Adrian L. Del Valle.

This administrative regulation establishes the application, examination, biennial renewal, late renewal, inactive renewal, and reinstatement fees for professional geologists and geologists-in-training. It authorizes the Board to adjust certain fees based on financial necessity, administrative costs, or other relevant factors. The regulation increases key fees, including raising the application fee from $150.00 USD to $225.00 USD, the biennial renewal fee from $175.00 USD to $250.00 USD, the late biennial renewal fee from $225.00 USD to $300.00 USD, and the reinstatement fee from $275.00 USD to $350.00 USD. For those maintaining an inactive license, the regulation sets the biennial renewal fee at $100.00 USD, the late biennial renewal fee at $175.00 USD, and the reinstatement fee at $200.00 USD. Additionally, new “Section 5” requires any future fee adjustment to be approved by a super-majority vote of the Board at a public meeting open to public comment and prohibits any adjustment from exceeding the maximum amounts established in the regulation.

This administrative regulation is necessary to enable the Board to charge fees that appropriately reflect the cost of administering its statutory responsibilities, including licensing, certification, renewals, enforcement, and oversight of professional geologists and geologists-in-training. The updated fee structure ensures the Board can maintain financial stability and continue delivering essential regulatory services without interruption. Without these adjustments, the Board would face a projected funding shortfall that could jeopardize its operational effectiveness. The regulation also includes a mechanism for future fee adjustments based on financial necessity, administrative costs, or other relevant factors, while safeguarding transparency by requiring any such adjustment to be approved by a super-majority vote of the Board at a public meeting open to public comment.

KRS 322A.040, 322A.050, and 322A.060 authorize the board to establish application, registration, renewal, and examination fees. This administrative regulation establishes the fees charged by the Board to apply for registration or certification, sit for the examination, and renew and reinstate a registration or certification.

This proposed administrative regulation assists in the effective administration of KRS 322A.040, 322A.050, and 322A.060 by ensuring that the Board has the necessary funding to carry out its regulatory responsibilities, including processing applications, renewals, and reinstatements, and overseeing examinations. By setting appropriate fees and allowing adjustments based on financial necessity, the regulation helps maintain the Board’s operations without any financial disruption. Additionally, the structured fee adjustment process ensures transparency and accountability, allowing the Board to adapt to inflation and changing administrative costs while maintaining compliance with statutory requirements.

This amendment revises the existing administrative regulation by increasing the application, biennial renewal, late renewal, inactive renewal, and reinstatement fees for professional geologists and geologists-in-training. These adjustments are intended to ensure the Board’s continued financial stability and ability to fulfill its statutory functions, including licensing, compliance oversight, and administrative operations. The amendment also adds a new provision (“Section 5”) that authorizes the Board to adjust certain fees in the future based on financial necessity, administrative costs, or other relevant factors. To promote transparency and accountability, any such adjustment must be approved by a super-majority vote of the Board at a public meeting open to public comment. The regulation further establishes maximum fee limits for each adjustable fee category, ensuring that any future increases remain reasonable and subject to clear boundaries.

This proposed amendment is necessary to ensure the Board has sufficient funds to cover operational expenses, including administrative costs and required services, to regulate professional geologists effectively. Without the fee increases, the Board faces a financial shortfall that could impact its ability to process applications, renewals, and reinstatements, as well as fulfill its statutory duties. The amendment also introduces a structured process for future fee adjustments, allowing the Board to respond to financial needs while maintaining transparency and public accountability.

This proposed amendment conforms to KRS 322A.040, 322A.050, and 322A.060, which grant the Board authority to establish application, registration, renewal, and examination fees for professional geologists and geologists-in-training. The amendment increases these fees to ensure the Board remains financially stable while continuing to fulfill its regulatory duties. Additionally, it aligns with the statutes by establishing a clear process for adjusting fees based on financial necessity, ensuring that any changes remain within the Board’s legal authority and are subject to public oversight.

This proposed amendment will assist in the effective administration of KRS 322A.040, 322A.050, and 322A.060 by ensuring that the Board has sufficient financial resources to carry out its regulatory responsibilities, including processing applications, renewals, reinstatements, and examinations. By increasing fees and allowing for future adjustments based on financial necessity, the amendment helps prevent budget shortfalls that could disrupt the Board’s operations. Additionally, the structured fee adjustment process promotes transparency and accountability, ensuring that any changes align with statutory requirements while maintaining the Board’s ability to regulate the profession effectively.

The Board only regulates individuals. No businesses, organizations, or state and local governments will be affected by this administrative regulation. The Board currently has 1,136 registrants and certification holders. The Board anticipates 58 new applications annually.

The individuals identified in question (3) will be required to pay the increased application, renewal, late renewal, inactive renewal, and reinstatement fees to obtain and maintain registration or certification. To avoid higher penalties, registrants must ensure timely renewal within the required period. Additionally, they should stay informed about potential future fee adjustments, which may be approved by a super-majority vote at a public meeting open to public comment, and adjust their financial planning accordingly to account for the increased costs of licensure and renewal.

