reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:020 - Standards for licensure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.310(5),
				165A.330,
				165A.340,
				165A.350,
				165A.360,
				165A.370(1),
				165A.390,
				165A.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations to
				administer the provisions of KRS Chapter 165A.
				KRS
				165A.360(2) requires the
				commission to establish application forms and fees.
				KRS
				165.360(7) authorizes the
				commission to promulgate administrative regulations requiring supporting
				documentation to accompany application. This administrative regulation
				establishes the application requirements and licensure standards.
Section 1. A school shall meet the
			 requirements and standards established in this section in order to be licensed.
(1) Financial requirements. The school shall
			 adhere to generally accepted accounting practices and present evidence of
			 financial stability, including the following:
(a) Financial statements required by
			 791 KAR 1:010;
(b) The name and contact information of the
			 bank or other financial institution used by the school as a
			 reference;
(c) Good standing with
			 the Kentucky Higher Education Assistance Authority related to programs
			 administered by that agency and from the U.S. Department of Education related
			 to programs administered by that department; and
(d) A school surety bond or other collateral,
			 in accordance with KRS 165A.360 and
			 791 KAR 1:150, and agent surety
			 bond or other collateral, in accordance with
			 KRS
			 165A.350 and
			 791 KAR 1:150.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:025 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.350(3),
				165A.360(1), (2),
				(9),
				165A.370(1),
				(2),
				165A.380,
				165A.475(3, (4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and (10),
				165A.400, and
				165A.450 authorize the
				commission to promulgate administrative regulations to administer and enforce
				the provisions of KRS Chapter 165A, including establishment of fees and other
				charges. This administrative regulation establishes the fees for the Kentucky
				Commission on Proprietary Education.
Section
			 1. Definitions.
(1) "Actual
			 cost" means the amount sufficient to reimburse the commission for all travel
			 and expenses incurred, including the expense of contract labor, consultant
			 fees, or other miscellaneous expenses necessitated by a site visit or
			 inspection.
(2) "Gross revenue"
			 means the total amount of tuition earned by a school less any tuition refunds
			 to the students during the immediate past school year, July 1 through June
			 30.
(3) "Transfer of ownership"
			 means any change or transfer in ownership whether or not the change results in
			 a change of control.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:027 - School record keeping requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.370(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.370(1)(h) and (i) set
				forth the types of records which shall be maintained by a proprietary school.
				KRS
				165A.340(6) and
				165A.400 authorize the
				commission to promulgate necessary administrative regulations to promote
				efficiency of operations relating to proprietary schools. This administrative
				regulation specifies the manner in which documents shall be maintained and
				submitted to the commission.
Section
			 1. Minimum Record Keeping Requirements. Each licensed proprietary
			 school shall maintain a separate file for each student, including, at a
			 minimum:
(1) Student application for
			 admission;
(2) Enrollment
			 agreement;
(3) Transcript or other
			 academic record;
(4) Student
			 account;
(5) Placement record;
			 and
(6) Attendance
			 record.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:030 - Procedures for hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 165A.350(4)(b), 165A.360(3)(b),
				165A.370(2)-(4), 165A.390, 165A.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the
				commission to promulgate administrative regulations for the administration of
				KRS Chapter 165A. This administrative regulation establishes hearing
				procedures.
Section 1. Definitions.
(1) "Charge" means a specific allegation
			 contained in a formal pleading, as established in Section 5(3) of this
			 administrative regulation, issued by the commission alleging a violation of a
			 specified provision of KRS Chapter 165A or the requirements established in 791
			 KAR Chapter 1.
(2) "Complaint"
			 means a written allegation of misconduct by an agent or school, or other
			 allegation of a violation of KRS Chapter 165A, the requirements established in
			 791 KAR Chapter 1, or another state or federal statute or administrative
			 regulation applicable to an agent or school.
(3) "Complaint committee" means the committee
			 appointed pursuant to
			 KRS
			 165A.340.
(4) "Formal pleading" means a formal
			 administrative statement authorized by the commission which sets forth charges
			 against a licensed school or agent and commences a formal disciplinary
			 proceeding, pursuant to KRS Chapter 13B, or requests a court to take
			 action.
(5) "Informal proceeding"
			 means a proceeding instituted during the disciplinary process with the intent
			 of reaching a disposition of a matter without further recourse to formal
			 disciplinary procedures under KRS Chapter 13B.
