Title 040 | Chapter 012 | Regulation 450REG


PROPOSED
This document is not yet current.
OFFICE OF ATTORNEY GENERAL
Kentucky Office of Regulatory Relief
(New Administrative Regulation)

40 KAR 12:450.Emergency Contractors.

Section 1.

Emergency Contractors Registration Application.

(1)

Except as provided in paragraph (4) of this Section, a contractor shall not perform services for Commonwealth of Kentucky residents in a designated emergency area under a KRS 367.379(2)(a) Attorney General executive order, unless the Attorney General approves the contractor's online emergency contractor registration application in accordance with this administrative regulation. An applicant shall submit an online registration application using the Emergency Contractor Registration Application portal available at https://www.ag.ky.gov/Resources/Pages/Office-of-Regulatory-Relief.aspx.

(2)

To complete an online application, an applicant shall submit:

(a)

Payment of the $100.00 registration fee;

(b)

The applicant's certificate of existence, authorization certificate from the Kentucky Secretary of State's office, other evidence of the applicant's authority to transact business in Kentucky, or verification of a sole proprietor's business address;

(c)

Copies of the applicant's general liability insurance policy or insurance declaration page evidencing insurance coverage in the minimum amount of $200,000; a completed Emergency Contractor Bond, form EC-1; or other completed surety bond in the minimum amount of $200,000 by a surety authorized to do business in Kentucky; and

(d)

Copies of the applicant's workers compensation insurance policy.

(3)

(a)

An applicant shall complete its application by submitting additional information or documents within thirty (30) days of a request by the Attorney General.

(b)

The Attorney General may deny any application:

1.

If an applicant fails to timely complete the application by not paying the application fee or providing requested information or documents; or

2.

For any reason that the Attorney General, in the exercise of sound discretion, deems sufficient.

(4)

Emergency contractors shall not be required to obtain registration to perform work in a designated emergency area when:

(a)

Work is performed pursuant to a contract executed prior to a state of emergency declaration; or

(b)

The Attorney General issues an executive order under KRS 367.379(2)(b)1 determining that a local government in the designated emergency area imposes emergency registration or emergency licensure requirements for contractors that are greater than the requirements imposed under KRS 367.379 (3)(a), (b), and (c) whereby the contractor shall comply with that local government's requirements.

Section 2.

Emergency Contractor Person in Control. (1) A registrant shall not perform services for Commonwealth of Kentucky residents in a designated emergency area under a KRS 367.379(2)(a) Attorney General executive order unless the registrant designates a person responsible for the conduct of all employees and solicitors for a designated emergency area. If not provided in the original application, a registrant shall identify the person in control of a designated emergency area using the Emergency Contractor Person in Control submission portal available at https://www.ag.ky.gov/Resources/Pages/Office-of-Regulatory-Relief.aspx.

Section 3.

Emergency Contractor Renewal Applications.

(1)

An approved emergency contractor registration or renewal shall be valid for one (1) year from the date of registration or renewal by the Attorney General.

(2)

Thirty (30) days prior to the expiration of a current registration, a registered emergency contractor may renew its registration. Registration renewal shall be accomplished by submitting an online renewal application using the Emergency Contractor Renewal Application portal available at https://www.ag.ky.gov/Resources/Pages/Office-of-Regulatory-Relief.aspx.

(3)

When submitting an online renewal application, each registrant shall submit:

(a)

Payment of the $100.00 registration renewal fee;

(b)

If the registrant's prior submitted general liability insurance policy or surety bond is no longer current:

1.

Copies of the applicant's current general liability insurance policy or insurance declaration page evidencing insurance coverage in the minimum amount of $200,000;

2.

A completed Emergency Contractor Bond, form EC-1; or

3.

Other completed surety bond in the minimum amount of $200,000 by a surety authorized to do business in Kentucky; and

(c)

If the registrant's prior submitted worker's compensation policy is no longer current, copies of the registrant's current worker's compensation insurance policy.

(4)

(a)

A registrant shall complete its renewal application by submitting additional information or documents for its application within thirty (30) days of a request by the Attorney General.

(b)

The Attorney General may deny any renewal application:

1.

If a registrant fails to timely complete the application by not paying the application fee or providing requested information or documents; or

2.

For any reason that the Attorney General, in the exercise of sound discretion, deems sufficient.

Section 4.

Annual Registration Fee. The annual registration fee for an emergency contractor shall be $100.00.

Section 5.

Written notification of material changes. A registered emergency contractor shall notify the Attorney General, in writing, within fourteen (14) days of any material change to information provided in the registrant's original application, any renewal application, application attachments, or written notices

Section 6.

Record Requests. An emergency contractor shall make requested business records and documents and information related to an investigation or inquiry readily available to the Attorney General for inspection and copying upon request.

Section 7.

Subsequent Proceedings. Registration or renewal by the Attorney General shall not be construed to waive or condone any violation of law that occurred prior to or after any registration or renewal and shall not prevent subsequent proceedings against a registrant.

Section 8.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Emergency Contractor Registration application", July 2026;

(b)

"Emergency Contractor Person in Control submission," July 2026; and

(c)

"Emergency Contractor Renewal application", July 2026;

(d)

"Emergency Contractor Surety Bond, Form EC-1", July 2026.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Attorney General, Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the Attorney General's website, https://ag.ky.gov/Pages/default.aspx.

