Title 040 | Chapter 012 | Regulation 450REG


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OFFICE OF THE ATTORNEY GENERAL
Kentucky Office of Regulatory Relief
(Amended at ARRS Committee)

40 KAR 12:450.Emergency Contractors.

Section 1.

Emergency ContractorContractors Registration Application.

(1)

Except as establishedprovided in subsectionparagraph (4) of this section, a contractor, as defined by KRS 367.379(1)(a), 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)

A copyCopies of the applicant's general liability insurance policy or insurance declaration page evidencing insurance coverage in t0he minimum amount of $200,000; a completed Emergency Contractor Surety 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)

A copyCopies of the applicant's workers compensation insurance policy.

(3)

(a)

An applicant shall complete theits application by submitting additional information or documents related to the application 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)

An emergency contractorcontractors shall not be required to obtain registration to perform work in a designated emergency area ifwhen:

(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), in which case 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 theits registration. Registration renewal shall be accomplished by submitting an online renewal application using the Emergency Contractor Registration Renewal Application Portal available at https://www.ag.ky.gov/Resources/Pages/Office-of-Regulatory-Relief.aspx.

(3)

To submitWhen 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.

A copyCopies 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 Surety 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, a copycopies of the registrant's current worker's compensation insurance policy.

(4)

(a)

A registrant shall complete theits renewal application by submitting additional information or documents related to thefor 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 5.6.

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 6.7.

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 7.8.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Emergency Contractor Registration Application Portal", July 2026;

(b)

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

(c)

"Emergency Contractor Registration Renewal Application Portal", July 2026; and

(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.

FILED WITH LRC: October 13, 2026
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.

7-Year Expiration: 7/16/2033


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