Title 725 KAR — Education, Arts, and Humanities Cabinet - Department of Libraries and Archives

Chapter 1 Archives

725 KAR 1:010 Records officers; duties {#sec-725-kar-1-010 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:010}

Section 1. Each constitutional, statutory, and executive authority of state and local government shall designate a member of the staff as records officer, whose duty shall be to represent that unit of government in its relations with the Division of Archives and Records Management.

Section 2. Duties and responsibilities of each records officer shall be as established in subsection (1) of this section.

(1) The records officer shall assist the Division of Archives and Records Management in inventorying, analyzing, and scheduling disposition of records of the records officer's unit of government, or in any manner approved by the agency head that could tend to establish an efficient system of records management.

(2) The records officer shall keep a record of the destruction of public records, noting the authorization for destruction and the amount and date span of records destroyed.

Section 3. The records officer shall keep a record of the transfer of public records to the State Archives and Records Centers, including the records transferred, date of transfer, and location in the State Archives and Records Centers.

Section 4.

(1) A state or local agency shall not destroy any original records after the records are microfilmed, digitized, duplicated, or reformatted without written approval of the Department for Libraries and Archives, as established in the Destruction of Public Records: A Procedural Guide.

(2) The records officer shall keep a record of the destruction of public records, noting the authorization for destruction and the amount of records destroyed. The records officer shall make an annual report of this record to a designated superior and to the State Archivist.

Section 5. Incorporation by Reference.

(1) "Destruction of Public Records: A Procedural Guide", November 2021, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

History

• RELATES TO: KRS Chapter 171
• STATUTORY AUTHORITY: KRS 171.450
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450 requires the department to promulgate administrative regulations governing the procedures for retention scheduling of public records, disposal of public records, and for the transfer of public records to the State Archives or Records Centers. This administrative regulation establishes uniformity and continuity with regard to public records.
• History: 2 Ky.R. 535; eff. 7-7-1976; 48 Ky.R. 556; 2213; eff. 5-3-2022; TAm eff. 11-10-2022.

725 KAR 1:020 Recording and reproducing public records {#sec-725-kar-1-020 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:020}

Section 1. Recording shall be done on paper, microform, or in a digital format.

Section 2. If the recording is done on paper, it shall be done on thirty-two (32) weight, 100 percent linen paper.

Section 3. If the recording is done on microfilm, microfiche, or some other type of microform, the agency shall follow the standards and procedures in Microfilming and Digital Imaging of Public Records: A Procedural Guide.

Section 4. If the recording is in a digital format or reformatted to a digital image, the agency shall follow the standards in Microfilming and Digital Imaging of Public Records: A Procedural Guide, Policy Memorandum on the Storage of Public Records as Scanned Images, and Ensuring Long-term Accessibility and Usability of Textual Records Stored as Digital Images: Guidelines for State and Local Government Officials.

Section 5.

(1) A state or local agency shall not destroy any original records after the records are microfilmed, digitized, duplicated, or reformatted without written approval of the State Archivist as established in 725 KAR 1:030.

(2) A state or local agency shall follow the retention and disposition schedules established by the State Libraries, Archives, and Records Commission in 725 KAR 1:061.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Microfilming and Digital Imaging of Public Records: A Procedural Guide", January 2010;

(b) "Policy Memorandum on the Storage of Public Records as Scanned Images, PM 2010-01", January 2010; and

(c) "Ensuring Long-term Accessibility and Usability of Textual Records Stored as Digital Images: Guidelines for State and Local Government Officials", January 2010.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Archives and Records Management, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9:00 a.m. to 4:00 p.m.

History

• RELATES TO: KRS 61.870, 171.420(3), 171.450(1)(c), 171.600, 171.670
• STATUTORY AUTHORITY: KRS 171.450(1)(c), 171.660
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450(1)(c) requires the department to establish standards and procedures for recording, managing, preserving, and reproducing public records. KRS 171.660 requires that state and local agencies shall reproduce and preserve public records according to administrative regulations promulgated by the department. KRS 171.420(3) requires the State Libraries, Archives, and Records Commission to be the final authority for the disposition of all public records in Kentucky. This administrative regulation establishes the standards to be followed for the recording or reproducing of public records.
• History: 2 Ky.R. 535; eff. 7-7-1976; 36 Ky.R. 1334; 1955; 2059-M; eff. 4-2-2010; 48 Ky.R. 558; 2214; eff. 5-3-2022; TAm eff. 11-10-2022.

725 KAR 1:025 Transfer of public records {#sec-725-kar-1-025 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:025}

Section 1. Definitions.

(1) "Intellectual custody" means legal ownership and responsibility for governing access to materials, regardless of their physical location.

(2) "Physical custody" means actual care and control of records for storage, security, and preservation.

(3) "Public record" is defined by KRS 171.410(1).

(4) "Transmittal documentation" means a list of records being transferred from an agency to the State Archives or the State Records Centers.

Section 2. For physical transfer of public records from government agencies to one (1) of the facilities of the Department for Libraries and Archives, the agency shall follow the standards and procedures in Transfer of Public Records: A Procedural Guide. Transmittal documentation shall confirm the transfer of government records in all instances.

Section 3.

(1) Intellectual custody of records in the physical custody of the State Records Center shall remain with the originating agency.

(2) Physical and intellectual custody of records in the State Archives Center and the Kentucky State Digital Archives shall be transferred to the Department for Libraries and Archives upon accession into the Archives, in accordance with KRS 171.590.

(3) Records fifty (50) years or older that are not in the department's custody may be directed for transfer for continuing preservation and public access in accordance with KRS 171.580(2), subject to the exemptions of KRS 61.878.

Section 4. Incorporation by Reference.

(1) "Transfer of Public Records: A Procedural Guide", January 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Archives and Records Management, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9:00 a.m. to 4:00 p.m.

History

• RELATES TO: KRS 61.878, 171.420, 171.470, 171.480, 171.500, 171.520, 171.550, 171.580, 171.590
• STATUTORY AUTHORITY: KRS 171.520(1), (3), 171.560
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.560 requires the department to promulgate administrative regulations governing the transfer of public records. This administrative regulation establishes the requirements for the transfer of public records from governmental agencies to the department.
• History: 36 Ky.R. 1398; 2060-M; eff. 4-2-2010; 48 Ky.R. 559; eff. 5-3-2022; TAm eff. 11-10-2022.

725 KAR 1:030 Scheduling public records for retention and disposal; procedures {#sec-725-kar-1-030 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:030}

Section 1. State and local agencies follow the procedures for scheduling public records for retention and disposal described in Records Retention Scheduling: A Procedural Guide.

Section 2. State and local agencies shall follow the procedures for disposing of eligible public records described in Destruction of Public Records: A Procedural Guide.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Records Retention Scheduling: A Procedural Guide", July 2008; and

(b) "Destruction of Public Records: A Procedural Guide", July 2008.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Archives and Records Management, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9:00 a.m. to 4:00 p.m.