(6) "Investigator" means an individual
			 designated by the commission to assist the commission in the investigation of a
			 complaint or an investigator employed by the Attorney General for the
			 commission.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:035 - Student protection fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations to
				administer the provisions of KRS Chapter 165A.
				KRS
				165A.450 requires the commission to
				promulgate administrative regulations to ensure there is a renewable student
				protection fund, impose fees when the balance of the fund drops below the
				minimum, and establish other requirements related to the fund. This
				administrative regulation establishes standards for distribution of the
				funds.
Section 1. Definitions.
(1) "Commission" means the Kentucky
			 Commission on Proprietary Education.
(2) "Schools" means all schools, resident and
			 nonresident, licensed by the commission.
(3) "Sponsor" means the original source of
			 funds, whether student or entity, used to pay student charges for tuition,
			 books, and fees.
(4) "Student"
			 means a student currently enrolled and attending classes on a regular
			 basis.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:040 - Commercial driver license training school curriculum and refresher course

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330(1),
				165A.370,
				165A.460(1),
				49 C.F.R.
				382
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.460(1) requires that
				the Kentucky Commission on Proprietary Education establish a curriculum for
				commercial driver license training schools in consultation with the Kentucky
				State Police and the Kentucky Community and Technical College System. This
				administrative regulation establishes the curriculum regarding standards for
				commercial driver license training schools.
Section
			 1. A commercial driver license training school shall adhere to the
			 curriculum contained in the General Curriculum Standards for Kentucky Licensed
			 Commercial Driving Schools, incorporated by reference in
			 791 KAR 1:070, Section
			 6.
Section 2. A commercial driver
			 license training school may offer a refresher course, pursuant to
			 KRS
			 332.095(3), for persons with
			 a valid Class A commercial driver's license and shall maintain records of all
			 persons taking the refresher course. The commercial driver license training
			 school shall assess the person's qualifications and skill level to determine
			 the appropriate course of study as contained in the General Curriculum
			 Standards for Kentucky Licensed Commercial Driving Schools, incorporated by
			 reference in
			 791 KAR 1:070, Section
			 6.
Section 3. A commercial driver
			 license training school shall comply with drug testing of students in
			 accordance with the United States Department of Transportation, Federal Motor
			 Carrier Safety Administration Rule
			 49 C.F.R.
			 382.
STATUTORY AUTHORITY:
				  KRS
				  165A.340(6),
				  332.095(3)
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:050 - Application for license for commercial driver license training school

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330(1),
				165A.370,
				165A.450,
				165A.465,
				165A.470,
				165A.475,
				165A.480(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations to
				administer the provisions of KRS Chapter 165A.
				KRS
				165A.465,
				165A.475, and
				165A.510 require the commission
				to promulgate administrative regulations establishing standards and an
				application procedure for commercial driver license training schools. This
				administrative regulation establishes the application procedures for commercial
				driver license training schools.
Section
			 1. Application for Kentucky Resident Commercial Driver License
			 Training School.
(1) Prior to establishment
			 of a commercial driver license training school residing in Kentucky, the school
			 owner shall:
(a) Complete and submit to the
			 commission Form PE 30, Application for Resident Commercial Driver License
			 Training School, with supporting documentation as listed on the form;
(b) Pay the nonrefundable application fee of
			 $200 established in KRS
			 165A.475(2);
(c) Pay the nonrefundable license fee for a
			 commercial driver license training school residing in and doing business in
			 Kentucky of $500;
(d) Pay the
			 nonrefundable contribution to the Student Protection Fund of $500;
			 and
(e) Meet the requirements of
			 Section 4 of this administrative regulation.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:060 - Application for renewal of license for commercial driver license training school

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330(1),
				165A.370,
				165A.460-165A.515, 49 C.F.R.
				Part 383
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations to
				administer the provisions of KRS Chapter 165A.
				KRS
				165A.485 requires that the Kentucky
				Commission on Proprietary Education establish application forms for license
				renewal of commercial driver license training schools. This administrative
				regulation establishes the renewal procedures for commercial driver license
				training schools.
Section 1. Renewal
			 Application for Kentucky Commercial Driver License Training School.
