791 KAR | Title 791 KAR — Education and Workforce Development Cabinet - Kentucky Commission on Proprietary Education

Chapter 1 Kentucky Commission on Proprietary Education

791 KAR 1:010 Applications, permits, and renewals {#sec-791-kar-1-010 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:010}

Section 1. Initial Licensure Application and Student Protection Fund Contribution for Schools.

(1) A school residing in and doing business in Kentucky shall submit:

(a) Form PE-15, Application for Resident School; and

(b) The initial contribution to the student protection fund required by 791 KAR 1:025, Section 2.

(2) A school not residing in Kentucky, but seeking to do business in Kentucky, shall submit:

(a) Form PE-16, Application for Non-Resident School; and

(b) The initial contribution to the student protection fund required by 791 KAR 1:025, Section 2.

Section 2. Annual Renewal License Application for Schools.

(1) The annual renewal license application for a school residing in and doing business in Kentucky shall be the Form PE-17, Application for License Renewal Resident School.

(2) The annual renewal license application for a school not residing in Kentucky, but doing business in Kentucky, shall be the Form PE-18, Application for License Renewal Non-Resident School.

(3) Each school shall:

(a) List each program for which it is approved, including the Classification of Instructional Programs (CIP) code, the number of contact or credit hours for the program, the length of the program, and the cost of the program;

(b) Provide a copy of:

Its enrollment agreement noting each item that is required by KRS Chapter 165A;

a. Its most recent audited financial statement, if the school is accredited; or

b. Its most recent financial income statement certified by an independent accountant, if the school is not accredited;

Its faculty and personnel handbook;
Its current catalog, certified, true, and correct in content;
Any advertising and marketing materials utilized by the school;
Its occupational license and current fire inspection report;
Its organizational chart for each school; and
Its certificate of accreditation, if accredited; and

Section 3. Permit Application for Agents. The permit application for each agent of a school licensed by the commission shall be the Form PE-19, Application for Permit to Act as an Agent, to seek initial approval with the commission, and the Form PE-20, Application for Renewal of Permit to Act as an Agent, to seek renewal with the commission annually.

Section 4. Transfer of Ownership of a School. The application for recording a transfer of ownership of a school licensed by the commission shall be the Form PE-21, Application to Transfer Ownership of a School.

Section 5. Change of Name of a School. The application for approval of a change of name of a school shall be the Form PE-22, Application to Change the Name of a School.

Section 6. Change of Location of a School. The application for approval of a change of location of a school shall be the Form PE-23, Application to Change the Location of a School.

Section 7. Application to Award an Associate Degree. The application to award an associate degree shall be the Form PE-10, Application to Award an Associate Degree.

Section 8. New Program. The application for approval of a new certificate or diploma program shall be the Form PE-14, Application for a New Program.

Section 9. Request for Transcript. The request for a transcript from a closed school shall be the Form PE-28, Request for Transcript.

Section 10. Revision of an Existing Certificate, Diploma, or Associate Degree Program.

(1)

(a) The school shall submit written notification detailing cumulative curriculum changes in contact hours, credit hours, courses offered, or program length of a currently approved program, totaling less than twenty-five (25) percent within a twelve (12) month period to the commission on a Form PE-12, Notification to Revise an Existing Program for Less Than 25%.

(b) A change in the name of an existing program that does not change the overall objective of the program shall not be considered in the computation of the cumulative curriculum changes.

(2)

(a) A school shall submit a Form PE-13, Application to Revise an Existing Program for 25% or More, to the commission if cumulative curriculum changes in contact hours, credit hours, courses offered, or program length of a currently approved program total twenty-five (25) percent or more within a twelve (12) month period.

(b) A change in the name of an existing program that changes the overall objective of the program shall be considered in the computation of the cumulative curriculum changes.

(3) A school shall notify the commission in writing of the program name changes, course name changes, or course description changes.

Section 11.

(1) Beginning in 2016 and every year thereafter, the school shall report its job placement rate per licensed program to the commission by January 15, and shall be the Form PE-39, Job Placement Reporting.

(2) The job placement rate in the field of study for the program shall be calculated as follows:

(a) Determine the total number of students who, during the immediately preceding July 1-June 30 period, graduated from the program;

(b) Of the total number determined under paragraph (a) of this subsection, determine the number of graduates who the school has documented as not available for employment due to health-related issues for individual or family member, death, active military duty, spouse or dependent of military personnel relocated due to military transfer, incarceration, visa restrictions, or continuing education at least half-time;

(c) Subtract the total number of graduates not available for employment in paragraph (b) of this subsection from the total number of graduates under paragraph (a) of this subsection. This difference shall be the denominator for the equation;

(d) Of the total number determined under paragraph (c) of this subsection, determine the number of graduates who obtained job placement in a position in the field of study, in accordance with subsections (10) and (11) of this section. This shall be the numerator for the equation; and

(e) Divide the number of students determined under paragraph (d) of this subsection by the difference found in paragraph (c) of this subsection. This quotient converted to a percentage shall be the job placement rate.

(3) For purposes of the job placement rate calculation, the school shall obtain the placement data by contacting employers or graduates to obtain the relevant information under the definitions in subsections (10) and (11) of this section. This contact and information shall be documented in writing, and shall include:

(a) Name of the employer;

(b) Name of the graduate;

(d) Title of employment;

(e) Duties of employment;

(f) Length of employment;

(g) Total hours worked per pay period;

(h) Name and title of the person or persons providing the information to the school;

(i) Name and title of the person or persons at the school who received and recorded the information;

(j) The date the information was provided; and

(k) Statement whether the school designated the graduate as placed in field or not.

(4) If the school obtains the relevant information by telephone or personal contact, as opposed to a written document, the school shall send a confirming letter to the provider of the information setting forth in specific detail the information provided and the date it was provided. The school shall maintain a copy of the confirming letter and evidence it was sent.

(5) All data and information used by a school to support the job placement rate, including any information that the graduate is not available for employment, shall be reliable, verifiable, and documented in writing.

(6) Documentation supporting job placement rates for each applicable period for each program shall be maintained by the school in a retrievable and well-organized manner.

(7) The job placement rates calculated by the school and the underlying documentation shall be subject to review and audit by the commission, and the school shall pay any costs for a review and audit. This may include requiring the school to:

(a) Submit graduate data to the Kentucky Center for Statistics to include a graduate's name, date of birth, Social Security number, gender, ethnicity, residency at point of graduation, and the CIP code and level of the program from which the student graduated; and

(b) Have a certified public accountant report on the school's calculation based on performing an attestation engagement in accordance with the Statements on Standards for Attestation Engagements of the American Institute of Certified Public Accountants (AICPA) available at www.aicpa.org.

(8) Another state agency shall not be prevented from investigating, reviewing, or auditing the underlying documentation and the rates provided.