History

• RELATES TO: KRS 171.450
• STATUTORY AUTHORITY: KRS 171.450, 171.580
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450(1)(a) and (b) require the department to establish procedures for the compilation and submission to the department of lists and schedules of public records proposed for disposal and to establish procedures for the disposal or destruction of public records authorized for disposal or destruction. KRS 171.580 authorizes the department to accept for deposit in the State Archives Center the records of any state or local agency that are determined by the department to have sufficient historical or other value. This administrative regulation establishes provisions for the retention and disposal of public records.
• History: 2 Ky.R. 536; eff. 7-7-1976; 34 Ky.R. 398; 792; 982; eff. 12-7-2007; 35 Ky.R. 398; 820; eff. 10-31-2008; 48 Ky.R. 561; 2214; eff. 5-3-2022; TAm eff. 11-10-2022.

725 KAR 1:040 Collection and distribution of reports and publications {#sec-725-kar-1-040 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:040}

Section 1. Definitions.

(1) "Department" is defined by KRS 171.410(2).

(2) "Division" means Division of Archives and Records Management in the Department for Libraries and Archives.

(3) "Records officer" means the public agency employee who represents that unit of government in its relations with the division, as established in 725 KAR 1:010.

(4) "State publication" means a publication in any format that is produced by the authority of, or at the total or partial expense of, a state agency, and is required to be distributed under law by the agency, is publicly distributed outside the agency, is displayed on a public agency Web site, or is made available electronically by any other means.

Section 2.

(1) The records officer of each agency or department of state government shall be responsible for depositing with the Department for Libraries and Archives, Division of Archives and Records Management, three (3) copies of each report and publication issued on paper by that agency for general public distribution or one (1) electronic copy. Publications shall be forwarded to the division on the date of issue.

(2) The records officer of each agency shall be responsible for depositing with the division one (1) copy of each state publication held in electronic format or issued for general public distribution on the agency's Web site.

(a) Each publication shall be forwarded to the division on the date of issue.

(b) The agency shall forward electronic publications to the division in Adobe Portable Document Format (PDF).

(c) Agencies shall follow the guidelines contained in Kentucky Information Technology Standards (KITS), https://cgp.ky.gov/sites/COTPUBDOCS/Standards/KITS_Report.pdf.

Section 3.

(1) Each agency shall notify the division in writing of the name of its records officer, as the agency employee who represents that unit of government in its relations with the division. The records officer shall submit to the division in writing, a complete list of the agency's current state publications in all formats, annually, at the end of each fiscal year, and upon request.

(2) If a records officer is unsure whether or not particular published material constitutes a state publication, the records officer may consult the Division of Archives and Records Management.

Section 4.

(1) Once submitted, state publications in all formats shall be reviewed for addition to the State Publications Collection at the department. Nonstate publications or paper copies in excess of the required three (3) may be discarded.

(2) Once added to the State Publications Collection, publications shall be listed on the department's Web site for general public access.

History

• RELATES TO: KRS 171.500
• STATUTORY AUTHORITY: KRS 171.450
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450 requires the department to establish procedures for collection and distribution by the central depository of all reports and publications issued by any department, board, commission, officer, or other agency of the commonwealth for general public distribution. This administrative regulation establishes collection and distribution procedures for reports and publications.
• History: 2 Ky.R. 536; eff. 6-2-1976; 31 Ky.R. 1200; 1408; eff. 3-3-2005; 48 Ky.R. 562; 2215; eff. 5-3-2022; TAm eff. 11-10-2022.

725 KAR 1:050 Records management program {#sec-725-kar-1-050 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:050}

Section 1. Eligibility of Applicants. Any local government office interested in improving the management and preservation of its public records may apply for a grant under the local records program by completing application forms available through the department. For the purposes of this program, a local government office shall mean a "public agency" as defined by KRS 171.410(4).

Section 2. Application Procedures. All applications shall be submitted on the Local Records Program Grant Application portal and include a detailed project description, plan of work, and budget request. Additional guidance is established in the Local Records Program Grant Guidelines. Entries on the application form and any required supporting documents shall be completed as fully as possible, with additional sheets attached if necessary. In signing the application and in accepting a grant award, applicants agree, in carrying out their projects, to abide by the criteria established in this administrative regulation.

Section 3. Categories for Funding. Any project to improve the management and preservation of local public records shall be considered. Categories for funding include:

(1) Security microfilming permanent, vital, or archival records. Security microfilms created with Local Records Program Grant (LRPG) funds shall adhere to the standards and procedures defined in Microfilming and Digital Imaging of Public Records: A Procedural Guide. A certified micrographics laboratory or vendor shall be used. A list of currently certified laboratories may be obtained from the department's website;

(2) Creating digital counterparts or digital indexes of born-analog permanent, vital, or archival records. Digital images or indexes created with LRPG funds shall adhere to standards and procedures described in Microfilming and Digital Imaging of Public Records: A Procedural Guide;

(3) Records preservation, conservation, or restoration projects for at risk or affected permanent, vital, or archival records. These projects shall adhere to current archival best practice and standards. These projects may include services to preserve at-risk records or mitigation of existing damage;

(4) Purchasing supplies and equipment that promote preservation, conservation, or restoration of permanent, vital, or archival records;

(5) Establishing a local government records management program or archives. This may include salary for hiring new staff. These funds shall not be designed for ongoing support, and they shall not be used to replace salary funds already being expended by a local government. Salary support shall only be used for compensation of wages up to forty (40) hours per week, and shall not be used for overtime, taxes, or any other fringe benefits;

(6) Arranging and describing permanent, vital, or archival records, according to generally accepted professional standards of records management and archival theory and practice;

(7) Codification of ordinances, orders, resolutions, motions, and other government documents for cities and counties. Codification projects shall adhere to Policy Memorandum on Approved Codification Services Vendors and Codification Grant Applicants/Recipients (PM 2021-01); and

(8) Limited records management for records with less than permanent retention to assist in maintaining usability and accessibility for the entirety of the defined retention period. Records management tasks for these records may include purchase of storage, projects to provide for long-term storage, or access of records with multiple retentions. These projects shall have clearly defined, specific, and time-limited parameters and be recognizable as part of established records management policies, procedures, and goals for the public agency. These funds shall not be used for ongoing records management support.

Section 4. Grant Award Periods. Grants shall be awarded throughout a state fiscal year on a quarterly schedule as established in Section 5 of this administrative regulation.

Section 5. Grant Application Review and Evaluation. All applications shall be reviewed by KDLA staff to ensure compliance with the application requirements established in this administrative regulation. All qualified applications shall be reviewed by an Advisory Group of the State Libraries, Archives, and Records Commission using the criteria established in this administrative regulation. Applications shall be submitted by March 15, June 15, September 15, and December 31. Ranked recommendations shall be presented to the State Libraries, Archives, and Records Commission at the next regular meeting, or special meeting called to reschedule a regular meeting. The State Libraries, Archives, and Records Commission shall make the final decision on grant awards using the criteria established in Section 6 of this administrative regulation.

