Skills U programs. Qualifications of instructors shall be
			 determined by Kentucky Skills U . These minimum qualifications shall be:
(1) A Bachelor's degree, preferably in
			 education or a content-related field; and
(2) A score of NRS (National Reporting
			 System) Level 6 or higher on at least one (1) content area of the Test of Adult
			 Basic Education (TABE).
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:030 - Qualifications for progressing satisfactorily through a GED®preparation program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.408, 151B.403, 161.011
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.408 requires the
				Office of Adult Education to promulgate administrative regulations establishing
				requirements for adult education programs and services in Kentucky. KRS 161.011
				requires the Office of Adult Education to define progressing satisfactorily
				through a High School Equivalency Diploma Program for the purposes of minimum
				qualifications for local school district classified employment positions. This
				administrative regulation establishes requirements for "progressing
				satisfactorily through a High School Equivalency Diploma Program."
Section 1. Definitions.
(1) "GED® Diploma" means the High School
			 Equivalency Diploma required by this administrative regulation.
(2) "Kentucky Skills U" means the adult
			 education program within the Office of Adult Education.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:040 - GED®Incentives Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.402, 151B.408
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.402 requires the
				Office of Adult Education, in conjunction with the Education and Workforce
				Development Cabinet, to promulgate administrative regulations for an incentive
				program provided to full-time employees who complete a High School Equivalency
				Diploma within one (1) year, and their employers. This administrative
				regulation prescribes the policies, activities, and procedures required for
				participants in this incentive program.
Section
			 1. Definitions.
(1) "GED®
			 Diploma" means the High School Equivalency Diploma required by this
			 administrative regulation.
(2)
			 "Kentucky Skills U" means the adult education program within the Office of
			 Adult Education.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:050 - GED®eligibility requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				158.135(1)(a),
				158.143,
				158.6455,
				151B.403
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151B.403(1) requires the
				Office of Adult Education (Kentucky Adult Education) within the Education and
				Labor Cabinet to promulgate administrative regulations to establish programs
				that, upon successful completion, result in the award of a high school
				equivalency diploma. KRS 151B.403(2)
				requires that at least one (1) of these programs shall include a test aligned
				with the College and Career Readiness Standards for Adult Education, or any
				other standards adopted by the federal Office of Career, Technical, and Adult
				Education (OCTAE), which upon passing, shall entitle students to receive a high
				school equivalency diploma. This administrative regulation establishes the
				eligibility requirements for taking a High School Equivalency Diploma test as
				defined in this administrative regulation.
Section
			 1. Definitions.
(1) "GED"®
			 Diploma" means the High School Equivalency Diploma required by this
			 administrative regulation.
(2)
			 "Kentucky Adult Education" means the adult education program within the Office
			 of Adult Education.
(3) "State
			 agency children" or "state agency child" is defined by
			 KRS
			 158.135(1)(a).
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 3 - Adult Education and Literacy › Section 13 KAR 3:060 - High school equivalency diploma awarded for credit hour completion at Kentucky Community and Technical College System institutions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 151B.403, 151B.408
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.403 requires the
				Office of Adult Education (Kentucky Skills U Program) within the Education and
				Workforce Development Cabinet to promulgate administrative regulations to
				establish programs aligned with the College and Career Readiness Standards for
				Adult Education, or any other similar standards adopted by the federal Office
				of Career, Technical, and Adult Education, which upon successful completion,
				shall result in the issuance of a High School Equivalency Diploma. This
				administrative regulation establishes the criteria and conditions for the
				issuance of a high school equivalency diploma upon successful completion of
				credit hours at Kentucky Community and Technical College institutions in
				certain content areas.
Section 1.
			 Definitions.
