Title 201 | Chapter 018 | Regulation 025REG
PROPOSED
This document is not yet current.
BOARDS AND COMMISSIONS
Kentucky State Board of Licensure for Professional Engineers and Land Surveyors
(New Administrative Regulation)
201 KAR 18:025.Predetermination of whether conviction of a crime disqualifies an individual from initial licensure as a professional engineer or professional land surveyor.
Section 1.
Definitions.(1)
"Applicant" means an individual who has a prior conviction of a crime that seeks predetermination from the board as to whether the conviction of the crime will disqualify the individual from initial licensure as a professional engineer or professional land surveyor, before pursuing any training, experience, or specialized education required for licensure.(2)
"Conviction of a crime" is defined by KRS 335B.010(4).(3)
"Notice of Predetermination of Disqualification" means a written notice that informs the applicant of the specific grounds and reasons the applicant is disqualified from initial licensure as a professional engineer or professional land surveyor because of the applicant's prior conviction of a crime.(4)
"Notice of Predetermination of Non-Disqualification" means a written notice informing the applicant that the applicant is not disqualified from initial licensure as a professional engineer or professional land surveyor solely because of the applicant's prior conviction of a crime.Section 2.
Application for Predetermination of Non-Disqualification for Licensure as a Professional Engineer or Professional Land Surveyor.(1)
To obtain a predetermination from the board as to whether the prior conviction of a crime will disqualify the applicant from initial licensure as a professional engineer or professional land surveyor, the applicant shall submit:(a)
A completed and signed Application for Predetermination of Non-Disqualification for Licensure; and(b)
A non-refundable application fee of fifty (50) dollars.(2)
The applicant may submit with the Application for Predetermination of Non-Disqualification for Licensure:(a)
A background check issued by the Kentucky Administrative Office of the Courts;(b)
A certified copy of the final judgment of each criminal conviction, including amended final judgments, if applicable;(c)
A written statement of explanation for each criminal conviction, which fully describes the events and circumstances that led to the conviction of the crime;(d)
Evidence of the applicant's criminal history in accordance with KRS 335B.020(2); and(e)
Evidence of the applicant's rehabilitation in accordance with KRS 335B.020(2).(3)
If additional information is requested by the board in accordance with KRS 335B.032(2)(a), the applicant shall submit the requested information to the board within thirty (30) calendar days of the board's request. Failure to timely provide the requested information shall result in the application being rejected as incomplete.(4)
No less than thirty (30) calendar days prior to the meeting at which the application is to be evaluated and considered, board staff shall notify the applicant in writing of the following:(a)
The date and time of the meeting at which the information submitted by the applicant pursuant to this section shall be reviewed;(b)
The applicant may attend the meeting in-person, telephonically, or virtually; and(c)
The board will evaluate the applicant's testimony, if any, and the evidence of items listed in KRS 335B.020(2) to determine whether the applicant's prior criminal conviction relates to licensure as a professional engineer or professional land surveyor.Section 3.
Consideration and Evaluation of Application by the Board.(1)
In evaluating the information submitted pursuant to Section 2 of this administrative regulation and whether the applicant's prior conviction of a crime directly relates to professional engineering or professional land surveying, the board shall consider:(a)
The criteria set forth in KRS 335B.020(2); and(b)
Whether KRS 322.050(2) applies.(2)
If the board determines the prior criminal conviction does not directly relate to professional engineering or professional land surveying, a notice of predetermination of non-disqualification shall be issued and mailed via USPS certified mail, return receipt requested, to the mailing address provided in the application.(3)
If the board determines the prior conviction of a crime directly relates to professional engineering or professional land surveying or KRS 322.050(2) applies, a notice of predetermination of disqualification shall be issued and mailed via USPS certified mail, return receipt requested, to the mailing address provided in the application.Section 4.