(1) On or before forty-five (45) days prior
			 to the expiration date, a licensed Kentucky resident commercial driver license
			 training school shall:
(a) Complete and
			 submit to the commission Form PE 32, Renewal Application to Operate a Resident
			 Commercial Driver License Training School, with supporting documentation as
			 listed on the form;
(b) Pay the
			 nonrefundable renewal application fee of $200 established in
			 KRS
			 165A.475(2);
(c) Pay the nonrefundable renewal licensure
			 fee required by
			 791 KAR 1:050, Section 3;
			 and
(d) Meet the requirements of
			 Section 3 of this administrative regulation.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:070 - Commercial driver license training school instructor and agent application and renewal procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.310,
				165A.330(1),
				165A.350,
				165A.370,
				165A.380,
				165A.460,
				165A.465,
				165A.470,
				165A.475,
				165A.480,
				165A.485,
				332.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and (10),
				165A.400,
				165A.465, and
				165A.510 require the Kentucky
				Commission on Proprietary Education to promulgate administrative regulations
				for the administration of KRS Chapter 165A and to establish standards for
				instructors and agents of commercial driver licensing schools, including
				application and renewal procedures. This administrative regulation establishes
				the standards for instructors and agents, including application and renewal
				procedures regarding commercial driver license training schools.
Section 1. Definitions.
(1) "Classroom instructor" means a commercial
			 driver license school instructor whom the school owner has qualified to perform
			 classroom instruction only for the classroom sections of the General Curriculum
			 Standards for Kentucky Licensed Commercial Driving Schools.
(2) "Skills Instructor" means a commercial
			 driver's license school instructor who instructs the Range and Street sections
			 of the General Curriculum Standards for Kentucky Licensed Commercial Driving
			 Schools and has met the licensing requirements of Section 2 of this
			 administrative regulation.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:080 - Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330(1),
				165A.370,
				165A.390,
				165A.475,
				165A.500,
				165A.510,
				189.125
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.500 and
				165A.510 require the Kentucky
				Commission on Proprietary Education to establish the standards for maintenance
				of student records, schedule of fees charged to students and refund policy,
				contracts and agreements involving licensed commercial driver license training
				schools, advertising and solicitation of students by commercial driver license
				training schools. This administrative regulation establishes these standards
				for commercial driver license training schools.
Section 1. Maintenance of Student Records and
			 Student Roster.
(1)
(a) Each licensed commercial driver license
			 training school shall maintain a permanent record of instruction given to each
			 student to include the student instructional training progress report cards or
			 sheets, transcripts, student written examination results, and yard and street
			 student skills examination scores for so long as the commercial driver license
			 training school holds a license or conducts business.
(b) If the commercial driver license training
			 school discontinues operation, then the school shall comply with
			 KRS
			 165A.390(5) and
			 791 KAR 1:155.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:150 - Bond requirements for agents and schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.350(3)-(7), (10),
				165A.360(2)-(5), (10)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.340(6) and
				165A.400 authorize the
				commission to promulgate administrative regulations to administer the
				provisions of KRS
				165A.310-165A.390, including establishment of
				fees and other charges.
				KRS
				165A.350 requires all proprietary schools to
				maintain a surety bond for the agents and the schools.
				KRS
				165A.360(2) sets forth the
				range of bonding requirements for agents and schools and requires the
				commission to establish the bond amounts. This administrative regulation sets
				the surety bond requirements to be maintained on agents and schools.
Section 1. Surety Bond.
(1) A school shall:
(a) Complete a School Surety Bond, Form
			 PE-26; and
(b) Maintain a school
			 surety bond in the amount of at least $20,000.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:155 - School closing process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.870-61.884,
				61.878(1)-(5),
				165A.340(11), 165A.370, 165A.390(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.400 authorizes the commission to
				promulgate administrative regulations to administer the provisions of
				KRS
				165A.310 to
				165A.390. Pursuant to
				KRS
				165A.390(5), prior to
				discontinuance of operations, a school shall convey student records to the
				commission. The commission shall set forth which records are to be conveyed,
				the manner they are to be conveyed, where they shall be stored, and the length
				of time for storage. This administrative regulation sets forth the specific
				responsibilities of a licensed school if it discontinues operations in
				accordance with KRS
				165A.390(5).
Section 1. Definitions.
(1) "Academic records" means records
			 pertaining to academic matters, including enrollment agreements, contracts,
			 transcripts, syllabi, catalogs, course listings, and attendance
			 records.