(9) A school that operates a program that is intended to and only provides continuing education courses to attendees for the purpose of the attendee maintaining current licensure shall so certify to the commission. The school shall also obtain written statements from all attendees affirming that the person's purpose in attending courses offered by the school is to maintain current licensure. The school's certification to the commission and underlying written affirmations shall suffice for the calculation of job placement rates for that continuing education program.

(10) The conditions described in this subsection shall be required to qualify as job placement in a position in field of study.

(a) Within 180 days of graduating from the program, the graduate shall have been employed for at least thirty (30) days with the employer in a full-time paid position in the field of study and the school shall document this employment.

(b) If a license or certification is required or generally requested for positions in the occupation, then within 180 days after the results are available from the first exam that the graduate would have been able to take after completing the program, the graduate shall have been employed for at least thirty (30) days with the employer in a full-time paid position in the field of study.

(c) In addition to paragraph (a) or (b) of this subsection, for a part-time position in the field of study to be considered job placement, the school shall possess a handwritten statement from the graduate at time of completion that part-time employment is the graduate's objective for employment including a general explanation for this objective.

(d) For self-employment to be considered as job placement, the school shall possess a handwritten statement from the graduate describing:

The work and demonstrating that it is in a position in the field of study;
That the graduate has received compensation in return for services provided in connection with the self-employment; and
That the graduate has completed at least 675 hours of work in connection with the graduate's self-employment, including time spent marketing the business, cultivating clients, negotiating contracts, and initiating or completing the work.

(11) The conditions described in this subsection shall be required to qualify as a position in field of study.

(a) The graduate's employment shall be a position included in the most recent National Center for Education Statistics and U.S. Bureau of Labor Statistics CIP-SOC Crosswalk for the program studied identified by the six (6) digit U.S. Department of Education classification of instructional program code, and the routine work shall predominantly require using the core skills and knowledge expected to have been taught in the program and the position shall require education beyond high school level.

(b) If graduates are continuing in prior employment, the graduate's prior employment position shall be reasonably related to the program training and the graduate shall attest in the graduate's handwriting when enrolling in the program and upon completion of the program, with reference to a specific written policy of the employer, to the benefit of the training as a catalyst for maintaining or advancing in a position.

(12) Failure to comply with this section shall be grounds for denial of a license, or suspension or revocation of an existing license.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form PE-15, "Application for Resident School", as provided in EDvera software version 2.1, edition May 2022;

(b) Form PE-16, "Application for Non-Resident School", as provided in EDvera software version 2.1, edition May 2022;

(c) Form PE-17, "Application for License Renewal Resident School", as provided in EDvera software version 2.1, edition May 2022;

(d) Form PE-18, "Application for License Renewal Non-Resident School", as provided in EDvera software version 2.1, edition May 2022;

(e) Form PE-11, "Form for Instructional Staff and Key Administrative Personnel", as provided in EDvera software version 2.1, edition May 2022;

(f) Form PE-19, "Application for Permit to Act as an Agent", as provided in EDvera software version 2.1, edition May 2022;

(g) Form PE-20, "Application for Renewal of Permit to Act as an Agent", as provided in EDvera software version 2.1, edition May 2022

(h) Form PE-21, "Application to Transfer Ownership of a School", as provided in EDvera software version 2.1, edition May 2022;

(i) Form PE-22, "Application to Change the Name of a School", as provided in EDvera software version 2.1, edition May 2022;

(j) Form PE-23, "Application to Change the Location of a School", as provided in EDvera software version 2.1, edition May 2022;

(k) Form PE-10, "Application to Award an Associate Degree", as provided in EDvera software version 2.1, edition May 2022;

(l) Form PE-14, "Application for a New Program", as provided in EDvera software version 2.1, edition May 2022

(m) Form PE-28, "Request for Transcript", May 2022;

(n) Form PE-12, "Notification to Revise an Existing Program for Less Than 25%", as provided in EDvera software version 2.1, edition May 2022;

(o) Form PE-13, "Application to Revise an Existing Program for 25% or More", as provided in EDvera software version 2.1, edition May 2022; and

(p) Form PE-39, "Job Placement Reporting", as provided in EDvera software version 2.1, edition May 2022.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Commission on Proprietary Education, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the commission's Web site at www.kcpe.ky.gov.

History

RELATES TO: KRS 165A.330, 165A.350(3), 165A.360(1), (2), (7), (9), 367.110-367.360
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.350(3), 165A.360(2), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the Kentucky Commission on Proprietary Education to promulgate administrative regulations to administer and enforce the provisions of KRS Chapter 165A. KRS 165A.350(3) and 165A.360(2) require the commission to establish forms. This administrative regulation establishes the application requirements and incorporates forms by reference.
History: 41 Ky.R. 215; Am. 748; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1024,49 Ky.R. 790; eff. 1-3-2023.

791 KAR 1:020 Standards for licensure {#sec-791-kar-1-020 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:020}

Section 1. A school shall meet the requirements and standards established in this section in order to be licensed.

(1) Financial requirements. The school shall adhere to generally accepted accounting practices and present evidence of financial stability, including the following:

(a) Financial statements required by 791 KAR 1:010;

(b) The name and contact information of the bank or other financial institution used by the school as a reference;

(c) Good standing with the Kentucky Higher Education Assistance Authority related to programs administered by that agency and from the U.S. Department of Education related to programs administered by that department; and

(d) A school surety bond or other collateral, in accordance with KRS 165A.360 and 791 KAR 1:150, and agent surety bond or other collateral, in accordance with KRS 165A.350 and 791 KAR 1:150.

(2) Accreditation.

(a) If a school is accredited by an accrediting agency recognized by the U.S. Department of Education, it shall furnish information regarding its accreditation status.

(b) If a school is not accredited by an accrediting agency recognized by the U.S. Department of Education, it shall furnish a statement indicating if, when, and from whom the school will seek accreditation.

Be the subject of an interim action by a state agency potentially leading to the suspension, revocation, or termination of the institution's legal authority to provide postsecondary education;
Have had its state license suspended, revoked, or terminated, even if the required due process procedures have not been completed;
Have been denied candidacy or accreditation by an accrediting agency;
Have voluntarily withdrawn its candidacy or accreditation while not in good standing from an accrediting agency;
Have had its candidacy or accreditation withdrawn or been placed on public probation by an accrediting agency;
Be the subject of an interim action by an accrediting agency potentially leading to the suspension, revocation, or withdrawal of candidacy or accreditation; or
Have been notified of the loss of any agency's accreditation even if the due process procedures have not been completed.

(3) Agents. A school shall be responsible for the actions of its agent when the agent is acting on behalf of the school. An agent shall have an agent permit and agent bond, in accordance with KRS 165A.350 and 791 KAR 1:150 and shall comply with KRS 165A.330.

(4) Personnel requirements.

(a) The school shall furnish information regarding the administrative officer, the directors, the owners, and the instructors on the Form PE-11, Form for Instructional Staff and Key Administrative Personnel, incorporated by reference in 791 KAR 1:010.