STEPHEN B. HUMPHRESS, Executive Director
RUSSELL COLEMAN, Attorney General
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on September 22, 2026, at 10:00 a.m. Eastern Time at the Office of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601. Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify the Attorney General in writing at least five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on September 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stephen B. Humphress, Executive Director, Kentucky Office of Regulatory Relief, Kentucky Office of Attorney General, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, phone: 502-696-5408, fax: (502) 573-8317, email: steve.humphress@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stephen B. Humphress, Phone Number: 502-696-5481, Email: steve.humphress@ky.gov
Subject Headings:
Attorney General; Occupations and Professions; Insurance; Bonds; Emergency Management
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the online registration application form, online person in control submission, online renewal application form, bond form and annual registration fee for emergency contractors.
(b) The necessity of this administrative regulation:
This regulation is necessary since it allows the Office of Attorney General ("Attorney General"), to perform its statutory mandates. The regulation is needed so that emergency contractors can comply with statutory requirements.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15.180 directs the Attorney General to promulgate administrative regulations that will facilitate the performance of duties vested in the Attorney General and the Department of Law. KRS 367.150(4) requires the Department of Law to study the operation of all laws, rules, administrative regulations, orders, and state policies affecting consumers and to recommend administrative regulations in the consumers' interest. KRS 367.379(8) requires the Attorney General to promulgate administrative regulations necessary to carry out the provisions of KRS 367.379.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes the online registration application form, online renewal application form, bond form and annual registration fee for emergency contractors.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects unknown future applicants seeking to perform contractor services in future emergency designated areas. It is estimated that the regulation will affect approximately 400 applicants per future designated emergency area.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
Future applicants will be required to use the online application, submission, and payment processes and may use the bond form incorporated into this regulation. Attorney General staff will review and process the new online submissions for compliance with law.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
Applicants will incur a $100 annual application fee but will incur no cost in using the online processes and bond form available on the Attorney General’s website at no cost. The Attorney General will incur costs to review the submitted application for the new registration areas.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The online processes and form will make it easy for applicants to apply, renew registrations, submit registration fees and submit required information and documentation required by statute. The online application and processes will result in quick processing time by Attorney General staff.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
It is estimated that the Attorney General will incur approximately $14,000.00 in expenses to develop the online application, renewal application, information and document submission processes, payment processes, database creation, form, and KRS 13A.100(2) required regulation.
(b) On a continuing basis:
. It is estimated that the Attorney General will incur costs of approximately $40,000 to process anticipated applications for each future designated emergency area.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Funds from the Attorney General’s general fund and registration fees established by this administrative regulation will be the funding source.
(8) 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:
An annual registration fee will be necessary to implement this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes a $100 annual registration fee.
(10) TIERING: Is tiering applied?
No. This administrative regulation applies equally to all emergency contractors.

FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 15.180, 367.150(4), 367.379
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation amendment was expressly authorized by 1960 Ky. Acts ch. 68, Art. II, sec. 1; 1972 Ky. Acts ch. 4, sec. 4; and 2026 Ky. Acts ch. 54, sec. 9.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Office of Attorney General, Kentucky Office of Regulatory Relief ("Attorney General") is the promulgating agency. The regulation does not affect any other state agencies. (b) Estimate the following for each affected state unit, part, or division in (3)(a):
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
The Attorney General will incur expenses of approximately $14,000 to implement this administrative regulation in the first year.
For subsequent years:
The Attorney General will incur expenses of approximately $100 to process each emergency contractor application for subsequent years.
2. Revenues:
For the first year:
The administrative regulation will generate no revenues to the Attorney General in the first year.
For subsequent years:
The administrative regulation will generate revenues of $100 to the Attorney General for each emergency contractor application for subsequent years.
3. Cost Savings:
For the first year:
The Attorney General will receive no cost savings from this administrative regulation in the first year.
For subsequent years:
The Attorney General will receive no cost savings from this administrative regulation for subsequent years.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
The administrative regulation will not affect any local entities.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
This administrative regulation will not cause expenditures by local entities for the first year.
For subsequent years:
This administrative regulation will not cause expenditures by local entities for subsequent years.
2. Revenues:
For the first year:
Local entities will receive no revenues from this administrative regulation for the first year.
For subsequent years:
Local entities will receive no revenues from this administrative regulation in subsequent years.
3. Cost Savings:
For the first year:
Local entities will receive no cost savings from this administrative regulation for the first year.
For subsequent years:
Local entities will receive no cost savings from this administrative regulation in subsequent years.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Future applicants registering as emergency contractors will be affected by this administrative regulation.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
This administrative regulation will not cause applicants to have any expenditure in the first year.
For subsequent years:
An applicants will have an expenditure of $100 to register as emergency contractors for subsequent years.
2. Revenues:
For the first year:
Applicants will not receive any revenue from this administrative regulation in the first year.
For subsequent years:
Applicants will not receive any revenue from this administrative regulation for subsequent years.
3. Cost Savings:
For the first year:
Applicants will receive no cost savings from this administrative regulation in the first year.
For subsequent years:
Applicants will receive no cost savings from this administrative regulation for subsequent years.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The administrative regulation will cause the Attorney General to have $14,000 in initial expenses. This administrative regulation will cause each applicant to each have an expenditure of $100 to register as emergency contractors. The Attorney General will have an expenditure of approximately $100 to process each application. For these reasons, the administrative regulation will have a minor fiscal impact.
(b) Methodology and resources used to reach this conclusion:
The Attorney General used a quantitative methodology analysis based on history of administrative agencies which license or register businesses in a specific subject area and the resulting facts from this regulation. The Attorney General used staff resources in determining the fiscal impact.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
There is not an expected "major economic impact" from this administrative regulation for the Attorney General, any local entities, or affected future applicants.
(b) The methodology and resources used to reach this conclusion:
The Attorney General used a quantitative methodology analysis based on history of administrative agencies which license or register businesses in a specific subject area and resulting facts from this regulation. The Attorney General used staff resources in reaching the conclusion that no overall negative or adverse major economic impact results from this administrative regulation.

7-Year Expiration: 7/16/2033


Page Generated: 8/28/2026, 1:03:35 PM