(2) "Discontinuance of
			 operation" means ceasing to operate as a school in the ordinary course of
			 business, or in accordance with the minimum standards and requirements set
			 forth in KRS
			 165A.370, or in a manner that prevents a
			 student from completing the course or program as scheduled.
(3) "Financial aid records" means records
			 pertaining to financial aid matters including applications for financial aid,
			 award notices, disbursement amounts, refunds, student accounts, and loan
			 promissory notes.
(4) "Financial
			 records" means records pertaining to financial matters including ledger cards
			 to include charges, credits, disbursements, refunds, and financial
			 information.
Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:160 - Transfer of ownership, change of location, change of name, revision to existing programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.360(2), (7), (9),
				165A.370(1),
				(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.400 authorizes the commission to
				promulgate administrative regulations to administer the provisions of
				KRS
				165A.310 to
				165A.390. Pursuant to
				KRS
				165A.360(9), licenses issued
				by the commission are transferable.
				KRS
				165A.370(1)(b) and (j)
				provide the commission with the authority to ensure that schools have all the
				necessary equipment to operate. This administrative regulation governs the
				procedures that a school shall follow to transfer ownership, change the
				location, change the name of the school, or revise an existing program for
				twenty-five (25) percent or more, as established in
				791 KAR 1:010, Section
				10).
Section 1. Transfer of Ownership.
			 A school which transfers ownership shall:
(1)
			 File a completed, signed and dated Application to Transfer Ownership of a
			 School, (Form PE-21), incorporated by reference in
			 791 KAR 1:010, Section 12, for
			 commission approval within ten (10) days following the effective date of
			 transfer.
(2) Pay by check or money
			 order a transfer fee as set forth in
			 791 KAR 1:025, Section 5;
			 and
(3) Submit a copy of legal
			 evidence showing the transfer of ownership agreement and evidence of
			 purchase.
Kentucky Administrative Regulations › Title 802 - PUBLIC PROTECTION CABINET KENTUCKY CLAIMS COMMISSION › Chapter 1 - Tax Appeals › Section 802 KAR 1:010 - Tax appeal procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.027, Chapter 13B, 49.220, 49.230, 49.240,
				49.250, EO 2020-708
NECESSITY, FUNCTION, AND CONFORMITY: Executive Order 2020-708
				("Order") requires that the Kentucky Claims Commission be abolished and the
				Office of Claims and Appeals be immediately established within the Public
				Protection Cabinet, and to include the Board of Tax Appeals. The Order also
				sets forth the powers and duties of the Board of Tax Appeals, and authorizes
				the board to promulgate regulations necessary to immediately carry out the
				provisions and purposes of the Order and the board's statutory authority. KRS 49.020(5) authorizes the board to promulgate administrative regulations that
				are necessary to carry out the provisions and purposes of the board's statutory
				authority. KRS 49.220(1) authorizes the board, with exclusive jurisdiction, to
				hear and determine appeals from final rulings, orders, and determinations of
				any agency of state or county government affecting revenue and taxation. This
				administrative regulation establishes the procedures governing tax
				appeals.
Section 1. Definitions.
(1) "Board" means the Board of Tax Appeals.
(2) "Office" means the Office of
			 Claims and Appeals.
Kentucky Administrative Regulations › Title 802 - PUBLIC PROTECTION CABINET KENTUCKY CLAIMS COMMISSION › Chapter 2 - Negligence Claims › Section 802 KAR 2:010 - Negligence claims before the Kentucky Board of Claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.027, 49.020, 49.040, 49.090, 49.120, EO
				2020-708
NECESSITY, FUNCTION, AND CONFORMITY: Executive Order 2020-708
				("Order") requires that the Kentucky Claims Commission be abolished and that
				the Board of Claims, and the Office of Claims and Appeals be established. The
				Order also sets forth the powers and duties of the Board of Claims and the
				Office of Claims and Appeals and authorizes the board to promulgate emergency
				regulations necessary to carry out the provisions and purposes of the Order and
				the board's statutory authority. KRS 49.020(5) authorizes the board to
				promulgate administrative regulations that are necessary to carry out the
				provisions and purposes of the board's statutory authority. KRS 49.220(1)
				authorizes the board, with exclusive jurisdiction, to investigate, hear proof,
				and to compensate persons for damages sustained to either person or property as
				a proximate result of negligence on the part of the Commonwealth, any of its
				cabinets, departments, bureaus, or agencies, or any of its officers, agents, or
				employees while acting within the scope of their employment by the Commonwealth
				or any of its cabinets, departments, bureaus, or agencies. This administrative
				regulation establishes the procedures governing these claims.