(1) "Credit for prior learning"
			 means college credit:
(a) For the
			 college-level knowledge and skills gained from non-college instructional
			 programs or life experiences, including credit awarded pursuant to  13 KAR 2:025 and KRS 164.2951(2)(e), employment, military experience, civic activities, and
			 volunteer service; and
(b) That is
			 evaluated through nationally standardized exams in specific disciplines,
			 challenge exams for specific courses at individual institutions, evaluations of
			 non-college training programs, and individualized assessments.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 4 - Interstate Reciprocity Agreements › Section 13 KAR 4:010 - State authorization reciprocity agreement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.020(23),
				164.945,
				164.946,
				164.947,
				164.992,
				165A.320-165A.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.540(3) authorizes the
				Council on Postsecondary Education to promulgate an administrative regulation
				to enter into the State Authorization Reciprocity Agreement, which establishes
				uniform national standards for interstate offerings of postsecondary distance
				education and authorizes postsecondary educational institutions meeting those
				standards located in member states or territories to provide distance education
				to residents of other member states.
				KRS
				164.540(3) also authorizes
				the council to serve as the lead or portal agency on behalf of the
				Commonwealth's public and private postsecondary institutions seeking to offer
				distance education in member states. This administrative regulation establishes
				the mechanism by which Kentucky institutions may join the State Authorization
				Reciprocity Agreement and sets forth the process by which non-resident students
				can file complaints against Kentucky member institutions.
Section 1. Definitions.
(1) "Commission" means the Kentucky
			 Commission on Proprietary Education.
(2) "Council" means the Kentucky Council on
			 Postsecondary Education.
(3)
			 "Degree" means an award conferred at the associate level or higher by an
			 institution as official recognition for the successful completion of a program
			 of studies.
(4) "Institution" means
			 a Kentucky degree-granting postsecondary entity.
(5) "NC-SARA" means the National Council for
			 State Authorization Reciprocity Agreements.
(6) "President" means the President of the
			 Kentucky Council on Postsecondary Education.
(7) "State Authorization Reciprocity
			 Agreement," or "SARA," means the agreement among member states, districts, and
			 U.S. territories that establishes comparable national standards for interstate
			 offering of degrees through distance education and authorizes institutions
			 meeting those standards located in member states or territories to provide
			 distance education to residents of other member states.
Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 5 - Healthcare › Section 13 KAR 5:010 - Healthcare training scholarships

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.0401, 164.0402, 164.0403
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.0402 requires the
				Council on Postsecondary Education to promulgate administrative regulations to
				administer the Kentucky healthcare workforce investment fund. KRS 164.0403
				requires the Council to set forth the requirements for partnership proposals
				between healthcare providers and healthcare partners to provide healthcare
				training scholarships to Kentucky residents enrolled in eligible healthcare
				programs in Kentucky. This administrative regulation establishes the Kentucky
				Healthcare Training Scholarships, established in KRS 164.0402, designed to
				reduce the financial barriers of Kentucky residents seeking high-demand
				eligible healthcare credentials.
Section
			 1. Definitions.
(1) "Council" is
			 defined by KRS 164.001(8).
(2)
			 "Eligible healthcare credential" is defined by KRS 164.0401.
(3) "Eligible entity" means an entity that
			 offers a healthcare program.
(4)
			 "Fund" means the healthcare workforce investment fund as established by KRS 164.0402.
(5) "Healthcare partner"
			 is defined by KRS 164.0401(5).
(6)
			 "Healthcare program" is defined by KRS 164.0401(6).
(7) "Kentucky resident" is defined by KRS 164.020(8).
(8) "Match" means
			 general fund appropriation monies from the fund provided to the institution
			 subject to funds availability, based on at least a dollar-for-dollar
			 contribution from the healthcare partner pursuant to KRS 164.0402(3)(a).
(9) "Steering
			 committee" means the healthcare workforce investment steering committee
			 established by the Council for the purpose of advising on issues related to
			 healthcare training scholarships, including determining funding allocations,
			 defining partnership proposal criteria, and making awards. The steering
			 committee shall be comprised of a minimum of nine (9) members who have
			 experience in healthcare programs, healthcare workforce, state government, and
			 a minimum of one (1) member of the Council on Postsecondary Education. On
			 making selections to the committee, and to the extent possible, the Council
			 shall ensure equal representation of the experiences listed, and diversity in
			 geography, healthcare program discipline, and size of healthcare workforce
			 provider.