(b) The chief administrator shall be qualified pursuant to KRS 165A.370(1)(d).

(c) Each qualifying degree possessed by personnel shall be from an institution accredited by an accrediting agency recognized by the U.S. Department of Education or the Council for Higher Education Accreditation.

(d) Verification of credentials. A school shall maintain official transcripts for credentials that qualify instructors to teach their assigned courses and for those credentials that are listed in the catalog. All these credentials shall be on file in the administrative offices at the campus location nearest to where the instructor is primarily employed.

(e) A principal party, owner, or administrator involved with the school shall not have had a felony conviction involving moral turpitude, fraud, or a capital crime.

(f) Instructor qualifications. To teach, an instructor shall comply with KRS 165A.370(1)(e). Appropriate training or experience related to the responsibilities of the position shall include a high school diploma or GED along with one (1) or more of the following:

Completed a training or degree program in the applicable occupational area;
Demonstrated outstanding professional experience;
Demonstrated outstanding professional contributions to the discipline being taught; or
Professional licensure or certification in the field.

(g) Teaching loads of instructors shall be consistent with recognized educational practices and shall be appropriate to the field, the variety of courses assigned, class size, and other related factors.

(h) Instructor development.

A school shall establish instructor development plans including both in-service and professional growth activities to enhance instructor expertise.
There shall be documented evidence on an annual basis of these development plans and their implementation.
A school shall establish plans that are appropriate given each instructor's training, education, and related work experience and that provide the proper mix of in-service training and professional growth based on the academic and experiential background of the instructor.

(5) Facilities and equipment.

(a) Enrollment shall not exceed the design characteristics of the facilities.

(b) A school shall have facilities and equipment that are:

Maintained and operated in compliance with the safety and health requirements set forth in local, city, and county ordinances, and federal and state law; and
Adequate and appropriate for instruction in classrooms and laboratories.

(d) If a school has multiple campuses, it shall comply with 791 KAR 1:150.

(e) If a school is only seeking licensure with the commission to offer a course or courses not for college credit, and it will not conduct its course or courses at a permanent location, but rather will utilize the facilities of hotels or other public buildings, it shall:

Notify the commission in writing, at least thirty (30) days in advance of the location where any course will be offered;
Receive prior approval of the Kentucky Real Estate Commission, the Kentucky Insurance Commission, the Kentucky Bar Association, or other appropriate official agency or group authorized to approve the course or courses; and
Not advertise or promote the course or courses until the commission has received in writing the course content, name and qualification of the instructor, and a copy of the approval to offer the course from an authorizing agency.

(6) Library resources. The library shall be appropriate to support the programs offered by the school in accordance with this subsection.

(a) A school, through ownership or formal agreements, shall provide and support student and instructor access to adequate library collections, and to other learning and information resources where courses and programs are offered. Library resources shall be appropriate to the program level offered by the school, and shall be sufficient to support all educational, research, and public service programs at the school.

(b) A school that does not provide its own library facilities, but instead relies on another institution, shall demonstrate that it has permission to utilize the resources of the other institution, by providing a copy of the written agreement to the commission with the license application, and prior to the offering of any courses.

(c) A school that is dependent on another school or library for library resources shall make the extent of the dependence and the details of the agreements clear both to the commission and to students and instructors.

(d) Library expenditures, expressed as a percentage of the total educational and general budget, shall be consistent with the percentage of library expenditures commonly observed in accredited schools of similar types.

(e) Library staff shall be qualified as required for accredited schools of similar types.

(f) The school shall have sufficient seating and work space for a reasonable proportion of the instructors and students to be accommodated at one (1) time.

(g) The physical environment of the library shall be conducive to reflective intellectual pursuits common to institutions of higher learning.

(7) Curriculum.

(a) A course offered in a degree program shall be consistent with a course that is generally transferable for credit among accredited schools if the program is at a corresponding degree level, or for credit toward the baccalaureate degree if a program is at the associate degree level. A course may be offered that is not transferable based on the uniqueness of a program that is occupational in nature.

(b) A school shall have a systematic program of curriculum revision in order to maintain the general standards of accredited schools with similar programs.

(c) A school shall have a program of evaluation that includes a periodic assessment of the changes in student achievement.

(d) A school shall offer with sufficient frequency the courses required for each program for the student to complete the program within publicized time frames.

(8) Program supervision and instructional support. Regardless of location, type of program, method of instruction, or other characteristics, an instructional program shall include:

(a) Adequate supervision by the school; and

(b) Other instructional support necessary to maintain the program.

(9) Truth in advertising. A school shall meet the requirements established in this subsection regarding advertising.

(a) Advertisements, announcements, or other materials produced by or on behalf of the school which are distributed in Kentucky shall not contain any statements that are untrue, deceptive, or misleading with respect to the school, its personnel, its services, the content, accreditation status, or transferability of its courses or degree programs.

(b) Advertisements, announcements, or other materials produced by or on behalf of the school shall not indicate that the school is "supervised", "recommended", "endorsed", or "accredited" by the Commonwealth of Kentucky, by the Kentucky Commission on Proprietary Education, or by any other state agency. A statement using the name of the Kentucky Commission on Proprietary Education, if any, shall be in exactly the following form: "(Name of School) is licensed by the Kentucky Commission on Proprietary Education."

Publicly disclose, both in print and Web-based materials, information about its student enrollment, degrees conferred, and job placement rate of program graduates in the field of study as reported to the commission, in accordance with 791 KAR 1:010 and KRS 165A.340(6); and
Use numbers most recently reported to the commission in its advertising.

(d) A school shall publicly disclose information about articulation agreements and transfer of credits, in accordance with KRS 165A.340(6)(a)2.c., and shall furnish copies of the articulation agreements and rights and responsibilities of students regarding transfer of credits to the commission.

(e) The commission staff may require that a school furnish proof to the commission of any of its advertising claims. If proof cannot be furnished, a retraction of the advertising claims published in the same format as the claims themselves shall be published by the school and the continuation of the advertising shall be grounds for denial, suspension, or revocation of the school's license.

(10) Recruitment and enrollment procedures. A school shall furnish the following to each prospective student prior to enrollment, and shall require that the student sign and date the school's form to be placed in the student's file, which shall either be part of the enrollment contract or a pre-enrollment checklist verifying that the student received:

(a) The school's most recent catalog including policies on grades, attendance, and conduct;

(b) A description of the instructional program;

(d) The schedule of refunds of all charges, rentals, and deposits;

(e) The complaint procedures available to students, including the process for filing a complaint with the commission;

(f) Notice of the existence of the student protection fund created in KRS 165A.450; and

(g) The student enrollment application, contract, or agreement.

(11) Student affairs.

(a) Students admitted to the school shall have completed a state-approved secondary school program or its equivalent.

(b) The school shall provide academic advising by instructors or staff to each student at the time of admission and throughout the program.