Section 1. Definition.
(1) "Board" means the Board of
			 Claims.
(2) "Office" means the
			 Office of Claims and Appeals.
Kentucky Administrative Regulations › Title 802 - PUBLIC PROTECTION CABINET KENTUCKY CLAIMS COMMISSION › Chapter 3 - Crime Victims Claims › Section 802 KAR 3:010 - Crime victims compensation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.027, 49.260 - 49.490, 216B.015, 216B.400, EO
				2020-708
NECESSITY, FUNCTION, AND CONFORMITY: Executive Order 2020-708
				("Order") requires that the Kentucky Claims Commission be abolished and the
				Office of Claims and Appeals be established to include the Crime Victims
				Compensation Board. The Order also sets forth the powers and duties of the
				Crime Victims Compensation Board and authorizes the board to promulgate
				regulations necessary to immediately carry out the provisions and purposes of
				the Order and the board's statutory authority. KRS 49.300(1) authorizes the
				Crime Victims Compensation Board to promulgate administrative regulations that
				are necessary to carry out the provisions of KRS 49.270 through 49.490. This
				administrative regulation establishes procedures for crime victims to file
				claims for compensation.
Section 1.
			 Definition. "Board" means the Crime Victims Compensation Board.
Section 2. Filing Claims.
(1) A claim shall be:
(a) Legibly written, typed, or printed on the
			 Crime Victim Compensation Form;
(b)
			 Signed by the claimant and the counsel representing the claimant, if
			 any.
Kentucky Administrative Regulations › Title 802 - PUBLIC PROTECTION CABINET KENTUCKY CLAIMS COMMISSION › Chapter 3 - Crime Victims Claims › Section 802 KAR 3:020 - Payment schedule for sexual assault examinations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 49.020, 49.490, 216B.015, 216B.400,
				403.707
NECESSITY, FUNCTION, AND CONFORMITY: KRS 49.020(5) authorizes
				the commission to promulgate administrative regulations to carry out the
				provisions and purposes of the commission. KRS 49.490 and 216B.400(8) require
				the commission to administer the sexual assault victim assistance fund and pay
				the cost of a sexual assault examination. This administrative regulation
				establishes the reimbursement schedule for performing a sexual assault forensic
				medical examination.
Section 1. Sexual
			 Assault Examination Program.
(1) Reimbursement
			 for performing a sexual assault forensic-medical examination pursuant to  502 KAR 12:010 shall be for the actual amount billed and shall not exceed:
(a) $200 for a physician, sexual assault
			 nurse examiner, or other qualified medical professional performing the
			 examination;
(b) $250 for an
			 examination facility for use of an emergency or examination room;
(c) $100 for an examination facility or
			 laboratory that performed diagnostic laboratory testing; and
(d) $100 for an examination facility where
			 administered medications and pharmaceuticals were prescribed as a result of the
			 examination and as part of basic treatment.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:006 - Employer-employee relationship

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 337
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the commissioner to
				promulgate regulations. The function of this administrative regulation is to
				define what constitutes an employer-employee relationship.
Section 1. Definitions.
(1) "Employee" is defined by
			 KRS
			 337.010(1)(e) and
			 (2)(a).
(2) "Employer" is defined by
			 KRS
			 337.010(1)(d).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:026 - Equal pay provisions, meaning and application

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 337.420-337.433
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.425 authorizes the Commissioner of the
				Department of Workplace Standards to promulgate administrative regulations
				necessary or appropriate to carry out the provisions of
				KRS 337.420 to
				337.433. This
				administrative regulation establishes requirements relating to application of
				the equal pay provisions set forth in
				KRS 337.420 to
				337.433.
Section 1. Definitions.
(1) "Employer" is defined by
			 KRS
			 337.420(2).
(2) "Establishment" means a distinct physical
			 place of business_that is physically separate from other places of
			 business.