Section 6. Grant Review Criteria. In reviewing applications and recommending the funding of specific projects, reviewers shall consider:

(1) If the category for funding fits within the scope of projects outlined in Section 3 of this administrative regulation;

(2) Urgency of the problem, such as significance and age of the records. Precedence shall be given to local government applicants with critical records problems, those with older records, and those with chronologically complete groupings of records;

(3) Value and equity in the distribution of grants. The program shall include various types and sizes of local governments, and provide geographic distribution of grants;

(4) Alignment of the proposed methods with accepted professional standards of records management and archival theories and practices;

(5) Adequate security and protection of records. Local governments shall house records in fire-resistant facilities, or state how the proposed project shall safeguard the records in question pursuant to KRS 171.710;

(6) Compliance with all legal requirements regarding custody and public access. This shall include complying with the requirements of the state's Open Records Law pursuant to KRS 61.870-876 and providing access to the public in an area with proper security and supervision;

(7) Commitment by the local government to a comprehensive records management program. This shall include regular legal disposition of records in accordance with the records retention schedules covering the records of a local government agency, and may also include files control, segregation of inactive or noncurrent material from active files, selective microfilming if appropriate, and training of records personnel in records management standards;

(8) Ninety (90) percent of the grant funds shall be awarded to county clerks unless insufficient qualified applications are received from county clerks; and

(9) If the proposed project was previously funded by LRPG..]

Section 7. Appeals.

(1) An applicant who believes his or her application was wrongly denied by the State Libraries, Archives, and Records Commission may file an appeal with the commissioner of the department.

(2) Procedures.

(a) A formal letter of appeal shall be sent via email or postal mail to the commissioner of the department within five (5) working days of receipt of notice of rejection.

(b) The appeal shall include a brief description of why the applicant believes the decision of the State Libraries, Archives, and Records Commission is in error. The decision of the State Libraries, Archives, and Records Commission shall not be overturned unless there is clear and convincing evidence that the decision violated this administrative regulation. New information shall not be considered in the appeal.

(c) The commissioner of the department shall issue a decision within five (5) working days of receipt of the letter of appeal.

(d) An applicant who is dissatisfied with the commissioner's decision may appeal to Franklin Circuit Court pursuant to KRS 13B.140.

Section 8. Local governments that are awarded grants shall enter into a grant contract with the department. The contract shall establish performance and reporting requirements. Failure to fulfill the requirements may result in the return of the grant funds to the department and may affect future funding considerations.[][

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Local Records Program Grant Guidelines", June 2025.

(b) "Microfilming and Digital Imaging of Public Records: A Procedural Guide", June 2025; and

(c) "Policy Memorandum on Approved Codification Services Vendors and Codification Grant Applicants/Recipients, PM 2021-11", November 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

(3) This material may also be obtained on the department's website at https://kdla.ky.gov/Policies/Pages/default.aspx.

History

• RELATES TO: KRS 13B.140, Chapter 171
• STATUTORY AUTHORITY: KRS 171.450(2), 171.520
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.450(2) requires the department to enforce the provisions of KRS 171.410 to 171.740 by appropriate rules and administrative regulations. KRS 171.520 requires the department to prescribe the policies and principles to be followed by state and local agencies in the conduct of their records management programs; to ensure the maintenance and security of records deemed appropriate for preservation; and to facilitate the segregation and disposal of records of temporary value and to promote the effective and economical use of space, equipment, and supplies needed for the purpose of creating, maintaining, and servicing records. KRS 171.520 authorizes the department to administer and grant any money appropriated to it for providing and improving records management programs of state and local agencies. This administrative regulation establishes uniform policies in the administration of grants to local governments for the improvement of records management programs.
• History: 725 KAR 001:050. 13 Ky.R. 604; eff. 10-2-1986; 48 Ky.R. 564, 2215; eff. 5-3-2022; 52 Ky.R. 622, 1131; eff. 4-7-2026.

725 KAR 1:061 Records retention schedules; authorized schedules {#sec-725-kar-1-061 omnilex-key=us-ky-regs-official--title-725--725 KAR 1:061}

Section 1. Schedules.

(1) A Kentucky state government agency shall comply with:

(a) Records Retention Schedule, General Schedule for State Agencies;

(b) Records Retention Schedule, General Schedule for Electronic and Related Records; and

(c) The approved applicable schedule for the specific agency from among the following:

1. Records Retention Schedule, Department of Agriculture:

2. Records Retention Schedule, Auditor of Public Accounts;

3. Records Retention Schedule, Economic Development Cabinet;

4. Records Retention Schedule, Education and Labor Cabinet;

5. Records Retention Schedule, Energy and Environment Cabinet;

6. Records Retention Schedule, Finance and Administration Cabinet;

7. Records Retention Schedule, General Government;

8. Records Retention Schedule, Office of the Governor;

9. Records Retention Schedule, Cabinet for Health and Family Services;

10. Records Retention Schedule, Justice and Public Safety Cabinet;

11. Records Retention Schedule, Department of Law;

12. Records Retention Schedule, Labor Cabinet;

13. Records Retention Schedule, Legislative Branch;

14. Records Retention Schedule, Office of the Lieutenant Governor;

15. Records Retention Schedule, Personnel Cabinet;

16. Records Retention Schedule, Public Protection Cabinet;

17. Records Retention Schedule, Office of the Secretary of State;

18. Records Retention Schedule, Tourism, Arts and Heritage Cabinet;

19. Records Retention Schedule, Transportation Cabinet; or

20. Records Retention Schedule, Department of the Treasury.

(2) State universities and the Kentucky Community and Technical College System shall comply with the Records Retention Schedule, State University Model.

(3) Kentucky local government agencies shall comply with:

(a) Records Retention Schedule, Local Government General Records Schedule;

(b) Records Retention Schedule, General Schedule for Electronic and Related Records; and

(c) The approved applicable schedule for the specific agency from among the following:

1. Records Retention Schedule, Area Development District;

2. Records Retention Schedule, County Attorney;

3. Records Retention Schedule, County Clerk;

4. Records Retention Schedule, County Coroner;

5. Records Retention Schedule, County Judge Executive;

6. Records Retention Schedule, County Sheriff;

7. Records Retention Schedule, County Treasurer;

8. Records Retention Schedule, County Jailer;

9. Records Retention Schedule, Lexington Fayette Urban County Government;

10. Records Retention Schedule, Public Library and Library Board;

11. Records Retention Schedule, Local Health Department;

12. Records Retention Schedule, Louisville Metro Government;

13. Records Retention Schedule, Municipal Government;

14. Records Retention Schedule, Public School District (K-12/Central Office); or

15. Records Retention Schedule, Kenton County Airport Board.

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Records Retention Schedule, General Schedule for State Agencies", 2014;

(b) "Records Retention Schedule, General Schedule for Electronic and Related Records", 2014;

(c) "Records Retention Schedule, Department of Agriculture", 2014;

