Title 502 | Chapter 010 | Regulation 020
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This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
JUSTICE AND PUBLIC SAFETY CABINET
Department of State Police
(Amendment)
502 KAR 10:020.Department facilities; facility inspection; conflict of interest.
Section 1.
General Prohibitions on Premises.(1)
No driver training school instructor, employee, or agent will be permitted to loiter in or on premises rented, leased, owned, or used by the department.(2)
No driver training school instructor, employee or agent shall be permitted to personally solicit any individual on premises rented, leased, owned, or used by the department for the purpose of enrolling them in any driver training school.(3)
Practice driving is prohibited on testing areas used by the department while driving tests are in progress.Section 2.
Inspections.(1)
A driver training school shall permit any authorized representative of the department to inspect the school at any time.(2)
The driver training school shall make available to the department full information relating to data contained in its application forms and shall permit the department's representative to makeSection 3.
No person whose duties relate in any way to the issuance of motor vehicle operator's license nor any employee of the department, nor any member of his immediate family, shall be connected in any capacity whatsoever with a driver training school.PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on 8:00 a.m. on November 22, 2021 at 4449 Kit Carson Drive, Funderburk Building, Richmond, Kentucky 40475. 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 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 November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
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 department premises, facility inspections, and conflict of interest.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 15A.160 and KRS 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 KRS 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.
(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.
(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 KRS 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?
. 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 KRS 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.
JUSTICE AND PUBLIC SAFETY CABINET
Department of State Police
(Amendment)
502 KAR 10:020.Department facilities; facility inspection; conflict of interest.
Section 1.
General Prohibitions on Premises.(1)
No driver training school instructor, employee, or agent will be permitted to loiter in or on premises rented, leased, owned, or used by the department.(2)
No driver training school instructor, employee or agent shall be permitted to personally solicit any individual on premises rented, leased, owned, or used by the department for the purpose of enrolling them in any driver training school.(3)
Practice driving is prohibited on testing areas used by the department while driving tests are in progress.Section 2.
Inspections.(1)
A driver training school shall permit any authorized representative of the department to inspect the school at any time.(2)
The driver training school shall make available to the department full information relating to data contained in its application forms and shall permit the department's representative to make copies of school records required by the department.Section 3.
No person whose duties relate in any way to the issuance of motor vehicle operator's license nor any employee of the department, nor any member of his immediate family, shall be connected in any capacity whatsoever with a driver training school.PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on 8:00 a.m. on November 22, 2021 at 4449 Kit Carson Drive, Funderburk Building, Richmond, Kentucky 40475. 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 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 November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
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 department premises, facility inspections, and conflict of interest.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to carry out the provisions of KRS 15A.160 and KRS 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 KRS 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.
(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.
(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 KRS 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?
. 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 KRS 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.