In complying with this amendment, each registrant or certification holder identified in question (3) will experience an increase in fees related to application, licensure renewal, late renewal, inactive renewal, and reinstatement. The application fee will increase from $150.00 USD to $225.00 USD, representing a $75.00 USD increase. The biennial renewal fee will increase from $175.00 USD to $250.00 USD, and the late biennial renewal fee for inactive licensees will increase from $225.00 USD to $300.00 USD, each also reflecting a $75.00 USD increase. The reinstatement fee for active licensees after the end of the ninety (90) day grace period and before the registration or certification is revoked will increase from $275.00 USD to $350.00 USD, a $75.00 USD increase. Additionally, the regulation specifies certain fees for inactive status that predate this amendment. These include a biennial inactive renewal fee of $100.00 USD, a late biennial renewal fee (inactive) of $175.00 USD, and a reinstatement fee from inactive status after the end of the ninety (90) day grace period and before the registration or certification is revoked of $200.00 USD. The amendment provides for a uniform cost without regard to odd or even numbered years.

As a result of compliance with this amendment, registrants and certification holders will benefit from a financially stable and operationally effective Board, ensuring the continued processing of applications, renewals, and reinstatements without service interruptions. The increased fees will allow the Board to cover administrative costs and operational expenses, maintaining its ability to regulate the profession and uphold licensing standards. Additionally, the structured fee adjustment process provides transparency and predictability, allowing registrants to plan for potential future increases while ensuring that any adjustments remain necessary and justifiable through a public approval process.

There is no cost associated with implementing this proposed administrative regulation.

There is no continuing cost associated with implementing this proposed administrative regulation.

The Board is funded exclusively through license application and renewal fees. The Board will fund any implementation and enforcement costs through its application, reinstatement, and renewal fees.

No increase in fees or funding will be necessary to implement the changes in this administrative regulation.

This administrative regulation does increase existing fees.

No. Tiering is not applied.

KRS 322A.030, KRS 322A.050, 322A.060, 322A.070.

The regulation is expressly authorized by KRS 322A.030, KRS 322A.040, KRS 322A.050, KRS 322A.060, and KRS 322A.070, all of which were enacted by the General Assembly.

The promulgating agency is the Kentucky Board of Registration for Professional Geologists, which operates under the umbrella of the Public Protection Cabinet. This agency is solely responsible for issuing and regulating licenses and certifications for geologists and geologists-in-training within the Commonwealth. No other state agencies, divisions, or governmental parts are impacted by this regulation beyond the Board itself.

There is no cost to administer this program for the first year.

There is no cost to administer this program for subsequent years.

The Board expects to realize an increase of approximately $81,225.00 USD in revenue in the first full year this administrative regulation is in effect compared to what would have been realized under the existing fee structure. Again, the first year for the amended regulation corresponds to the next renewal period in 2025.

The Board expects to realize an increase of approximately $42,600.00 USD in revenue in the year after the first year after this administrative regulation goes into effect compared to what the Board would have received under the existing fee structure. After that year, the Board predicts marginally less increased revenue for each two-year renewal period based on the number of registrants and certificate holders continuing to decline.

None. The regulation increases revenue but does not reduce the Board’s operating costs.

None. The Board’s expenses remain unchanged, and no savings are expected.

No local entities are affected by this administrative regulation. It applies solely to individual professional geologists and geologists-in-training and has no fiscal or administrative impact on local governments or their subdivisions.

None. Local governments aren’t involved in licensing or regulating professional geologists, so they won’t face any new costs.

None. This regulation remains limited in scope to state-level licensure.

None. No new revenue is generated for local entities.

None. Local governments are unaffected.

There are no savings - just a continuation of the status quo.

No cost reductions are expected.

The only regulated entities affected are individual professional geologists and geologists-in-training. No businesses, institutions, or non-governmental entities fall under the scope of this regulation.

Individual licensees and new applicants will pay slightly more - specifically, $75.00 more per transaction for things like applying for licensure or renewing it. For example, the application fee now stands at $225.00 instead of $150.00, and renewals increased from $175.00 to $250.00.

The fee increases will remain in place, so the added cost will continue with each renewal or application cycle. No other new expenses are expected.

Regulated individuals don’t stand to earn revenue from this change; it’s a licensing expense.

The same applies - this is purely a cost to comply with licensing requirements.

None. This change raises fees and doesn’t introduce any savings.

None. The regulation is about covering the Board’s operating needs, it does not decrease costs for licensees or the Board.

This regulation increases fees for professional geologists and geologists-in-training, which means individual licensees will pay more to apply, renew, or reinstate their licenses. While this does impose a modest financial impact on the regulated population, the tradeoff is necessary to keep the Board running smoothly and ensure it can continue processing licenses, enforcing standards, and maintaining oversight without disruption.

The conclusion was based on a side-by-side comparison of old and new fees, multiplied across the current number of licensees (just over 1,100). Even accounting for the fee increases, the overall financial effect on any individual remains limited and manageable.

No, this regulation will not have a “major economic impact” as that term is defined under Kentucky law. The fee increases - while meaningful to individual licensees - are modest in scope and limited in frequency, occurring primarily on a biennial basis. The financial obligations introduced by the regulation are proportional to the cost of administering the licensure program and are not expected to cause substantial economic hardship for the individuals or entities affected. For context, the most significant increase is $75.00 per application or renewal cycle, and no local governments or private businesses are impacted. Because of this narrow and limited fiscal reach, the regulation does not meet the threshold for major economic impact under KRS 13A.010(13).

This conclusion was reached by reviewing historical data on license and certification fee revenues, assessing how many individuals would be subject to the amended fees (currently 1,136 registrants), and projecting the total cost increase over the renewal cycle. The analysis considered the typical income levels of licensed geologists, the biennial renewal structure, and the fact that no other governmental or business entities are financially affected. Collectively, these factors confirmed that the economic impact remains moderate and does not rise to a statutory “major” level.