(d) "Records Retention Schedule, Auditor of Public Accounts", 2014;

(e) "Records Retention Schedule, Economic Development Cabinet", 2014;

(f) "Records Retention Schedule, Education and Labor", 2014;

(g) "Records Retention Schedule, Energy and Environment Cabinet", 2014;

(h) "Records Retention Schedule, Finance and Administration Cabinet", 2014;

(i) "Records Retention Schedule, General Government", 2014;

(j) "Records Retention Schedule, Office of the Governor", 2014;

(k) "Records Retention Schedule, Cabinet for Health and Family Services", 2014;

(l) "Records Retention Schedule, Justice and Public Safety Cabinet", 2014;

(m) "Records Retention Schedule, Department of Law", 2014;

(n) "Records Retention Schedule, Labor Cabinet", 2014;

(o) "Records Retention Schedule, Legislative Branch", 2014;

(p) "Records Retention Schedule, Office of the Lieutenant Governor", 2014;

(q) "Records Retention Schedule, Personnel Cabinet", 2014;

(r) "Records Retention Schedule, Public Protection Cabinet", 2014;

(s) "Records Retention Schedule, Office of the Secretary of State", 2014;

(t) "Records Retention Schedule, Tourism, Arts and Heritage Cabinet", 2014;

(u) "Records Retention Schedule, Transportation Cabinet", 2014;

(v) "Records Retention Schedule, Department of the Treasury", 2014;

(w) "Records Retention Schedule, State University Model", 2014;

(x) "Records Retention Schedule, Local Government General Records Schedule", 2014;

(y) "Records Retention Schedule, Area Development District", 2014;

(z) "Records Retention Schedule, County Attorney", 2014;

(aa) "Records Retention Schedule, County Clerk", 2014;

(bb) "Records Retention Schedule, County Coroner", 2014;

(cc) "Records Retention Schedule, County Judge Executive", 2014;

(dd) "Records Retention Schedule, County Sheriff", 2014;

(ee) "Records Retention Schedule, County Treasurer", 2014;

(ff) "Records Retention Schedule, County Jailer", 2014;

(gg) "Records Retention Schedule, Lexington Fayette Urban County Government", 2014;

(hh) "Records Retention Schedule, Public Library and Library Board", 2014;

(ii) "Records Retention Schedule, Local Health Department", 2014;

(jj) "Records Retention Schedule, Louisville Metro Government", 2014;

(kk) "Records Retention Schedule, Municipal Government", 2014;

(ll) "Records Retention Schedule, Public School District (K-12/Central Office)", 2014; and

(mm) "Records Retention Schedule, Kenton County Airport Board", 2014.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Archives and Records Management, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9:00 a.m. to 4:00 p.m.

History

• RELATES TO: KRS 171.420(3), 171.450
• STATUTORY AUTHORITY: KRS 171.450
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.420(3) requires the State Libraries, Archives, and Records Commission to be the final authority for the disposition of all public records in Kentucky. KRS 171.450(1)(a) requires the department to establish procedures for the compilation and submission to the department of lists and schedules of public records proposed for disposal. KRS 171.450(2) requires the department to promulgate administrative regulations to enforce the provision of KRS 171.410 through 171.740. This administrative regulation establishes records retention and disposition schedules that state and local agencies shall follow for retention and disposition of public records.
• History: 34 Ky.R. 793; 983; eff. 12-7-2007; 37 Ky.R. 969; 11-5-2010; 38 Ky.R. 1493; eff. 5-4-2012; 41 Ky.R. 2353; eff. 7-13-2015; 48 Ky.R. 566, 2217; eff. 5-3-2022; TAm eff. 11-10-2022.

Chapter 2 Libraries

725 KAR 2:015 Public library facilities construction {#sec-725-kar-2-015 omnilex-key=us-ky-regs-official--title-725--725 KAR 2:015}

Section 1. Definitions.

(1) "Application packet" means the packet of materials KDLA sends to each applicant library, containing:

(a) A copy of the MOA currently being used;

(b) A copy of this administrative regulation;

(c) The criteria used to determine minimum matching requirements; and

(d) Other relevant material needed for completion of an application for assistance.

(2) "Architect" is defined by KRS 323.010(2).

(3) "Available local revenue" means the annual local funds available to pay down debt, not expected to decrease the level of normal and customary programs and services offered by the public library.

(4) "Award of assistance" means the annual grant payment awarded, for a period of not more than twenty (20) years, to a local public library to pay down debt incurred to construct or renovate a local public library facility.

(5) "Construction grant coordinator" means a consultant designated by KDLA for the purpose of coordinating and consulting with Kentucky public libraries on construction grant issues.

(6) "Engineer" means "professional engineer" as defined by KRS 322.010(3).

(7) "KDLA" means the Kentucky Department for Libraries and Archives.

(8) "Local board" means:

(a) The local public library board of trustees established under KRS 173.040, 173.340, 173.480, or 173.725; or

(b) The official local governing body responsible for the operations of a local public library.

(9) "MOA" or "memorandum of agreement" means the written, long-term agreement between KDLA and a library awarding a PLFC Fund Grant to pay down debt incurred to finance a library facilities construction or renovation project, including each term and condition agreed to and stipulated by each party on the memorandum of agreement.

(10) "PLFC fund grant" means the annual grant awarded by KDLA, over a period of not more than twenty (20) years, to a local public library or governing body to assist in the payment of debt incurred to construct or renovate local public library facilities.

(11) "Public library" is defined by KRS 171.125(2).

(12) "Punch list" means an inventory of work that remains to be completed and signed by the owner, the architect, and the contractor, to show that they agree the items on the list represent the work that remains to be done.

(13) "Responsible bidder" means a person, business, or organization that has the capability in all respects to perform fully the contract requirements, and the integrity and reliability to assure good faith performance.

(14) "State librarian" means the official established at KRS 171.130.

(15) "Written building program" means a textual description, often in bullet-point form, of the proposed facility and the spaces within the facility. It will establish construction items such as square footages, building systems, building materials and finishes, space adjacencies, utility and data requirements, furniture needs, and collection spaces.

Section 2. Stipulations and Conditions.

(1) A public library building shall be constructed in compliance with the:

(a) Uniform State Building Code, KRS 198B.050, as administered by the Kentucky Office of Housing, Buildings and Construction, KRS 198B.032 ;

(b) Standards of Safety related to fire prevention and protection, KRS 227.300;

(c) The Americans With Disabilities Act of 1990, 42 U.S.C. 12101;

(d) Workers' Compensation and Unemployment Insurance, KRS Chapters 341 and 342; and[

(e) The Civil Rights Act, KRS Chapter 344.

(2) The local board of a public library applying for assistance from the PLFC fund shall comply with the KDLA requirements established in paragraphs (a) through (i) of this subsection.

(a) A building or renovation shall be planned, and construction shall be supervised by an architect or engineer whose credentials have been confirmed by KDLA.