Appeal of Notice of Predetermination of Disqualification of Licensure.(1)
If the board issues a notice of predetermination of disqualification, the applicant may challenge the board's predetermination that the applicant is disqualified from licensure as a professional engineer or professional land surveyor by filing a request for an administrative hearing with the board within ten (10) working days of the date of service of the notice of predetermination of disqualification pursuant to KRS 335B.030(1)(a)2.(2)
The request for an administrative hearing shall:(a)
Include a written statement regarding the basis of the appeal;(b)
Attach any previously submitted and any new evidence relied upon by the applicant; and(c)
Be sent to the board by mail or hand-delivery to 160 Democrat Drive, Frankfort, Kentucky 40601.(3)
If the written request for an administrative hearing is timely filed, the board's general counsel shall prepare and file a notice of administrative hearing in accordance with KRS 13B.050(1).(4)
The administrative hearing shall be conducted in accordance with the provisions of KRS Chapter 13B.(5)
If a hearing is not requested, the notice of predetermination of disqualification shall remain in effect for a period of one (1) year from ten (10) working days after service of the notice of predetermination of disqualification. The applicant shall not reapply during that period.Section 5.
Incorporation by Reference.(1)
"Application for Predetermination of Non-Disqualification for Licensure", ed. 7/2026, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the board's website, kyboels.ky.gov.KYLE L. ELLIOTT, Executive Director
APPROVED BY AGENCY: July 31, 2026
FILED WITH LRC: August 26, 2026 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2026, at 2:00 p.m., Eastern Standard Time, at the Kentucky Engineering Center, 160 Democrat Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 November 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: Jake R. Miller, General Counsel, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, phone: (502) 573-2680, facsimile: (502) 573-6687, email: jake.miller@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jake R. Miller Phone: (502) 573-2680 Email: jake.miller@ky.gov
Subject Headings:
Engineering and Land Surveying, Occupations and Professions, Criminal Records & History
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish and implement a clear process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure so as to remove barriers to professional licensure for citizens of the Commonwealth who have been convicted of a crime in accordance with the General Assembly’s findings set forth in KRS 335B.025.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing a clear process by which an individual who has been convicted of a crime can obtain a determination from the board regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist individuals who have been convicted of a crime to obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(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:
Not applicable.
(b) The necessity of the amendment to this administrative regulation:
Not applicable.
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable.
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes, this administrative regulation implements legislation from the 2026 Regular Session.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation is estimated to affect between zero and five individuals who have been convicted of a crime that may apply for initial licensure as a professional engineer or professional land surveyor per year. No other businesses, organizations, or state and local governments are anticipated to be affected by the amendment to this administrative regulation.
(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:
In order to comply with this new administrative regulation, individuals who have been convicted of a crime will need to comply with the procedure and submit the appropriate fee and information as set forth in the administrative regulation in order to obtain a determination from the board as to whether the individual’s criminal history will disqualify the individual from initial licensure as a professional engineer or professional land surveyor.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
In complying with this new administrative regulation, it will cost the applicant a $50 application fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of compliance, the individual will have the benefit of knowing whether the individual’s prior criminal history would disqualify the individual from initial licensure as a professional engineer or professional land surveyor prior to pursuing any training or specialized education required for licensure.
(6) 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.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
No additional funds are needed for the implementation and enforcement of this new administrative regulation. However, to the extent any funds are needed for the implementation and enforcement of the administrative regulation, the funds would be from restricted agency funds. The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors does not receive any general or federal funds.
(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 increase in already existing fees or funding will not be necessary to implement this new administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes an application fee of $50.
(10) TIERING: Is tiering applied?
Tiering is not applied to this new administrative regulation as the regulation applies equally to all those seeking a determination from the board as to whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
Kentucky Revised Statutes 322.180, 322.290, and 335B.032.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This new administrative regulation is expressly authorized by 2026 Regular Session House Bill 185.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors. No other state units, parts, or divisions are expected to be affected by this new administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
It is estimated that it will cost the board approximately $125.00 per application reviewed by the board during the first year.
For subsequent years:
It is estimated that it will cost the board approximately $125.00 per application reviewed by the board each subsequent year.