(c) The school shall make assistance and advising available to each student who completes a technical or vocational program for the purpose of assisting the student with relevant job placement or with transfer.

(d) The school shall maintain sufficient records for each student to provide an understanding of his or her background, to record progress through the instructional program, and for reference purposes.

(e) The school shall comply with recordkeeping requirements, in accordance with KRS 165A.370 and 791 KAR 1:027.

(f) Administrative officers of the school shall be knowledgeable of the federal and state laws and administrative regulations concerning the disclosure of student information and shall comply with those laws and administrative regulations.

(g) A school shall make provision for the maintenance of student records if the school ceases operations. The location of student records shall be approved in advance by the commission in accordance with KRS 165A.390(5). A school shall comply with KRS 165A.450.

(12) School policies.

(a) The school shall maintain records in an orderly manner and make them available for inspection by the commission or its designated representative.

(b) A catalog shall be published and distributed at least every two (2) years and shall include general information, administrative policies, and academic policies of the school including:

General information:

a. Official name and address of the school, name of the chief administrative officers, members of the governing body, and names of principal owners;

b. The school's calendar for the period covered by the catalog including beginning and ending dates of each term or semester, registration and examination dates, legal holidays, and other important dates;

c. Names of instructors, including relevant education and experience; and

d. Full disclosure of the philosophy and purpose of the school;

Administrative policies:

a. Admissions policies and procedures, applicable to the various programs, including policies regarding granting of credit for previous education;

b. Policies and procedures regarding student conduct and behavior and the process for dealing with cases which culminate in probation or dismissal;

c. Schedules for all tuition and instructional charges refund policy, and schedules for the tuition and instructional charges;

d. Statement of financial aid available to students; and

e. Procedures for obtaining transcripts in a timely fashion and at reasonable cost; and

Academic policies:

a. Policy on class attendance;

b. Description of grading system;

c. Description of the degree, diploma, certificate, or other programs, including the course requirements and the time normally required to complete each degree, diploma, certificate, or other program; and

d. Full description of the nature and objectives of all programs offered.

(13) Site visits.

(a) The commission shall conduct site visits in accordance with KRS 165A.370(1) and (2).

(b) The costs of the site visit shall be paid in accordance with 791 KAR 1:025.

(c) The commission may conduct an announced or unannounced site visit of a licensed school during reasonable business hours to inspect the files, facilities, and equipment, as well as conduct interviews to determine the school's compliance with this administrative regulation and KRS Chapter 165A.

(d) Within ninety (90) working days of receipt of a complete application or annual report, the commission may conduct a site visit.

(e) The purpose of a site visit shall be to make an assessment of a school using the standards for licensure as set forth in this administrative regulation.

(f) Failure to provide full access to the school's files, facilities, and equipment, or prevention of interviews, shall be grounds for:

Denial of a license; or
Suspension or revocation of an existing license.

Section 2. General Standards for Approval of Associate Degree Programs.

(1) In addition to meeting the requirements and standards in Section 1 of this administrative regulation, a school requesting consideration for approval to award an associate degree shall:

(a) Have been in operation and licensed in Kentucky or in another jurisdiction whose standards substantially meet or exceed those contained in this administrative regulation, for a continuous period of at least two (2) years immediately preceding the application;

(b) Be accredited by an accrediting agency recognized by the United States Department of Education;

(d) File with the commission a completed, signed, and dated Form PE-10, Application to Award an Associate Degree, incorporated by reference in 791 KAR 1:010;

(e) Pay the fee for application to award an associate degree set forth in 791 KAR 1:025, Section 8;

(f) Ensure that marketing techniques and advertisements shall not guarantee employment;

(g) Not offer to the public, advertise, or enroll students in a new associate degree program until all necessary forms have been submitted to the commission office for review, and written approval of the application is received from the commission; and

(h) Be inspected by a member of the commission, or commission designee, with prior notification to the school of the date and time of the inspection to determine compliance with KRS 165A.370 and this administrative regulation.

(2) A class in the program shall not commence before the inspection report evidences that the program is in compliance.

Section 3. Associate of Arts Degree or Associate of Science Degree.

(1) The granting of an associate of arts degree or associate of science degree shall be limited to a school accredited by an accrediting agency recognized by the U.S. Department of Education.

(2) The associate of arts degree or associate of science degree shall be awarded to a student who has successfully completed a degree program comprised of a minimum of sixty (60) semester credit hours or ninety (90) quarter credit hours of study.

(a) Of the total credit hours, a minimum of thirty (30) semester credit hours or forty-five (45) quarter credit hours, shall be in the appropriate business, technical, or other major field of study as indicated in the program title and description.

(b)

A minimum of fifteen (15) semester credit hours or twenty-two and one-half (22 1/2) quarter credit hours, shall be required in general education studies.
General education studies shall include courses other than the core major offering, including science, mathematics, social and behavioral sciences, and humanities, and shall offer balance to the total program.

Section 4. Specialized Associate Degree.

(1) The granting of a specialized associate degree designated as an associate of applied science degree or associate of occupational studies degree is limited to schools accredited by an accrediting agency recognized by the U.S. Department of Education, as a business or specialized school.

(2)

(a) The associate of applied science degree or associate of occupational studies degree shall be awarded to a student who has successfully completed a degree program comprised of a minimum of sixty (60) semester credit hours or ninety (90) quarter credit hours.

(b) The degrees shall have at least nine (9) semester hours, thirteen and one-half (13 ½) quarter hours, or its recognized clock hour equivalent in general education or applied general education studies. General education studies shall include courses other than the core major offering, including science, mathematics, social and behavioral sciences, and humanities. Applied general education studies shall include courses that apply to a specific occupation (e.g., technology, medication math, psychology for health professionals, and business math) and also satisfy general education requirements.

Section 5. Additional Standards.

(1) An associate degree granting school approved by this commission shall follow the additional standards established in this section.

(a) The library or learning resource center items shall include relevant periodical subscriptions or computer data bases and shall contain professionally accepted references in the field or fields of study which shall be appropriate for the program offered.

(b) The library or learning resource center shall be accessible for all students to use the items and shall provide access to materials at hours other than times classes are being taught.

(c)

A designated staff member shall be responsible for the library or learning resource center, and sufficient funds for support of the facility and acquisition of library or learning resource center items shall be provided.
In determining whether sufficient funds are provided, current student enrollment shall be considered.

(d) All equipment and training aids shall be relevant to the program offered and shall be in sufficient quality and quantity to accommodate the current student enrollment.

(e) The school shall provide a listing of the program requirements and prerequisites for the degrees offered.

(f)

A catalog shall be printed containing a description for each course that is required or which may be taken to meet the requirements for the degree.
The catalog shall include all prerequisites.

(g) All promotional literature and advertising shall appropriately identify the degree offered.

(h)

The school shall submit a completed Form PE-11, Form for Instructional Staff and Key Administrative Personnel for each instructor, incorporated by reference in 791 KAR 1:010, to the commission before classes listed on the application begin.
Official transcripts, and if applicable, copies of certifications, licenses, and other designations for each instructor in the degree program shall be maintained on file at the school.