(b) A contract for an architectural or construction service shall be in a standard form used by the American Institute of Architects.

1. Information about American Institute of Architects forms and where they may be obtained is available on the Institute's Web site, www.aia.org, and on the Web site of the Kentucky Society of the American Institute of Architects, www.aiaky.org.

2. An architect shall maintain professional liability insurance, including errors and omission insurance, in accordance with the limits established in the construction grant contract.

(c) Each plan for construction that supports an open floorplan and is supportive of a functionally flexible library shall be approved by KDLA.

(d) The site and facility shall be owned by the local board. KDLA shall approve an alternative facility ownership or use arrangement if it is determined by KDLA to be in the best interest of the state, the local board, and the population served by that library. An applicant shall request KDLA approval for a proposed site prior to purchasing the site. A letter indicating approval or disapproval shall be sent to the local board by KDLA. Property not approved shall be ineligible for construction funds. A building owned by a local county or city government shall be approved if an authoritative letter is obtained establishing the local board's right of possession and use of the building for at least twenty (20) years.

(e) Purchase of an existing building for conversion to library use shall qualify for a PLFC fund grant if:

1. A structural engineer or architect certifies that the building is structurally sound and suitable for conversion;

2. The existing building is of open construction, supportive of a functionally flexible library; and

3. The service and economic considerations for conversion outweigh the service and economic considerations for construction of a new building.

(f) A library building constructed using KDLA funds shall:

1. Remain open to the public; and

2. Maintain appropriately-qualified library personnel.

(g) An application shall include:

1. A written building program; and

2. A current long-range plan.

(h) A project shall:

1. Demonstrate a plan for future growth; and

a. Meet KDLA minimum standards for a public library facility; or

b. Be included in a countywide master facility plan designed to meet KDLA minimum standards within a reasonable time, with reference to the Kentucky State Data Center's ten (10) year median population projection.

(i) A local board shall provide free countywide library services, without discrimination, to the citizens of the county in which the public library facility is located.

Section 3. Application for Assistance.

(1) Preceding each fiscal year that funding is available through the PLFC fund, KDLA shall distribute an Intent to Apply notice to every public library in the Commonwealth. A library intending to apply for assistance for the following fiscal year shall submit to KDLA a Notification of Intent to Apply.

(2) KDLA shall send the following to each public library requesting fund assistance:

(a) Notification of the amount of funds available for PLFC grants; and

(b) An application packet.

(3) An incomplete or late application shall not be considered unless the delay will not interfere with the awarding of the PLFC grants and there is a documented, unusual circumstance as established in subsection (4) of this section.

(4) An unusual circumstance shall include a delay by a third party in certifying that the proposed site is not located in a flood plain or other documented circumstance beyond the control of the local board.

Section 4. Review of Applications for Assistance From the PLFC Fund.

(1) KDLA shall establish a construction review committee to:

(a) Review applications; and

(b) Recommend to the state librarian the applicants considered eligible for a PLFC fund award.

(2) The committee shall be composed of five (5) members.

(a) The state librarian shall appoint two (2) Division of Library Services consultants, to serve a term of one (1) year.

(b) The state librarian shall appoint two (2) members each of whom has been involved, within the previous eight (8) years, in the completion of a building project valued at a minimum of $500,000. Each member shall be a:

1. Library director;

2. Trustee; or

3. Staff member.

(c) The construction grant coordinator shall serve:

1. For the duration of his or her position; and

2. As nonvoting chair of the committee.

(d) The state librarian shall appoint a replacement for a member unable to complete his or her term.

(3) KDLA shall establish the Construction Review Committee – Preliminary Score Sheet to rank the PLFC fund award:.

(4) The criteria for award shall be:

(a) Need:

1. Assessment of existing facilities and service;

2. Analysis of population data;

3. Minimum square footage;

4. Available local revenue; and[

5. State library and library association standards;

(b) Planning: the extent to which the proposed facility addresses the applicant library's long-range plan for services;

(c) Partnerships: the extent to which the project strengthens the applicant library's relationship with other organizations in the service area;

(d) Project budget: the extent to which the applicant library's project budget addresses anticipated expenditures, including at least five (5) percent for contingency;

(e) Local contribution to the annual debt retirement shall be as established in subparagraphs 1. through 3. of this paragraphs.

1. For applicant libraries with annual revenue from all sources of less than $100,000, a minimum yearly contribution to the annual debt retirement payments for this project shall be $1,000.

2. For applicant libraries with annual revenue from all sources of at least $100,000 but less than $500,000, a minimum yearly contribution to the annual debt retirement payments for this project shall be $10,000.

3. For applicant libraries with annual revenue from all sources of $500,000 or greater, a minimum yearly contribution to the annual debt retirement payments for this project shall be $30,000;

(f) Sustainability: the extent to which the local board can realistically afford to operate the proposed project;

(g) Completeness of application: the extent to which the applicant library has fairly and accurately provided required information on the application form; and

(h) Timeliness of meeting required reporting deadlines: the extent to which the applicant library has filed the KDLA annual report and Department for Local Government reports on or before the designated deadlines in the past two (2) years.

(5) The state librarian shall take one (1) of the following actions, based on the recommendation of the construction review committee:

(a) Approve the application and offer an award of assistance;

(b) Approve the application at a reduced level or based upon funds availability;

(c) Approve the application with restrictive conditions; or

(d) Reject the application.

(6) KDLA shall notify each applicant, in writing, of the result of the state librarian's action approving or rejecting the application.

Section 5. Informal Appeals.

(1) An applicant aggrieved by a decision of the state librarian may file an informal appeal with KDLA.

(2) Procedures.

(a) The local board shall notify KDLA of its intent to appeal:

1. Within twenty-one (21) days of the date of the letter of notification;

2. In writing;

3. Stating the basis for appeal; and

4. By registered mail to the state librarian, return receipt requested.

(b) Upon receipt of a notice of intent to appeal, the state librarian shall:

1. Convene a board of appeals composed of three (3) members. The board shall be composed of:

a. One (1) public library user nominated by the State Libraries, Archives, and Records Commission;

b. One (1) public library director nominated by the Kentucky Public Library Association; and

c. One (1) certified public library trustee nominated by the State Board for the Certification of Librarians; and

2. Designate one (1) of the appointees to serve as chair.

(c) The board of appeals shall notify the appellant and the state librarian, in writing, of the date and place of the hearing. Within twenty-one (21) calendar days after the hearing, the appeals board shall notify the state librarian and the local board of its recommendation.

(d) The state librarian shall consider the recommendation of the appeals board and shall, within fourteen (14) calendar days of receipt, either adopt the recommendation without comment or adopt the recommendation with modifications. If the appeals board's decision is modified, the state librarian shall provide a written explanation of the rationale for the modifications to the libraries impacted by the decision.

(3) A party aggrieved by a final decision of the state librarian may file a formal appeal. An appeal shall be in accordance with KRS Chapter 13B.

Section 6. Award of Assistance.

