Title 502 | Chapter 010 | Regulation 050
PREVIOUS VERSION
The previous document that this document is based upon is available.
502 KAR 10:050.Contracts and agreements.
Section 1.
Each school shall file and maintain a list of persons authorized to execute contracts on behalf of the driver's school with the department. A complete signature record form shall be filed with the department for each person authorized to sign contracts for the school.Section 2.
Each school which uses contracts or agreements shall furnish the department with blank copies of each form used.Section 3.
Any student who signs a contract or agreement with a driver training school shall receive a copy of the contract and the original retained and filed by the school. These contracts shall be made available to any authorized representative of the department upon request.Section 4.
All contracts used by a commercial driver training school shall contain the following:(1)
The name and address of the school. If the school is conducted under an assumed name or is operated by a corporation, partnership or association, the agreement shall contain the name of the individual owner, or the names of the officers of the corporation, association, or members of the partnership as the department may require.(2)
All contracts shall contain the following statement. "This constitutes the entire agreement between the school and the student and no verbal statements or promises will be recognized."(3)
The fee charged for each lesson, if fees are charged for individual lessons, or the fee for the entire series of lessons agreed upon.(4)
A statement indicating that these administrative regulations of the driver training schools are available on the school premises for the examination by the student.HISTORY: (PSfty-DTS-7; 1 Ky.R. 1033; eff. 6-11-1975; Am. 12 Ky.R. 1624; eff. 5-6-1986; 48 Ky.R. 1268; 49 Ky.R. 337; eff. 8-16-2022.)
PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the department’s policy regarding contracts and agreements involving driver training schools.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 15A.160 and 332.216.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the authorizing statute by providing guidance to the promulgated regulations implementing KRS 15A.160 and 332.216.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation assists in the administration of the statutes by clarifying the statutory authority and updating the procedures currently utilized by the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment accurately reflects the statutory authority and the procedures utilized by the department.
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the authorizing statute by providing guidance to the promulgated regulations implementing KRS 15A.160 and 332.216.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment clarifies the statutory authority.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police; driver training schools; driver training school instructors. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No new or additional actions will have to be taken by the regulated entities in order to effectively comply with this amended regulation. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: Nothing. (c) As a result of compliance, what benefits will accrue to the entities: They will benefit from having the correct statutory authority cited.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Not applicable.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No, this regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Explain why or why not. No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Kentucky State Police; driver training schools; driver training school instructors.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
: KRS 15A.160 and 332.216.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
Nothing.
(d) How much will it cost to administer this program for subsequent years?
Nothing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None.
Expenditures (+/-):
None.
Other Explanation:
None.
502 KAR 10:050.Contracts and agreements.
Section 1.
Each school shall file and maintainSection 2.
Each school which uses contracts or agreements shall furnish the department with blank copies of each form used.Section 3.
Any student who signs a contract or agreement with aSection 4.
All contracts used by a commercial driver training school shall contain the following:(1)
The name and address of the school. If the school is conducted under an assumed name or is operated by a corporation, partnership or association, the agreement shall contain the name of the individual owner, or the(2)
All contracts shall contain the following statement. "This constitutes the entire agreement between the school and the student and no verbal statements or promises will be recognized."(3)
The fee charged for each lesson, if fees are charged for individual lessons, or(4)
A statement indicating that these administrative regulations of the driver training schools are available on the school premises for the examination by the student.HISTORY: (PSfty-DTS-7; 1 Ky.R. 1033; eff. 6-11-1975; Am. 12 Ky.R. 1624; eff. 5-6-1986; 48 Ky.R. 1268; 49 Ky.R. 337; eff. 8-16-2022.)
PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the department’s policy regarding contracts and agreements involving driver training schools.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 15A.160 and 332.216.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the authorizing statute by providing guidance to the promulgated regulations implementing KRS 15A.160 and 332.216.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation assists in the administration of the statutes by clarifying the statutory authority and updating the procedures currently utilized by the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment accurately reflects the statutory authority and the procedures utilized by the department.
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the authorizing statute by providing guidance to the promulgated regulations implementing KRS 15A.160 and 332.216.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment clarifies the statutory authority.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police; driver training schools; driver training school instructors. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No new or additional actions will have to be taken by the regulated entities in order to effectively comply with this amended regulation. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: Nothing. (c) As a result of compliance, what benefits will accrue to the entities: They will benefit from having the correct statutory authority cited.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Not applicable.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No, this regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Explain why or why not. No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Kentucky State Police; driver training schools; driver training school instructors.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
: KRS 15A.160 and 332.216.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
Nothing.
(d) How much will it cost to administer this program for subsequent years?
Nothing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None.
Expenditures (+/-):
None.
Other Explanation:
None.