(i) The school shall maintain on file a current course syllabus for each course taught.

(j) The school shall maintain on file for the commission or its designee a copy of its last accreditation self-study and correspondence with accrediting agencies.

(2) The school shall make the following materials available to a member of the commission or its designee at the on-site visit:

(a) Promotional literature;

(b) School catalog;

(d) Inventory of classroom equipment;

(e) Student files;

(f) Faculty files;

(g) Staff files;

(h) A list of all personnel by position indicating part-time and full-time employees; and

(i) A current organizational chart.

(3)

(a) The school shall provide a Statement of Quality Assurance as determined by the Commission that is placed on school letterhead, signed, notarized, and uploaded electronically to EDvera.

(b) The Statement of Quality Assurance shall certify that:

The school is currently in compliance and shall remain in compliance with KRS Chapter 165A and KAR Title 791, and all applicable state, federal, and local laws; and
The school shall adhere to the standards required for schools licensed by the Kentucky Commission on Proprietary Education.

(c) The Statement of Quality Assurance shall include that the school shall maintain the following and make these available to the commission upon request:

A listing of each program for which the school is approved, including the Classification of Instructional Programs (CIP) code, the number of contact or credit hours for the program, the length of the program, and the cost of the program;
A copy of:

a. The school's enrollment agreement noting each item that is required by KRS Chapter 165A;

b. (i.) Its most recent audited financial statement, if the school is accredited; or (ii.) Its most recent financial income statement certified by an independent accountant, if the school is not accredited;

c. Its faculty and personnel handbook;

d. Its current catalog, certified, true, and correct in content;

e. Any advertising and marketing materials utilized by the school;

f. Its occupational license and current fire inspection report;

g. Its organizational chart for each school;

h. Its certificate of accreditation, if accredited; and

Form PE-11, Form for Instructional Staff and Key Administrative Personnel, as incorporated by reference in 791 KAR 1:010.

Section 6. Failure to Meet Standards for Licensure.

(1) A school's failure to meet the standards for licensure set forth in this administrative regulation shall be grounds for:

(a) Denial of a license; or

(b) Suspension or revocation of an existing license.

(2) The commission shall notify the school by registered mail, return receipt, of the denial, suspension, or revocation of the school's license.

History

RELATES TO: KRS 165A.310(5), 165A.330, 165A.340, 165A.350, 165A.360, 165A.370(1), 165A.390, 165A.450
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.360(2), (7), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the Kentucky Commission on Proprietary Education to promulgate administrative regulations to administer the provisions of KRS Chapter 165A. KRS 165A.360(2) requires the commission to establish application forms and fees. KRS 165.360(7) authorizes the commission to promulgate administrative regulations requiring supporting documentation to accompany application. This administrative regulation establishes the application requirements and licensure standards.
History: 9 Ky.R. 850; eff. 2-2-1983; Recodified from 201 KAR 24:030, 4-22-1991; Recodified from 783 KAR 1:010, 11-7-2002; Am. 34 Ky.R. 1107; 1712; eff. 2-1-2008; Recodified from 201 KAR 40:020, 6-12-2014; 41 Ky.R. 113; 750; eff. 10-31-2014; 48 Ky.R. 1028; 49 Ky.R. 793; eff. 1-3-2023.

791 KAR 1:025 Fees {#sec-791-kar-1-025 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:025}

Section 1. Definitions.

(1) "Actual cost" means the amount sufficient to reimburse the commission for all travel and expenses incurred, including the expense of contract labor, consultant fees, or other miscellaneous expenses necessitated by a site visit or inspection.

(2) "Gross revenue" means the total amount of tuition earned by a school less any tuition refunds to the students during the immediate past school year, July 1 through June 30.

(3) "Transfer of ownership" means any change or transfer in ownership whether or not the change results in a change of control.

Section 2. Initial Licensure Fee and Student Protection Fund Contribution.

(1) The fee for initial licensure as a school residing in and doing business in Kentucky shall be $500.

(2) The initial contribution to the student protection fund for a school residing in and doing business in Kentucky shall be $500.

(3) The fee for initial licensure as a school not residing in Kentucky, but doing business in Kentucky, shall be $1,250.

(4) The initial contribution to the student protection fund for a school not residing in Kentucky, but doing business in Kentucky, shall be $1,250.

(5) At any time the balance in the student protection fund falls below $500,000, each licensed school shall make an additional contribution to the fund. The amount of the additional contribution shall be determined by the commission pursuant to KRS 165A.450(2)(a) and (b). The commission shall calculate the amount due per school, pursuant to Section 3(1) and (2) of this administrative regulation, and shall use a percentage appropriate to replenish the fund. The additional contribution shall be paid on a quarterly basis until the fund is replenished.

(6) For initial and annual renewal license application fees for resident and non-resident commercial driver license training schools refer to 791 KAR 1:050, 791 KAR 1:060, and, 791 KAR 1:070.

Section 3. Annual Renewal License Fee for Schools.

(1)

(a) Except as provided in paragraph (b) of this subsection, the annual renewal license fee for a school residing in and doing business in Kentucky shall be $500.

(b) If the school's gross revenue exceeds $50,000, the annual renewal license fee for a school residing in and doing business in Kentucky shall be $500 plus twenty-five (25) dollars for each additional $10,000 of gross revenue in excess of $50,000, not to exceed $3,000.

(2)

(a) Except as provided in paragraph (b) of this subsection, the annual renewal license fee for a school not residing in Kentucky, but doing business in Kentucky, shall be $1,250.

(b) If the school's gross revenue exceeds $50,000, the annual license fee for a school not residing in Kentucky, but doing business in Kentucky, shall be $1,250 plus twenty-five (25) dollars for each additional $10,000 of gross revenue for Kentucky residents in excess of $50,000, not to exceed $3,000.

(3) Late fees for a resident or nonresident school's annual renewal license shall be:

(a) Ten (10) percent of the total application fee if received after the due date, May 15, up to and including the fifth business day;

(b) Twenty (20) percent of the total application fee if received after the fifth business day, up to and including the tenth business day;

(c) Thirty (30) percent of the total application fee if received after the tenth business day, up to and including the fifteenth business day;

(d) Forty (40) percent of the total application fee if received after the fifteenth business day, up to and including the twentieth business day;

(e) Fifty (50) percent of the total application fee if received after the twentieth business day, up to and including the twenty-fifth business day;

(f) Seventy-five (75) percent of the total application fee if received after the twenty-fifth business day, up to and including the thirtieth business day; and

(g) 100 percent of the total application fee if received after the thirtieth business day.

Section 4. Annual Permit Fees for Agents. The annual permit fee for each agent working for a school licensed by the commission shall be $175.

Section 5. Transfer of Ownership of a School. The fee for recording a transfer of ownership of a school licensed by the commission shall be $500.