(3) "Wage rate" is
			 defined by
			 KRS
			 337.420(3).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:061 - Overtime pay requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				337.285,
				29 C.F.R.
				778.110,
				778.112,
				778.113,
				778.114,
				778.116,
				778.117
				-
				778.121,
				778.215,
				778.301,
				778.302(a),
				(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.285 requires overtime pay standards.
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations. This administrative regulation
				establishes standards of the Department of Workplace Standards, Kentucky Labor
				Cabinet, with respect to overtime pay requirements established in
				KRS
				337.285.
Section
			 1. Definitions.
(1)
			 "Profit-sharing plan" means any person or arrangement that provides for the
			 distribution by the employer to the employees of employees' respective shares
			 of profits.
(2) "Profit-sharing
			 trust" means any program or arrangement that provides for the irrevocable
			 deposit by the employer of the employee's distributive shares of profits with a
			 trustee for deferred distribution to the employees of employees' respective
			 shares.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:064 - Trading time

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 337.275,
				337.285,
				45 U.S.C.
				181
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations for special items usual in a particular
				employer-employee relationship. This administrative regulation establishes the
				criteria to be met by public employers who wish to allow employees engaged in
				fire protection activities and any employee of a carrier by air subject to the
				provisions of
				45 U.S.C.
				181 to use the practice of "trading
				time."
Section 1. Definition. "Trading
			 time" means the practice of employees engaged in fire protection activities and
			 employees of carrier by air subject to
			 45 U.S.C.
			 181 substituting for one another on regularly
			 scheduled tours of duty, or for some part thereof, in order to allow an
			 employee to be absent from work for personal matters.
Section 2. The practice of "trading time"
			 shall not affect hours of work if:
(1) The
			 trading of time is done voluntarily by the employees participating in the
			 program and not at the request of the employer;
(2) The reason for trading time is due to the
			 employee's desire or need to attend to personal matters and not to the
			 employer's business operations; and
(3) A record is maintained by the employer of
			 all time traded by employees.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:067 - Hours worked

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 337.275,
				337.285,
				29
				C.F.R. 785.11-
				785.21,
				785.23,
				785.27 -
				785.33,
				785.35,
				785.38,
				785.39,
				785.48
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations to carry out the provisions of
				KRS 337.275 through
				337.325,
				337.345
				and
				337.385
				through
				337.405.
				This administrative regulation establishes the principals involved in
				determining what constitutes working time pursuant to
				KRS 337.275 and
				337.285.
Section 1. Definition. "Employee" is defined
			 by
			 KRS
			 337.010(1)(e) and
			 (2)(a).
Section 2. Employees Suffered or Permitted to
			 Work. The criteria for "suffered or permitted to work" applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29
			 C.F.R. 785.11 through
			 785.13.
Section 3. Waiting Time. The criteria for
			 "waiting time" applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29
			 C.F.R. 785.14 through
			 785.17.
Section 4. Rest and Meal Periods. The
			 criteria for rest and meal periods applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29 C.F.R.
			 785.18 and
			 785.19.
Section 5. Sleeping Time and Certain Other
			 Activities. The requirements for sleeping time and certain other activities
			 applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29
			 C.F.R. 785.20,
			 785.21,
			 and
			 785.23.
Section 6. Lectures, Meetings, and Training
			 Programs. The requirements for lectures, meetings, and training programs
			 applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29
			 C.F.R. 785.27 through
			 785.32.
Section 7. Travel Time. The requirements for
			 travel time applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29
			 C.F.R. 785.33,
			 785.35,
			 785.38,
			 and
			 785.39.
Section 8. Recording Work Time.
(1) In accordance with
			 KRS
			 337.320, there is no particular method of
			 keeping a time record worked by an employee. Recordkeeping requirements shall
			 be as established in 803 KAR 1:068.
(2) Criteria for the use of time clocks
			 applicable to
			 KRS 337.275 and
			 337.285
			 shall be as established in
			 29 C.F.R.
			 785.48.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:068 - Recordkeeping requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 337.275,
				337.285
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.320 requires employers to keep records of
				hours of work and wages paid to employees subject to the provisions of KRS
				Chapter 337 for at least one (1) year after date of entry and authorizes the
				commissioner determine what information is required. This administrative
				regulation establishes recordkeeping requirements for employers subject to KRS
				Chapter 337.
Section 1. Definition.