2. Revenues:
For the first year:
$50.00 per application.
For subsequent years:
$50.00 per application.
3. Cost Savings:
For the first year:
None, the board is expected to have an estimated loss of $75.00 per application reviewed by the board for the first year.
For subsequent years:
None, the board is expected to have an estimated loss of $75.00 per application reviewed by the board for each subsequent year.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities (cities, counties, fire departments, school districts) are expected to be affected by this new administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
2. Revenues:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
3. Cost Savings:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
No additional undisclosed regulated entities are expected to affected by this new administrative regulation.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(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:
This administrative regulation will have an estimated fiscal impact of $125.00 per application reviewed by the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors.
(b) Methodology and resources used to reach this conclusion:
Each application will be reviewed by either the board’s surveying or engineering committee, as appropriate. Said committees are comprised of five board members. The surveying/engineering committee will make a recommendation to the full board on the appropriate action that should be taken on the application. Pursuant to 201 KAR 18:170, each board member is compensated $200.00 per day when actually attending to the work of the board or any of its committees, which breaks down to $25.00 per hour. It is estimated it will take each committee member an average of approximately 1 hour to review each application, attend and participate in the appropriate committee discussions, and vote on each application, which equates to $25.00 per committee member for each application. Since there are five members on the reviewing committee and it is estimated each committee member will be compensated for approximately 1 hour for each application, it is estimated that this new regulation will cost the board approximately $125.00 per application reviewed. Given the board estimates this new regulation will cost the board approximately $125.00 per application reviewed and the individual seeking a determination pursuant to this new administrative regulation is required to pay an application fee of $50.00, it is estimated the board will have an estimated loss of $75.00 per application reviewed by the board.
(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):
This new administrative regulation will not have a "major economic impact" as the combined implementation and compliance costs of an administrative regulation are less than five hundred thousand dollars ($500,000) over any two (2) year period.
(b) The methodology and resources used to reach this conclusion:
Not applicable.
BOARDS AND COMMISSIONS
Kentucky State Board of Licensure for Professional Engineers and Land Surveyors
(New Administrative Regulation)
201 KAR 18:025.Predetermination of whether conviction of a crime disqualifies an individual from initial licensure as a professional engineer or professional land surveyor.
Section 1.
Definitions.(1)
"Applicant" means an individual who has a prior conviction of a crime that seeks predetermination from the board as to whether the conviction of the crime will disqualify the individual from initial licensure as a professional engineer or professional land surveyor, before pursuing any training, experience, or specialized education required for licensure.(2)
"Conviction of a crime" is defined by KRS 335B.010(4).(3)
"Notice of Predetermination of Disqualification" means a written notice that informs the applicant of the specific grounds and reasons the applicant is disqualified from initial licensure as a professional engineer or professional land surveyor because of the applicant's prior conviction of a crime.(4)
"Notice of Predetermination of Non-Disqualification" means a written notice informing the applicant that the applicant is not disqualified from initial licensure as a professional engineer or professional land surveyor solely because of the applicant's prior conviction of a crime.Section 2.
Application for Predetermination of Non-Disqualification for Licensure as a Professional Engineer or Professional Land Surveyor.(1)
To obtain a predetermination from the board as to whether the prior conviction of a crime will disqualify the applicant from initial licensure as a professional engineer or professional land surveyor, the applicant shall submit:(a)
A completed and signed Application for Predetermination of Non-Disqualification for Licensure; and(b)
A non-refundable application fee of fifty (50) dollars.(2)
The applicant may submit with the Application for Predetermination of Non-Disqualification for Licensure:(a)
A background check issued by the Kentucky Administrative Office of the Courts;(b)
A certified copy of the final judgment of each criminal conviction, including amended final judgments, if applicable;(c)
A written statement of explanation for each criminal conviction, which fully describes the events and circumstances that led to the conviction of the crime;(d)
Evidence of the applicant's criminal history in accordance with KRS 335B.020(2); and(e)
Evidence of the applicant's rehabilitation in accordance with KRS 335B.020(2).(3)
If additional information is requested by the board in accordance with KRS 335B.032(2)(a), the applicant shall submit the requested information to the board within thirty (30) calendar days of the board's request. Failure to timely provide the requested information shall result in the application being rejected as incomplete.(4)
No less than thirty (30) calendar days prior to the meeting at which the application is to be evaluated and considered, board staff shall notify the applicant in writing of the following:(a)
The date and time of the meeting at which the information submitted by the applicant pursuant to this section shall be reviewed;(b)
The applicant may attend the meeting in-person, telephonically, or virtually; and(c)
The board will evaluate the applicant's testimony, if any, and the evidence of items listed in KRS 335B.020(2) to determine whether the applicant's prior criminal conviction relates to licensure as a professional engineer or professional land surveyor.Section 3.