Section 6. Change of Name of a School. The fee for approval of a change of name of a school shall be $150.

Section 7. Change of location of a school. The fee for approval of a change of location of a school shall be $500.

Section 8. Application to Award an Associate Degree. The fee for an application to award an associate degree shall be $750 per degree.

Section 9. New Program. The fee to apply for a new certificate or diploma program shall be $200.

Section 10. Program Revisions.

(1) The fee to apply for approval to revise twenty-five (25) percent or more of any existing program shall be $200.

(2) The fee to apply for approval to revise less than twenty-five (25) percent of any program shall be $100.

Section 11. Transcript Requests from a Closed School. The fee for requesting a transcript from a closed school shall be five (5) dollars.

Section 12. Actual cost of site visits.

(1) Actual costs connected with a site visit conducted in accordance with KRS 165A.370, such as travel, meals, lodging, and consultant honoraria, shall be paid by the school.

(2) The estimated cost of the site visit shall be paid by the school prior to the site visit.

(3) The final settlement regarding actual costs incurred shall be paid by the school no later than thirty (30) days after receipt of the invoice.

(4) Failure to pay these actual costs shall be grounds for:

(a) Denial of a license; or

(b) Suspension or revocation of an existing license.

(5) This section shall not apply to visits conducted in accordance with KRS 165A.475(3) and (4).

Section 13. Proration or Refund of Fees and Contributions. A fee paid to the commission or contribution to the student protection fund shall not be prorated or refunded.

Section 14. Penalties. A school shall have a license suspended or revoked, be directed to take specific corrective actions, or submit to additional inspections, with and without notice for failure to pay fees or contribute to the student protection fund in accordance with this administrative regulation.

History

RELATES TO: KRS 165A.350(3), 165A.360(1), (2), (9), 165A.370(1), (2), 165A.380, 165A.475(3), (4)
STATUTORY AUTHORITY: KRS 165A.340(6), (10), 165A.390, 165A.400, 165A.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and (10), 165A.400, and 165A.450 authorize the commission to promulgate administrative regulations to administer and enforce the provisions of KRS Chapter 165A, including establishment of fees and other charges. This administrative regulation establishes the fees for the Kentucky Commission on Proprietary Education.
History: 34 Ky.R. 1301; 1713; eff. 2-1-2008; Recodified from 201 KAR 40:025, 6-12-2014; 41 Ky.R. 118; 473; 754; eff. 10-31-2014; 48 Ky.R. 1032, 49 Ky.R. 796; eff. 1-3-2023.

791 KAR 1:027 School record keeping requirements {#sec-791-kar-1-027 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:027}

Section 1. Minimum Record Keeping Requirements. Each licensed proprietary school shall maintain a separate file for each student, including, at a minimum:

(1) Student application for admission;

(2) Enrollment agreement;

(3) Transcript or other academic record;

(4) Student account;

(5) Placement record; and

(6) Attendance record.

Section 2. Annual Renewal Record Keeping Requirements.

(1)

(a) Effective with the 2008 annual license renewal, all proprietary schools shall submit electronic copies of all students' transcripts and student accounts of each student who has attended the school since the end of the immediately preceding renewal period.

(b) The electronic copies shall be identified on the Application for License Renewal Resident School (PE-17) or the Application for License Renewal Nonresident School (PE-18), incorporated in 791 KAR 1:010, Section 12, and shall be submitted in conjunction with the annual renewal application and shall be organized alphabetically according to the students' last names.

(2) If there is a change of ownership or a school closure, electronic copies of all students' transcripts and student accounts, in a generally accepted electronic format, shall be submitted to the commission within thirty (30) days of the transfer or closure.

History

RELATES TO: KRS 165A.370(1)
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.370(1)(h), (i), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.370(1)(h) and (i) set forth the types of records which shall be maintained by a proprietary school. KRS 165A.340(6) and 165A.400 authorize the commission to promulgate necessary administrative regulations to promote efficiency of operations relating to proprietary schools. This administrative regulation specifies the manner in which documents shall be maintained and submitted to the commission.
History: 34 Ky.R. 1303; Am. 1715; eff. 2-1-2008; Recodified from 201 KAR 40:027, 6-12-2014; 48 Ky.R. 1034; 49 Ky.R. 797; eff. 1-3-2023.

791 KAR 1:030 Procedures for hearings {#sec-791-kar-1-030 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:030}

Section 1. Definitions.

(1) "Charge" means a specific allegation contained in a formal pleading, as established in Section 5(3) of this administrative regulation, issued by the commission alleging a violation of a specified provision of KRS Chapter 165A or the requirements established in 791 KAR Chapter 1.

(2) "Complaint" means a written allegation of misconduct by an agent or school, or other allegation of a violation of KRS Chapter 165A, the requirements established in 791 KAR Chapter 1, or another state or federal statute or administrative regulation applicable to an agent or school.

(3) "Complaint committee" means the committee appointed pursuant to KRS 165A.340.

(4) "Formal pleading" means a formal administrative statement authorized by the commission which sets forth charges against a licensed school or agent and commences a formal disciplinary proceeding, pursuant to KRS Chapter 13B, or requests a court to take action.

(5) "Informal proceeding" means a proceeding instituted during the disciplinary process with the intent of reaching a disposition of a matter without further recourse to formal disciplinary procedures under KRS Chapter 13B.

(6) "Investigator" means an individual designated by the commission to assist the commission in the investigation of a complaint or an investigator employed by the Attorney General for the commission.

Section 2. Complaint Committee. In accordance with KRS 165A.340(12), the complaint committee shall:

(1) Be appointed by the chair of the commission to:

(a) Review complaints and investigative reports;

(b) Participate in an informal proceeding to resolve complaints; and

(c) Make recommendations for disposition of complaints to the full commission including the dismissal of a complaint or the issuance of a formal pleading; and

(2) Consist of three (3) persons who may be assisted by the commission staff and counsel to the commission.

Section 3. Receipt of Complaints.

(1) A complaint may be submitted by an individual, organization, or entity.

(2)

(a) A complaint shall be in writing and shall be filed on Form PE-24, Form to File a Complaint, accompanied, if applicable, by Form PE-25, Authorization for Release of Student Records.

(b) The Form PE-24 shall be signed and certified as to its truth by the person offering the complaint.

(3)

(a) Upon receipt of a complaint, a copy of the complaint shall be sent to the agent or school named in the complaint along with a request for a written response to the complaint and the time and place of the complaint committee hearing, once established.

(b) The agent or school shall file a written response with the commission within ten (10) days from the date of receipt.

(4) Upon receipt of the written response of the agent or school named in the complaint, a copy of the response shall be sent to the complainant, along with the time and place of the complaint committee hearing, once established.

(5) Upon receipt of the agent or school's response, the complaint committee may request an additional response from the complainant, agent, or school if additional issues are raised or clarification is needed.

Section 4. Initial Review.