(1) The state librarian shall notify each eligible library of:

(a) The amount of assistance it will receive; and

(b) The requirements to be met in order to accept the award.

(2) KDLA may make an award to a public library if the total of all awards of assistance do not exceed the amount of PLFC funding that is available. An award of assistance shall be subject to availability of funds appropriated for this purpose in each biennium.

(3) Within thirty (30) days of receipt of notice of the award, the public library board shall notify KDLA of acceptance or rejection of the award of assistance. A public library not responding within thirty (30) days shall be declared ineligible and the award of assistance withdrawn and redistributed to the eligible recipients. Upon written request within the original thirty (30) day period, the state librarian may grant a single thirty (30) day extension if extenuating circumstances exist. Extenuating circumstances shall include problems with:

(a) Finalizing the terms of financing;

(b) Obtaining title to the property;

(c) Obtaining surveys of the property; and

(d) Similar circumstances beyond the control of the local board.

Section 7. Procedures After Acceptance.

(1) After a local board decides to accept an award of assistance, the local board shall:

(a) Establish a building committee, the meetings of which shall be attended by the regional librarian and the construction grant coordinator, if possible; and

(b) Complete the following:

1. An agreed-upon MOA between KDLA and the local board, signed by both;

2. The building committee membership list and schedule of meeting dates;

3. Holding company contract, if needed;

4. Construction plans approved by KDLA; and

5. Other documentation, such as financial documents and engineering reports necessary to ensure compliance with this administrative regulation.[

(2) Funds for projects receiving assistance shall be distributed according to a payment and reporting schedule contained in the MOA between KDLA and the local board.

Section 8. Construction Procedures.

(1) The local board shall retain an attorney to act as advisor on contracts and other legal matters during the term of the construction project.[

(2) The architect shall proceed with the working drawings and specifications for submission to KDLA for final approval by KDLA before the project is advertised for bids.

(3) After KDLA has approved the working drawings, the plans shall be completed and advertised publicly for construction bids. The advertisement shall include notice that a builder's risk policy shall be required as part of the construction contract.[

(4) The architect shall notify the construction grant coordinator at least one (1) week before the building is ready for inspection and punch list. The completed building shall be inspected by KDLA's designated official. A KDLA representative may make site visits during the project term.[

(5) KDLA may, upon request of the local board, assist in selecting and ordering the furniture and equipment for the project in accordance with state law governing state agency advertisement, bidding, and purchase from a state price contract.

(6) Each payment to a contractor or supplier shall be made promptly, upon approval by the architect. Retainage shall comply with KRS 371.410.

Section 9. Expenditure of Funds.

(1) Funds from a PLFC grant shall be used only to pay a cost directly related to the construction or renovation of a local public library facility.

(2) A cost may include:

(a) Site acquisition;

(b) Architectural and engineering services;

(c) Financial and legal services; and

(d) Equipment.

(3) Site acquisition cost shall be limited to the lesser of:

(a) The actual cost of acquiring a site; or

(b) The fair market value of the site as determined by a licensed realtor.

(4) Construction cost shall:

(a) Include fixed or movable equipment; and

(b) Not include consumable supplies.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Memorandum of Agreement", 7/21;

(b) "Notification of Intent to Apply for State Fiscal Year ____ Public Library Facility Construction Funds", 7/21;

(c) "Public Library Facility Construction Fund Application for Fiscal Year____ Construction Grants", 7/21; and

(d) "Construction Review Committee – Preliminary Score Sheet", 9/21.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

History

• RELATES TO: KRS Chapter 13B, 171.027, 171.125, 173.040, 173.340, 173.480, 173.725, 198B.032, 198B.050, 227.300, 322.010(3), 323.010(1), (2), 323.020, Chapters 341, 342, 344, 42 U.S.C. 12101
• STATUTORY AUTHORITY: KRS 171.027
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.027 requires The Public Library Facilities Construction Fund to assist local public libraries and other governing bodies in debt service payments relating to library construction or renovation projects. KRS 171.027 requires the Department for Libraries and Archives to promulgate administrative regulations to establish: (1) the application process; (2) the criteria for project selection; (3) the minimum level of local participation required; and (4) the process to be followed in the construction of facilities. This administrative regulation establishes: (1) definitions; (2) general requirements for eligibility; (3) application procedures for the applicant and the department; (4) the construction process; and (5) procedures for the payment of funds.
• History: 7 Ky.R. 699; eff. 4-1-1981; Am. 28 Ky.R. 693; 1390; eff. 12-5-2001; 33 Ky.R. 904; 1322; eff. 12-1-2006; 48 Ky.R. 568, 2218; eff. 5-3-2022.

725 KAR 2:040 State aid for specific counties {#sec-725-kar-2-040 omnilex-key=us-ky-regs-official--title-725--725 KAR 2:040}

Section 1. Definitions.

(1) "Recognized library organization" is that established by methods provided in KRS Chapter 173.

(2) "Department" is the Department for Libraries and Archives.

(3) "Public library service" is the provision of free access through location, hours of operation and staffing, to an organized collection of informational, recreational, and cultural materials in a variety of formats, which reflect the interest of the general population and is open to the entire country. The collection should not be limited to curriculum-based or special subject areas.

(4) "Public education entity" is a public elementary or secondary school, a college or university or a library which receives its primary financial support from public funds.

Section 2.

(1) Recognized library organizations in counties which do not have a public library as defined by KRS 171.230 will be notified by the department of the availability and requirements for foundation grants and per capita distribution.

(2) In order to receive the funds set out in subsection (1) of this section, the recognized library organization shall complete the department's "Annual Report of Public Libraries Application for State Support" which will specify their plan for the provision or establishment of countywide public library service.

(3) If the application is rejected by the department as not providing for countywide public library service, the recognized library organization may appeal this rejection to the department in writing within thirty (30) days from written notice of rejection. A final determination shall be made by the state librarian/commissioner of the department within thirty (30) days of the appeal. A review of the state librarian/commissioner's final determination may be accomplished by filing a petition for review in the Franklin Circuit Court within thirty (30) days of such commissioner's determination.

Section 3.

(1) The fiscal court in counties in which there is no recognized library organization shall be notified by the department of the availability and requirements for foundation grants and per capita distribution.

(2) In order to receive the funds set out in subsection (1) of this section, the fiscal court shall complete an application for the foundation grants and per capita distribution as provided by the department. The application will detail the plan for provision of public library service through a public education entity.

(3) If the application is rejected by the department as not providing for countywide public library service through a public education entity, the fiscal court may appeal this rejection to the department in writing within thirty (30) days from written notice of rejection. A final determination shall be made by the state librarian/commissioner of the department within thirty (30) days of the appeal. A review of the state librarian/commissioner's final determination may be accomplished by filing a petition for review in the Franklin Circuit Court within thirty (30) days of such commissioner's determination.

Section 4. Counties which do not have a public library as defined by KRS 171.230 are eligible for foundation grants and per capita distribution only and are not eligible for full services and support from the department. Counties with no recognized library organization are eligible for foundation grants and per capita distribution only and are not eligible for full services and support from the department.