Consideration and Evaluation of Application by the Board.(1)
In evaluating the information submitted pursuant to Section 2 of this administrative regulation and whether the applicant's prior conviction of a crime directly relates to professional engineering or professional land surveying, the board shall consider:(a)
The criteria set forth in KRS 335B.020(2); and(b)
Whether KRS 322.050(2) applies.(2)
If the board determines the prior criminal conviction does not directly relate to professional engineering or professional land surveying, a notice of predetermination of non-disqualification shall be issued and mailed via USPS certified mail, return receipt requested, to the mailing address provided in the application.(3)
If the board determines the prior conviction of a crime directly relates to professional engineering or professional land surveying or KRS 322.050(2) applies, a notice of predetermination of disqualification shall be issued and mailed via USPS certified mail, return receipt requested, to the mailing address provided in the application.Section 4.
Appeal of Notice of Predetermination of Disqualification of Licensure.(1)
If the board issues a notice of predetermination of disqualification, the applicant may challenge the board's predetermination that the applicant is disqualified from licensure as a professional engineer or professional land surveyor by filing a request for an administrative hearing with the board within ten (10) working days of the date of service of the notice of predetermination of disqualification pursuant to KRS 335B.030(1)(a)2.(2)
The request for an administrative hearing shall:(a)
Include a written statement regarding the basis of the appeal;(b)
Attach any previously submitted and any new evidence relied upon by the applicant; and(c)
Be sent to the board by mail or hand-delivery to 160 Democrat Drive, Frankfort, Kentucky 40601.(3)
If the written request for an administrative hearing is timely filed, the board's general counsel shall prepare and file a notice of administrative hearing in accordance with KRS 13B.050(1).(4)
The administrative hearing shall be conducted in accordance with the provisions of KRS Chapter 13B.(5)
If a hearing is not requested, the notice of predetermination of disqualification shall remain in effect for a period of one (1) year from ten (10) working days after service of the notice of predetermination of disqualification. The applicant shall not reapply during that period.Section 5.
Incorporation by Reference.(1)
"Application for Predetermination of Non-Disqualification for Licensure", ed. 7/2026, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the board's website, kyboels.ky.gov.KYLE L. ELLIOTT, Executive Director
APPROVED BY AGENCY: July 31, 2026
FILED WITH LRC: August 26, 2026 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2026, at 2:00 p.m., Eastern Standard Time, at the Kentucky Engineering Center, 160 Democrat Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 November 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: Jake R. Miller, General Counsel, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, phone: (502) 573-2680, facsimile: (502) 573-6687, email: jake.miller@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jake R. Miller Phone: (502) 573-2680 Email: jake.miller@ky.gov
Subject Headings:
Engineering and Land Surveying, Occupations and Professions, Criminal Records & History
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish and implement a clear process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure so as to remove barriers to professional licensure for citizens of the Commonwealth who have been convicted of a crime in accordance with the General Assembly’s findings set forth in KRS 335B.025.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing a clear process by which an individual who has been convicted of a crime can obtain a determination from the board regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist individuals who have been convicted of a crime to obtain a determination regarding whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor before pursuing any training or specialized education required for licensure.
(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:
Not applicable.