(1) After the receipt of a complaint or the expiration of the period for the response, the complaint committee shall consider the complaint, response, and other relevant material available.

(2)

(a) The complaint committee may take steps to enter into informal proceedings with the agent or school which is the subject of the complaint for the purpose of resolving the matter.

(b) An agreed order or settlement reached through this process shall be approved by the commission.

(c) The complaint committee may employ mediation, persuasion, or conciliation, as methods of resolving the matter informally.

(3) If the complaint committee determines a complaint warrants an investigation against either an agent or school, the complaint committee shall authorize an investigator to investigate the matter and make a report to the complaint committee at the earliest opportunity.

Section 5. Results of Initial Review.

(1) After a complete review of the complaint, and implementation of any actions available to the complaint committee as set forth in Section 4 of this administrative regulation, a recommendation shall be made by the complaint committee to the commission.

(2) If the commission determines a complaint does not warrant further action or the issuance of a formal pleading against an agent or school, then the commission shall dismiss the complaint and shall notify both the complainant and the agent or school of the commission's decision.

(3) If the commission determines a violation of a statute or administrative regulation may have occurred or has occurred, then the commission shall:

(a) Direct the complaint committee or commission staff to undertake further action as established in KRS Chapter 165A or Section 4 of this administrative regulation;

(b) Direct the issuance of a formal pleading against either an agent or school by commission staff; or

(c) Review the formal pleading and, if approved, it shall be signed by the chairman and served upon the agent or school as required by KRS 13B.050.

Section 6. Operating without Appropriate License or Agent Permit. If the commission receives a complaint that an individual or school may be operating without the appropriate agent permit or license, the commission shall:

(1) Authorize commission staff to send a letter to the individual or school advising of a possible need for a permit or license, and enclose the appropriate application package;

(2) Authorize commission staff to issue a letter ordering the individual or school to cease and desist from operating the school;

(3) Forward information to the county attorney of the county of residence of the individual or school allegedly acting without appropriate permit or license, or the county where the alleged violation occurred, with a request that appropriate action be taken under KRS 165A.990; or

(4) Initiate action in Franklin Circuit Court for injunctive relief.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form PE-24, "Form to File a Complaint", May 2022; and

(b) Form PE-25, "Authorization for Release of Student Records", May 2022.

History

RELATES TO: KRS Chapter 13B, 165A.350(4)(b), 165A.360(3)(b), 165A.370(2)-(4), 165A.390, 165A.990
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the commission to promulgate administrative regulations for the administration of KRS Chapter 165A. This administrative regulation establishes hearing procedures.
History: 16 Ky.R. 501; Am. 746; eff. 10-13-1989; Recodified from 201 KAR 24:040, 4-22-1991; Recodified from 783 KAR 1:020, 11-7-2002; 34 Ky.R. 1110; 1715; eff. 2-1-2008; Recodified from 201 KAR 40:020, 6-12-2014; 41 Ky.R. 121; 756; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1035; 49 Ky.R. 798; eff. 1-3-2023.

791 KAR 1:035 Student protection fund {#sec-791-kar-1-035 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:035}

Section 1. Definitions.

(1) "Commission" means the Kentucky Commission on Proprietary Education.

(2) "Schools" means all schools, resident and nonresident, licensed by the commission.

(3) "Sponsor" means the original source of funds, whether student or entity, used to pay student charges for tuition, books, and fees.

(4) "Student" means a student currently enrolled and attending classes on a regular basis.

Section 2. Student Protection Fund Notice. Schools shall include on the student enrollment agreement, in 14-point type font:

(1) A statement notifying students of the existence of the student protection fund; and

(2) The process for filing a claim against the fund.

Section 3. Standards for Fund Distribution.

(1) The commission shall manage the student protection fund ("the fund"). The fund shall be used in accordance with KRS 165A.450.

(2) Each fund distribution for restitution shall be made payable to the appropriate sponsor, as determined by the commission and shall be made upon the presentation of a signed Form PE-38, Form for Claims Against the Student Protection Fund, and supporting documentation, verifying the student's enrollment and regular attendance at the time of the school or program closure. The commission may require supporting documentation, such as canceled checks, loan documents, or other documentation that supports the student's entitlement to restitution.

(3) The amount to be refunded shall equal the actual amount of loans and cash that have been applied to tuition, books, and fees on behalf of the student's attendance at the school. If the claims resulting from a school closing exceed the balance in the fund, the commission shall provide for a pro rata distribution of the fund balance.

(4) If restitution is paid by the fund, the fund shall be subrogated to the amount of the restitution.

(5) In order to be considered, a claim for restitution from the student protection fund shall be made within one (1) year of the date of the school or program closure.

(6) An applicant for payment from the student protection fund who is dissatisfied with the decision of the commission may ask for reconsideration of the commission's determination regarding eligibility for restitution from the student protection fund.

(7) The request for reconsideration shall be submitted by the applicant to the commission within thirty (30) calendar days of the mailing date of the commission's decision.

(8) The request for reconsideration shall be signed by the student and explain the reasons in support of a different decision.

(9) Within forty-five (45) days of receipt of the request for reconsideration, the commission shall make a final determination and provide notice to the applicant.

(10) Each student eligible for reimbursement shall receive funds from the surety bond or other collateral before filing a claim against the Student Protection Fund.

Section 4. Incorporation by Reference.

(1) Form PE-38, "Form for Claims Against the Student Protection Fund", May 2022, is incorporated by reference.

History

RELATES TO: KRS 165A.450
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.400, 165A.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the Kentucky Commission on Proprietary Education to promulgate administrative regulations to administer the provisions of KRS Chapter 165A. KRS 165A.450 requires the commission to promulgate administrative regulations to ensure there is a renewable student protection fund, impose fees when the balance of the fund drops below the minimum, and establish other requirements related to the fund. This administrative regulation establishes standards for distribution of the funds.
History: 18 Ky.R. 232; Am. 621; eff. 10-6-1991; Recodified from 783 KAR 1:030, 11-7-2002; Recodified from 201 KAR 40:035, 6-12-2014; 41 Ky.R. 123; 758; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1037; 49 Ky.R. 799; eff. 1-3-2023.

791 KAR 1:040 Commercial driver license training school curriculum and refresher course {#sec-791-kar-1-040 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:040}

Section 1. A commercial driver license training school shall adhere to the curriculum contained in the General Curriculum Standards for Kentucky Licensed Commercial Driving Schools, incorporated by reference in 791 KAR 1:070, Section 6.

Section 2. A commercial driver license training school may offer a refresher course, pursuant to KRS 332.095(3), for persons with a valid Class A commercial driver's license and shall maintain records of all persons taking the refresher course. The commercial driver license training school shall assess the person's qualifications and skill level to determine the appropriate course of study as contained in the General Curriculum Standards for Kentucky Licensed Commercial Driving Schools, incorporated by reference in 791 KAR 1:070, Section 6.