			 "Workday" means any consecutive twenty-four (24) hours.
Section 2. Each employer shall keep the
			 records required by this administrative regulation safe and accessible at the
			 place or places of employment, or at one (1) or more established central
			 recordkeeping offices where the records shall be maintained. If the records are
			 maintained at a central recordkeeping office, other than in the place or places
			 of employment, the records shall be made available within seventy-two (72)
			 hours following notice from the commissioner or the commissioner's authorized
			 representative.
Section 3. Each
			 employer shall maintain and preserve payroll or other records containing the
			 following information and data for employees subject to KRS Chapter 337:
(1) Name in full, and on the same record, the
			 employee's identifying symbol or number if used in place of name on any time,
			 work, or payroll records;
(2)
			 Social Security number;
(3) Home
			 address, including zip code;
(4)
			 Date of birth, if under eighteen (18);
(5) Gender and occupation in which
			 employed;
(6) Time of day and day
			 of week on which the employee's workweek begins.
(a) Except as established in paragraph (b) of
			 this subsection, if the employee is part of a work force or employed in or by
			 an employer all of whose workers have a workweek beginning at the same time on
			 the same day, a single notation of the time of the day and beginning day of the
			 workweek for the whole work force shall suffice.
(b) If an employee or group of employees has
			 a workweek beginning and ending at a different time, a separate notation shall
			 be kept for that employee or group of employees;
(7) Hours worked each workday and each
			 workweek;
(8) Regular rate of pay
			 and total straight-time earnings or wages for all hours worked during the
			 workweek;
(9) Total overtime
			 compensation for the workweek;
(10)
			 Total additions to or deductions from wages paid each pay period. Each employer
			 making additions to or deductions from wages shall also maintain, in individual
			 employee accounts, a record of the dates, amounts, and nature of the items that
			 comprise the total addition and deductions; and
(11) Total wages paid each pay period and
			 date of payment.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:071 - Executive, administrative, supervisory, or professional employees; salesmen

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 337.275,
				337.285,
				29 C.F.R. 541
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.010(2)(a)2 requires
				exemption for any individual employed in a bona fide executive, administrative,
				supervisory, or professional capacity, or in the capacity of outside salesman
				or as an outside collector as the terms are defined by administrative
				regulations of the commissioner from both the minimum wage and overtime
				requirements established in
				KRS 337.275 and
				337.285.
				This administrative regulation establishes what constitutes an individual
				employed in a bona fide executive, administrative, supervisory, or professional
				capacity, or in the capacity of an outside salesman or outside
				collector.
Section 1. Scope.
(1) The exemptions established in
			 KRS
			 337.010(2)(a) shall not
			 apply to workers as established in
			 29 C.F.R.
			 541.3(a).
(2)
(a) The
			 exemptions established in
			 KRS
			 337.010(2)(a) shall not
			 apply to workers as established in
			 29 C.F.R.
			 541.3(b)(1).
(b) The exempted employees established in
			 paragraphs (a) this subsection shall not qualify as exempt employees for
			 reasons established in
			 29 C.F.R.
			 541.3(b)(2) through
			 541.3(b)(4).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:076 - Exclusions from minimum wage and overtime

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 199, 337.010, 337.275, 337.285,
				29
				U.S.C. 213,
				29 C.F.R.
				782.2
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.010 requires the exclusion certain types
				of employees from being subject to the minimum wage and overtime provisions of
				KRS 337.275, and
				KRS
				337.285 requires the exclusion of certain
				employees from its coverage. This administrative regulation establishes
				exclusions from minimum wage and overtime provisions.
Section 1. Definitions.
(1) "Excise taxes" means taxes levied on:
(a) The manufacture, sale, or consumption of
			 a commodity; and
(b) Licensure to
			 pursue certain occupations and corporate privileges.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:081 - Board, lodging, gratuities, and other allowances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				337.275,
				337.285,
				29 C.F.R.
				531.31 -
				531.58
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations permitting allowances as part of the wage
				rates applicable under the statutes for board, lodging, gratuities, and other
				facilities. This administrative regulation establishes what allowances may be
				credited toward the payment of wages as required KRS Chapter 337.
Section 1. Definitions.
(1) "Tip" means a sum presented by a customer
			 as a gift or gratuity in recognition of some service performed. A tip is
			 distinguished from a payment of a charge made for the service.