History

• RELATES TO: KRS 171.201(2)(c), 171.230, Chapter 173
• STATUTORY AUTHORITY: KRS Chapter 13A, 171.201, 171.220
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.201(2)(c) mandates that the Department for Libraries and Archives provide grants to recognized library organizations in counties without a public library for the purpose of providing or establishing countywide public library service under existing departmental guidelines and to the fiscal courts in counties without recognized library organizations for distribution to public education entities. This administrative regulation prescribes the requirements for distribution of foundation grants and per capita funding to these counties.
• History: 13 Ky.R. 1519; eff. 3-6-87; Crt eff. 1-28-2020.

725 KAR 2:060 Certification of public librarians {#sec-725-kar-2-060 omnilex-key=us-ky-regs-official--title-725--725 KAR 2:060}

Section 1. Definitions.

(1) "ALA" means the American Library Association.

(2) "Asynchronous training" means training that allows students to access content or learn outside the classroom at their convenience or independent of the instructor.

(3) "Board" means the Kentucky State Board for the Certification of Librarians.

(4) "Educational contact hours" means a measurement used for an educational activity that applies extended, in-depth study in the field of library and information science or any job-related field.

(5) "Full-time" means working 100 hours or more per month.

(6) "Job-related field of study" means an area other than library science that is directly related to the applicant's job duties.

(7) ) "Library services" means duties performed by library employees that require special skills and knowledge to be performed properly.

(8) "Library work experience" means employment in a library that includes administration, collection development, technical services, public services, or support for public service areas, and excludes secretarial, custodial, groundskeeping, security, food service, and messenger duties.

(9) "Part-time" means working less than 100 hours per month.

Section 2. Required Certification by Public Library Position.

(1) A full-time or part-time library director serving a population of more than 15,000 shall hold or obtain a Professional I or II certificate.

(2) A full-time or part-time library director serving a population of 15,000 or less shall hold or obtain at least the Professional III or IV certificate.

(3) A full-time or part-time assistant director, branch head, department head, manager, supervisor, or bookmobile librarian, as determined by the library director or designee, shall hold or obtain at least the Paraprofessional I certificate.

(4) Any other full-time position providing library services, as determined by the library director or designee using the Approved Guidelines for Determination of Paraprofessional Level of Certification, shall hold or obtain the Paraprofessional II or Paraprofessional III certificate.

Section 3. Types of Certificates.

(1) A Professional I Certificate shall be:

(a) Awarded if the applicant has obtained a master's degree in library science from an ALA accredited school; and

(b) Valid for five (5) years.

(2) A Professional II Certificate shall be:

(a) Awarded if the applicant has obtained:

1. A master's degree in library science from a library school that has not been ALA accredited; or

2. A master's degree with at least fifteen (15) graduate hours in library science; and

(b) Valid for five (5) years.

(3) A Professional III Certificate shall be:

(a) Awarded if the applicant has obtained:

1. A bachelor's degree with at least twenty-one (21) graduate or undergraduate college credit hours in library science; or

2. A master's degree with at least fifteen (15) graduate or undergraduate college credit hours in library science; and

(b) Valid for five (5) years.

(4) A Professional IV Certificate shall be:

(a) Awarded if the applicant has obtained:

1. A bachelor's degree with at least nine (9) graduate or undergraduate college credit hours in library science and six (6) graduate or undergraduate college credit hours in a job-related field of study; or

2. A master's degree with six (6) graduate or undergraduate college credit hours in library science and three (3) graduate or undergraduate college credit hours in a job-related field of study; and

(b) Valid for five (5) years.

(5) A Paraprofessional I Certificate shall be:

(a) Awarded if the applicant has completed or obtained:

1. A high school diploma or high school equivalency diploma;

2. 360 total job-related educational contact hours, including 144 educational contact hours in library science and seventy-two (72) educational contact hours in Human Resources or Management; and

3. 4,000 hours of library work experience; and

(b) Valid for five (5) years.

(6) A Paraprofessional II Certificate shall be:

(a) Awarded if the applicant has completed or obtained:

1. A high school diploma or high school equivalency diploma;

2. 288 job-related educational contact hours; and

3. 4,000 hours of library work experience; and

(b) Valid for five (5) years.

(7) A Paraprofessional III Certificate shall be:

(a) Awarded if the applicant has completed or obtained:

1. A high school diploma or high school equivalency diploma;

2. 144 job-related educational contact hours; and

3. 2,000 hours of library work experience; and

(b) Valid for five (5) years.

(8) A Professional or Paraprofessional Certificate shall be renewed according to 725 KAR 2:070.

(9) A Temporary Certificate shall be valid for five (5) years and shall be issued to a person who:

(a) Holds or is promoted to a job requiring certification as provided in Section 2 of this administrative regulation; or

(b) Does not meet the requirements of Section 2 of this administrative regulation.

Section 4. Sources of Education for Initial Certification.

(1) The board shall accept academic credit from college credit courses offered by an institution of higher education, which is accredited by its respective regional association.

(2) The board shall accept library and information science academic credits from college credit courses offered by:

(a) Graduate schools accredited by the Committee on Accreditation of the American Library Association and these college credit courses shall be approved for all types of certificates;

(b) Colleges whose library and information science departments are accredited by their respective regional associations and these college credit courses shall be approved for all types of certificates;

(c) Accredited colleges that offer individual library and information science courses and these college credit courses shall be approved for Professional III and IV and Paraprofessional I, II, and III certificates; or

(d) Community and technical colleges that offer library or information science courses and these courses shall be approved for Professional III and IV and Paraprofessional I, II, and III certificates.

(3) The board shall also accept asynchronous training courses with a minimum of ten (10) educational contact hours in length provided by an institution or organization that meets the requirements of the Approved Guidelines for Asynchronous Training Courses.

(4) As an alternative source of education for the Professional III, IV, and Paraprofessional certificates, the board shall accept completion of a library institute, which shall be an in-depth program of library and information science developed according to the Approved Guidelines for Library Institutes.

(a) The program shall be submitted to the board for approval sixty (60) days in advance of implementation.

(b) One (1) institute shall substitute for a three (3) hour college credit library and information science course and shall only be substituted once for initial certification.

Section 5. Application for public library certification shall be made to the board by submitting a completed Application for Certification of Librarianship.

Section 6. A fee of twenty (20) dollars shall be charged for each certificate issued.