(b) The necessity of the amendment to this administrative regulation:
Not applicable.
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable.
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes, this administrative regulation implements legislation from the 2026 Regular Session.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation is estimated to affect between zero and five individuals who have been convicted of a crime that may apply for initial licensure as a professional engineer or professional land surveyor per year. No other businesses, organizations, or state and local governments are anticipated to be affected by the amendment to this administrative regulation.
(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:
In order to comply with this new administrative regulation, individuals who have been convicted of a crime will need to comply with the procedure and submit the appropriate fee and information as set forth in the administrative regulation in order to obtain a determination from the board as to whether the individual’s criminal history will disqualify the individual from initial licensure as a professional engineer or professional land surveyor.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
In complying with this new administrative regulation, it will cost the applicant a $50 application fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of compliance, the individual will have the benefit of knowing whether the individual’s prior criminal history would disqualify the individual from initial licensure as a professional engineer or professional land surveyor prior to pursuing any training or specialized education required for licensure.
(6) 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.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
No additional funds are needed for the implementation and enforcement of this new administrative regulation. However, to the extent any funds are needed for the implementation and enforcement of the administrative regulation, the funds would be from restricted agency funds. The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors does not receive any general or federal funds.
(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 increase in already existing fees or funding will not be necessary to implement this new administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes an application fee of $50.
(10) TIERING: Is tiering applied?
Tiering is not applied to this new administrative regulation as the regulation applies equally to all those seeking a determination from the board as to whether the conviction of a crime will disqualify the individual from licensure as a professional engineer or professional land surveyor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
Kentucky Revised Statutes 322.180, 322.290, and 335B.032.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This new administrative regulation is expressly authorized by 2026 Regular Session House Bill 185.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors. No other state units, parts, or divisions are expected to be affected by this new administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
It is estimated that it will cost the board approximately $125.00 per application reviewed by the board during the first year.
For subsequent years:
It is estimated that it will cost the board approximately $125.00 per application reviewed by the board each subsequent year.
2. Revenues:
For the first year:
$50.00 per application.
For subsequent years:
$50.00 per application.
3. Cost Savings:
For the first year:
None, the board is expected to have an estimated loss of $75.00 per application reviewed by the board for the first year.
For subsequent years:
None, the board is expected to have an estimated loss of $75.00 per application reviewed by the board for each subsequent year.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities (cities, counties, fire departments, school districts) are expected to be affected by this new administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
2. Revenues:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
3. Cost Savings:
For the first year:
Not applicable.
For subsequent years:
Not applicable.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
No additional undisclosed regulated entities are expected to affected by this new administrative regulation.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(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:
This administrative regulation will have an estimated fiscal impact of $125.00 per application reviewed by the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors.
(b) Methodology and resources used to reach this conclusion:
Each application will be reviewed by either the board’s surveying or engineering committee, as appropriate. Said committees are comprised of five board members. The surveying/engineering committee will make a recommendation to the full board on the appropriate action that should be taken on the application. Pursuant to 201 KAR 18:170, each board member is compensated $200.00 per day when actually attending to the work of the board or any of its committees, which breaks down to $25.00 per hour. It is estimated it will take each committee member an average of approximately 1 hour to review each application, attend and participate in the appropriate committee discussions, and vote on each application, which equates to $25.00 per committee member for each application. Since there are five members on the reviewing committee and it is estimated each committee member will be compensated for approximately 1 hour for each application, it is estimated that this new regulation will cost the board approximately $125.00 per application reviewed. Given the board estimates this new regulation will cost the board approximately $125.00 per application reviewed and the individual seeking a determination pursuant to this new administrative regulation is required to pay an application fee of $50.00, it is estimated the board will have an estimated loss of $75.00 per application reviewed by the board.
(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):
This new administrative regulation will not have a "major economic impact" as the combined implementation and compliance costs of an administrative regulation are less than five hundred thousand dollars ($500,000) over any two (2) year period.
(b) The methodology and resources used to reach this conclusion:
Not applicable.