(2) "Tipped employees" is defined by
			 KRS
			 337.010(2)(d).
(3) "Wages" is defined by
			 KRS
			 337.010(1)(c).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:090 - Handicapped and sheltered workshop employee's wages

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 337.275,
				337.285
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the executive director to
				issue administrative regulations permitting handicapped workers and sheltered
				workshop employees to be employed at less than the established minimum wage.
				KRS
				337.010(2)(a)5 requires that
				the wages be set for a period of time fixed by the executive director. The
				function of this administrative regulation is to set certain standards to be
				used in obtaining these special rates.
Section
			 1. As used in this administrative regulation, unless the context
			 requires otherwise:
(1) "Executive director"
			 means Executive Director of Workplace Standards or any person authorized to act
			 in his behalf, having jurisdiction over laws or administrative regulations
			 governing wages and hours of employees working in this state;
(2) "Office" means Office of Workplace
			 Standards;
(3) "Handicapped worker"
			 means an individual whose earning or productive capacity is impaired by age or
			 physical or mental deficiency or injury for the work he is to
			 perform;
(4) "Sheltered workshop"
			 means a charitable organization or institution conducted not for profit, but
			 for the purpose of carrying out a recognized program of rehabilitation for
			 handicapped workers, and/or providing such individuals with remunerative
			 employment or other occupational rehabilitating activity of an educational or
			 therapeutic nature.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:091 - Workers with Disabilities and Work Activities Centers' employee's wages

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				337.275 - 337.325, 337.285,
				29 U.S.C.
				201,
				29 C.F.R.
				525
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations permitting workers with disabilities and
				work activities centers' employees to be employed at less than the established
				minimum wage. KRS
				337.010(2)(a) 5 requires
				that the wages be established for a period of time fixed by the commissioner.
				This administrative regulation establishes certain standards to be used in
				obtaining these special rates.
Section
			 1. Definitions.
(1)
			 "Commissioner" is defined by
			 KRS
			 337.010(1)(a).
(2) "Department" is defined in
			 KRS
			 337.010(1)(b).
(3) "Work Activities Centers" means centers
			 planned and designed to provide therapeutic activities for workers with severe
			 disabilities affecting their productive capacity. The purpose of work
			 activities centers is carrying out a recognized program of rehabilitation for
			 workers with disabilities and providing the individuals with remunerative
			 employment or other occupational rehabilitating activity of an educational or
			 therapeutic nature.
(4) "Worker
			 with a Disability" is defined by
			 29 C.F.R.
			 525.3(d).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:100 - Child labor

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 339.205-339.990, 29 C.F.R. Part 570,
				29
				U.S.C. 201-219
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				339.230(3) requires the
				Commissioner of the Department of Workplace Standards to promulgate
				administrative regulations to protect the life, health, safety, or welfare of
				minors. The commissioner may consider sex, age, premises of employment,
				substances to be worked with, machinery to be operated, number of hours, hours
				of the day, nature of the employment, and other pertinent factors.
				KRS
				339.230(3) further provides
				that the commissioner in promulgating these administrative regulations may make
				them more restrictive than those promulgated by the United States Secretary of
				Labor under provisions of the Fair Labor Standards Act and its amendments but
				in no event may he or she make them less restrictive. This administrative
				regulation establishes standards for the employment of minors. This
				administrative regulation and
				KRS
				339.205 to
				339.990 shall guide the
				Department of Workplace Standards in carrying out its responsibilities under
				the law and assist employers in understanding their obligations under the
				law.
Section 1. Definitions.
(1) "Minor" means a person between the ages
			 of fourteen (14) and eighteen (18) who is either:
(a) Enrolled in public, private, or home
			 school; or
(b) Not enrolled in
			 school and has not achieved the required credits for graduation from high
			 school as established by a local school district authority, pursuant to
			 KRS
			 160.290.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:010 - Board procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.051
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements. This administrative regulation establishes
				board procedures.
Section 1.
			 Definitions.
(1) "Board" is defined by
			 KRS
			 338.015(6).
(2) "Chairman" means chairperson of the
			 Kentucky Occupational Safety and Health Standards Board.
(3) "Chairperson Pro Tem" means the board
			 member elected by the members of the board to chair any board meeting in the
			 absence of the chairperson.