Section 7. A Professional or Paraprofessional certificate shall be issued to an applicant who meets the requirements and submits the required fee.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Approved Guidelines for Library Institutes", January 8, 2010;

(b) "Application for Certification of Librarianship", October 18, 2019;

(c) "Approved Guidelines for Determination of Paraprofessional Level of Certification", July 8, 2019; and

(d) "Approved Guidelines for Asynchronous Training Courses", July 8, 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

History

• RELATES TO: KRS 171.250, 171.260, 171.270
• STATUTORY AUTHORITY: KRS 171.250(1),171.260, 171.270
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.260 requires certification of public librarians and other full-time employees. KRS 171.250(1) requires the board to promulgate administrative regulations in order to establish the requirements for the certification of public librarians. This administrative regulation establishes the requirements for certification of public librarians.
• History: 18 Ky.R. 3277; Am. 19 Ky.R. 48; eff. 7-4-1992; 26 Ky.R. 897; 1157; eff. 12-16-1999; 36 Ky.R. 1335; 1957; eff. 4-2-2010; 46 Ky.R. 335, 728; eff. 1-5-2021.

725 KAR 2:070 Certification renewal of public librarians {#sec-725-kar-2-070 omnilex-key=us-ky-regs-official--title-725--725 KAR 2:070}

Section 1. Definitions.

(1) "Board" means the Kentucky State Board for the Certification of Librarians.

(2) "Contact hour" means a unit of measuring continuing education training with one (1) hour of training equal to one (1) contact hour.

(3) "Editorial process" means one (1) or more editors at a publication reviews and approves submitted work.

(4) "Full-time" means working 100 or more hours per month.

(5) "Job-related course work or continuing education" means instruction other than in library science that is directly related to the applicant's job.

(6) "Job-related professional organization" means a professional organization other than library science that is directly related to the applicant's job.

(7) "Learning activity" means a class, institute, seminar, or workshop that is planned, coordinated, administered, and evaluated in terms of learning objectives.

(8) "Library services" means duties performed by library employees that require special skills and knowledge to be performed properly.

(9) "Presenting" means instructional training that lasts ninety (90) minutes or less.

(10) "Professional library association, consortium, council, or board" means an organization of library staff and persons interested in libraries.

(11) "Teaching" means instructional training that lasts more than ninety (90) minutes.

Section 2. Required Certification Renewal by Public Library Position.

(1) A library director shall renew the Professional Certificate every five (5) years. 100 contact hours of continuing education shall be accumulated within the five (5) year period.

(2) A full-time or part-time assistant director,, branch head, department head, manager, supervisor or bookmobile librarian as determined by the library director or designee shall renew at least the Paraprofessional I Certificate every five (5) years. Seventy-five (75) contact hours of continuing education shall be accumulated within the five (5) year period.

(3) Any other full-time position providing library services, as determined by the library director or designee, shall renew the Paraprofessional II or III Certificate every five (5) years. Fifty (50) contact hours of continuing education shall be accumulated within the five (5) year period.

Section 3. Types of Certificates. The following certificates may be renewed for a period of five (5) years:

(1) Professional I Certificate;

(2) Professional II Certificate;

(3) Professional III Certificate;

(4) Professional IV Certificate;

(5) Paraprofessional I Certificate;

(6) Paraprofessional II Certificate; or

(7) Paraprofessional III Certificate.

Section 4. Sources of Learning Activities that Provide Contact Hours.

(1) The board shall accept job-related coursework or continuing education offerings from an institution of higher education as follows:

(a) Classes;

(b) Institutes;

(c) Seminars;

(d) Workshops;

(e) Conferences;

(f) Lecture series;

(g) Internships; or

(h) Courses taken for academic credit.

(2) The board shall accept activities in a professional library or job-related association, consortium, council, or board as follows:

(a) Participation in:

1. Seminars;

2. Workshops;

3. Conferences; or

4. Lecture series; or

(b) The holding of an association, consortium, council, or board office, with a statement specifying the learning activity and derived educational benefit.

(3) The board shall accept participation in job-related seminars, workshops, conferences, or lecture series sponsored by the Kentucky Department for Libraries and Archives.

(4) The board shall accept participation in workshops, lecture series, or training programs that shall be documented as job-related. These activities may be sponsored by individual libraries.

(5) The board shall accept self-directed learning activities that go beyond expected job duties, such as:

(a) Writing reviews of job-related materials or books, articles, or chapters that are published in statewide, regional, or national library or other job-related professional organization's publications and selected through an editorial process;

(b) Writing or editing an article for a job-related publication with statewide, regional, or national distribution and selected through an editorial process;

(c) Writing or editing a book on a job-related topic selected for publication by a publishing company and published following an editorial process;

(d) Developing and presenting library-related instructional training for library staff, library school students, library trustees, or other job-related professional organizations;

(e) Preparing and teaching a library or job-related course, workshop, seminar, or institute; or

(f) Listening to or viewing an audio or video recording of a job- related workshop presentation or conference program and submitting a written review indicating what was learned and how it relates to their job.

(6) The board shall require that each learning activity incorporates new subject information.

Section 5. The conversion calculations for a type of activity to the number of contact hours shall be determined in accordance with the Certification Contact Hours Points Conversion Chart.

Section 6. Application for public librarian certification renewal shall be made to the board by submitting a completed Renewal Application for Certification of Librarianship.

Section 7. A fee of twenty (20) dollars shall be charged for each certificate renewal issued.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Certification Contact Hours Conversion Chart", June 1, 2017; and

(b) "Renewal Application for Certification of Librarianship", October 18, 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

History

• RELATES TO: KRS 171.250, 171.260, 171.270
• STATUTORY AUTHORITY: KRS 171.250(2), 171.270
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.250(2) authorizes the board to establish the requirements for certificate renewals for public librarians. This administrative regulation establishes the requirements for certificate renewals for public librarians.
• History: 18 Ky.R. 3278; Am. 19 Ky.R. 49; eff. 7-4-1992; 26 Ky.R. 899; 1159; eff. 12-16-1999; 36 Ky.R. 1337; 2061-M; eff. 4-2-2010; 43 Ky.R. 2063; 44 Ky.R. 104, 221; eff. 8-28-2017; Crt eff. 1-28-2020; 46 Ky.R. 2701; eff. 1-5-20021.

725 KAR 2:080 Interstate Library Compact {#sec-725-kar-2-080 omnilex-key=us-ky-regs-official--title-725--725 KAR 2:080}

Section 1. Definitions.

(1) "Compact administrator" means the state librarian as established in KRS 171.130.

(2) "Public library agency" means public library as defined by KRS 171.125(2).

Section 2. Any one (1) or more public library agencies in a party state in cooperation with any public library agency or agencies in one (1) or more other party states may establish and maintain an interstate library district upon approval by the compact administrator.

Section 3. Incorporation by Reference.

(1) "Interstate Library Compact" (1998), is incorporated by reference.

(2) It may be inspected, copied, or obtained at the Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, telephone (502) 564-8300, Monday through Friday, 9 a.m. to 4 p.m.

History

• RELATES TO: KRS 171.221
• STATUTORY AUTHORITY: KRS 171.221
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 171.221 authorizes the Department for Libraries and Archives to enter into agreements with other states for the purpose of providing cooperative library services. This administrative regulation establishes provisions for providing cooperative library services.
• History: 24 Ky.R. 2482; eff. 8-17-1998; 48 Ky.R. 573, 2221; eff. 5-3-2022.