Title 601 | Chapter 023 | Regulation 050REG
PROPOSED
This document is not yet current.
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Motor Vehicle Licensing
(New Administrative Regulation)
601 KAR 23:050.Examination of Certificate of Title Applications by the Department of Vehicle Regulation utilizing available technologies or human persons to implement the directives set forth in KRS 186A.060 and 186A.170(4).
Section 1.
Definitions.(1)
"Cabinet" means the Kentucky Transportation Cabinet.(2)
"Department" means the Department of Vehicle Regulation, Division of Motor Vehicle Licensing.(3)
"Examination" means a review or audit of a completed title application with its supporting documents received from an applicant through a county clerk.(4)
"KAVIS" means Kentucky Automated Vehicle Information System, also known as the Kentucky Motor Vehicle Title and Registration System.(5)
"Supporting documents" means acceptable documents that support ownership to a vehicle, including court documents, power of attorney, towing and storage, and the documents listed in KRS 186.020(1) and 186A.060.(6)
"Title Application" means Transportation Cabinet's Form TC 96-182, an application for a Kentucky Certificate of Title and Registration.Section 2.
Documents or Items to be examined by the department, either by a human person or by an available technology to detect fraudulent documents, may include:(1)
Applicant's unique personal identifiable number;(2)
Branded Certificate of Titles;(3)
Court documents and power of attorney;(4)
Law Information Network Kentucky (LINK) verified;(5)
Mechanic liens and towing and storage;(6)
Mileage verification;(7)
National Crime Information Center (NCIC) verified;(8)
Signatures and notarizations;(9)
Vehicle chain of ownership; and(10)
Vehicle identification number, make, model, and year.Section 3.
Incorporation by Reference.(1)
Form TC 96-182, "Application for Kentucky Certificate of Title or Registration", January 2024, is incorporated by reference.(2)
A complete application for a certificate of title with its supporting documents may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Vehicle Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on Transportation Cabinet's Web site at drive.ky.gov.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: October 9, 2024
FILED WITH LRC: October 15, 2024 at 11:42 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2024, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by 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 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 11:59 p.m. on December 31, 2024. 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: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Phone: (502) 564-7650, Fax: (502) 564-5238, Email: jon.johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
It authorizes the Cabinet to utilize both human persons and any available technology to review and approve certificate of title applications.
(b) The necessity of this administrative regulation:
This regulation is required by KRS 186A.020.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administration regulation conforms by providing the use of emerging technology in the review of title applications as set forth in KRS 186A.170.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides a legal electronic verification system, when possible, otherwise, the use of human persons is required. (2) If this is an amendment to an existing administrative regulation, provide a summary of: N/A.
(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:
This is a new regulation and not an amendment.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation and not an amendment.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation and not an amendment.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation and not an amendment.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation only affects the Department in fulfilling the requirements as set forth in KRS 186A.170.
(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):
This new administrative regulation should enhance the speed of approving certificate of title applications by the Department.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost associated with implementing this administrative regulation.
(b) On a continuing basis:
There is no cost associated with implementing this administrative regulation. Paper reduction may reduce costs over time.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no cost associated with implementing this administrative regulation, therefore there is no source of the funding to be used for the implementation and enforcement of this administrative regulation.
(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:
There are no fees involved.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
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 186A.020 and KRS 186A.170
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Division of Motor Vehicle Licensing is the promulgating agency, Kentucky Transportation Cabinet and Department of Vehicle Regulation will also be affected.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should cause no effect on expenditures of the agency.
Revenues:
This administrative regulation should cause no effect on revenues of the agency.
Cost Savings:
This administrative regulation should cause no cost savings to the agency.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should cause no effect on the expenditures, revenues, or cost savings to the agency.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A?
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation shall not have any fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The review of the statutory authority shows no new fees are established. In addition, no existing fees have been increased. Implementation costs should be minimal. Therefore, the fiscal impact should be negligible.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
(b) The methodology and resources used to reach this conclusion:
Based upon the above suppositions and statutory framework, no additional fees or costs should be generated. The overall economic affect should be neutral.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
N/A.
(2) State compliance standards.
KRS 186A.170.
(3) Minimum or uniform standards contained in the federal mandate.
N/A.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Motor Vehicle Licensing
(New Administrative Regulation)
601 KAR 23:050.Examination of Certificate of Title Applications by the Department of Vehicle Regulation utilizing available technologies or human persons to implement the directives set forth in KRS 186A.060 and 186A.170(4).
Section 1.
Definitions.(1)
"Cabinet" means the Kentucky Transportation Cabinet.(2)
"Department" means the Department of Vehicle Regulation, Division of Motor Vehicle Licensing.(3)
"Examination" means a review or audit of a completed title application with its supporting documents received from an applicant through a county clerk.(4)
"KAVIS" means Kentucky Automated Vehicle Information System, also known as the Kentucky Motor Vehicle Title and Registration System.(5)
"Supporting documents" means acceptable documents that support ownership to a vehicle, including court documents, power of attorney, towing and storage, and the documents listed in KRS 186.020(1) and 186A.060.(6)
"Title Application" means Transportation Cabinet's Form TC 96-182, an application for a Kentucky Certificate of Title and Registration.Section 2.
Documents or Items to be examined by the department, either by a human person or by an available technology to detect fraudulent documents, may include:(1)
Applicant's unique personal identifiable number;(2)
Branded Certificate of Titles;(3)
Court documents and power of attorney;(4)
Law Information Network Kentucky (LINK) verified;(5)
Mechanic liens and towing and storage;(6)
Mileage verification;(7)
National Crime Information Center (NCIC) verified;(8)
Signatures and notarizations;(9)
Vehicle chain of ownership; and(10)
Vehicle identification number, make, model, and year.Section 3.
Incorporation by Reference.(1)
Form TC 96-182, "Application for Kentucky Certificate of Title or Registration", January 2024, is incorporated by reference.(2)
A complete application for a certificate of title with its supporting documents may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Vehicle Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on Transportation Cabinet's Web site at drive.ky.gov.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: October 9, 2024
FILED WITH LRC: October 15, 2024 at 11:42 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2024, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by 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 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 11:59 p.m. on December 31, 2024. 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: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, Phone: (502) 564-7650, Fax: (502) 564-5238, Email: jon.johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
It authorizes the Cabinet to utilize both human persons and any available technology to review and approve certificate of title applications.
(b) The necessity of this administrative regulation:
This regulation is required by KRS 186A.020.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administration regulation conforms by providing the use of emerging technology in the review of title applications as set forth in KRS 186A.170.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides a legal electronic verification system, when possible, otherwise, the use of human persons is required. (2) If this is an amendment to an existing administrative regulation, provide a summary of: N/A.
(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:
This is a new regulation and not an amendment.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation and not an amendment.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation and not an amendment.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation and not an amendment.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation only affects the Department in fulfilling the requirements as set forth in KRS 186A.170.
(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):
This new administrative regulation should enhance the speed of approving certificate of title applications by the Department.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost associated with implementing this administrative regulation.
(b) On a continuing basis:
There is no cost associated with implementing this administrative regulation. Paper reduction may reduce costs over time.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no cost associated with implementing this administrative regulation, therefore there is no source of the funding to be used for the implementation and enforcement of this administrative regulation.
(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:
There are no fees involved.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
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 186A.020 and KRS 186A.170
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Division of Motor Vehicle Licensing is the promulgating agency, Kentucky Transportation Cabinet and Department of Vehicle Regulation will also be affected.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should cause no effect on expenditures of the agency.
Revenues:
This administrative regulation should cause no effect on revenues of the agency.
Cost Savings:
This administrative regulation should cause no cost savings to the agency.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should cause no effect on the expenditures, revenues, or cost savings to the agency.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A?
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation shall not have any fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The review of the statutory authority shows no new fees are established. In addition, no existing fees have been increased. Implementation costs should be minimal. Therefore, the fiscal impact should be negligible.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
(b) The methodology and resources used to reach this conclusion:
Based upon the above suppositions and statutory framework, no additional fees or costs should be generated. The overall economic affect should be neutral.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
N/A.
(2) State compliance standards.
KRS 186A.170.
(3) Minimum or uniform standards contained in the federal mandate.
N/A.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A