Section 3. A commercial driver license training school shall comply with drug testing of students in accordance with the United States Department of Transportation, Federal Motor Carrier Safety Administration Rule 49 C.F.R. 382.

History

RELATES TO: KRS 165A.330(1), 165A.370, 165A.460(1), 49 C.F.R. 382
STATUTORY AUTHORITY: KRS 165A.340(6), 332.095(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.460(1) requires that the Kentucky Commission on Proprietary Education establish a curriculum for commercial driver license training schools in consultation with the Kentucky State Police and the Kentucky Community and Technical College System. This administrative regulation establishes the curriculum regarding standards for commercial driver license training schools.
History: 30 Ky.R. 134; Am. 580; eff. 9-8-2003; 37 Ky.R. 784; eff. 11-16-2010; Recodified from 201 KAR 40:040, 6-12-2014; TAm eff. 4-12-2017; 48 Ky.R. 1039; 49 Ky.R. 799; eff. 1-3-2023.

791 KAR 1:050 Application for license for commercial driver license training school {#sec-791-kar-1-050 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:050}

Section 1. Application for Kentucky Resident Commercial Driver License Training School.

(1) Prior to establishment of a commercial driver license training school residing in Kentucky, the school owner shall:

(a) Complete and submit to the commission Form PE 30, Application for Resident Commercial Driver License Training School, with supporting documentation as listed on the form;

(b) Pay the nonrefundable application fee of $200 established in KRS 165A.475(2);

(c) Pay the nonrefundable license fee for a commercial driver license training school residing in and doing business in Kentucky of $500;

(d) Pay the nonrefundable contribution to the Student Protection Fund of $500; and

(e) Meet the requirements of Section 4 of this administrative regulation.

(2) All fees shall be submitted by certified check or money order payable to the "Kentucky State Treasurer".

Section 2. Application for Non-resident Commercial Driver License Training School.

(1) Prior to establishment of a commercial driver license training school not residing in Kentucky but recruiting, advertising, or otherwise doing business in Kentucky, the school's owner shall:

(a) Complete and submit to the commission Form PE 31, Application for Non-Resident Commercial Driver License Training School with supporting documentation as listed on the form;

(b) Pay the nonrefundable application fee of $200 established in KRS 165A.475(2);

(c) Pay the nonrefundable license fee for a commercial driver license training school not residing in and doing business in Kentucky of $1,250;

(d) Pay the nonrefundable contribution to the Student Protection Fund of $1,250; and

(e) Meet the requirements of Section 4 of this administrative regulation.

(2) All fees shall be submitted by certified check or money order payable to the "Kentucky State Treasurer".

Section 3. Annual Renewal License Fee for Commercial Driver License Training Schools.

(1)

(a) Except as provided in paragraph (b) of this subsection, the annual renewal license fee for a school residing in and doing business in Kentucky shall be $500.

(b) If the school's gross revenue exceeds $50,000, the annual renewal license fee for a commercial driver license training school residing in and doing business in Kentucky shall be $500 plus twenty-five (25) dollars for each additional $10,000 of gross revenue in excess of $50,000, not to exceed $3,000.

(2)

(a) Except as provided in paragraph (b) of this subsection, the annual renewal license fee for a commercial driver license training school not residing in Kentucky, but doing business in Kentucky, shall be $1,250.

(b) If the school's gross revenue exceeds $50,000, the annual license fee for a school not residing in Kentucky, but doing business in Kentucky, shall be $1,250 plus twenty-five (25) dollars for each additional $10,000 of gross revenue earned from Kentucky resident students in excess of $50,000, not to exceed $3,000.

Section 4.

(1) Evidence of Liability Insurance Coverage. Each application to operate a commercial driver license training school shall be accompanied by verification of liability insurance coverage for the commercial driver license training school from a Kentucky-licensed insurance carrier, as mandated by KRS 165A.475(1)(d).

(2) Verification of liability insurance coverage from the school's insurance carrier shall include on the policy complete listing of all equipment, serial numbers, vehicle identification numbers covered by the liability insurance with subsequent liability insurance coverage changes filed with the commission in writing within thirty (30) days of the subsequent change.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form PE 30, "Application for Resident Commercial Driver License Training School", as provided in EDvera software version 2.1, edition May 2022; and

(b) Form PE 31, "Application for Non-Resident Commercial Driver License Training School", as provided in EDvera software version 2.1, edition May 2022.

History

RELATES TO: KRS 165A.330(1), 165A.370, 165A.450, 165A.465, 165A.470, 165A.475, 165A.480(1)
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.400, 165A.465(3), 165A.475, 165A.510
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the Kentucky Commission on Proprietary Education to promulgate administrative regulations to administer the provisions of KRS Chapter 165A. KRS 165A.465, 165A.475, and 165A.510 require the commission to promulgate administrative regulations establishing standards and an application procedure for commercial driver license training schools. This administrative regulation establishes the application procedures for commercial driver license training schools.
History: 30 Ky.R. 135; Am. 580; eff. 9-8-2003; 37 Ky.R.786; 1186; eff. 11-16-2010; Recodified from 201 KAR 40:050, 6-12-2014; 41 Ky.R. 125; 758; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1040, 49 Ky.R. 800; eff. 1-3-2023.

791 KAR 1:060 Application for renewal of license for commercial driver license training school {#sec-791-kar-1-060 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:060}

Section 1. Renewal Application for Kentucky Commercial Driver License Training School.

(1) On or before forty-five (45) days prior to the expiration date , a licensed Kentucky resident commercial driver license training school shall:

(a) Complete and submit to the commission Form PE 32, Renewal Application to Operate a Resident Commercial Driver License Training School, with supporting documentation as listed on the form;

(b) Pay the nonrefundable renewal application fee of $200 established in KRS 165A.475(2);

(d) Meet the requirements of Section 3 of this administrative regulation.

(2) All fees shall be paid by check or money order payable to the Kentucky State Treasurer.

Section 2. Renewal Application for Non-Resident Commercial Driver License Training School.

(1) On or before forty-five (45) days prior to the expiration date , a licensed non-resident commercial driver license training school not residing in Kentucky, but recruiting, advertising, or otherwise doing business in Kentucky shall:

(a) Complete and submit to the commission Form PE 33, Renewal Application to Operate a Non-Resident Commercial Driver License Training School, with supporting documentation as listed on the form;

(b) Pay the nonrefundable renewal application fee of $200 established in KRS 165A.475(2);

(d) Meet the requirements of Section 3 of this administrative regulation.

(2) All fees shall be paid by check or money order made payable to the Kentucky State Treasurer.

Section 3. Evidence of Liability Insurance Coverage.

(1) Each renewal application to operate a commercial driver license training school shall be accompanied by verification of liability insurance coverage for the commercial driver license training school from a Kentucky-Licensed insurance carrier, as mandated by KRS 165A.475(1)(d).

(2) Verification of liability insurance coverage from the school's insurance carrier shall include on the policy a complete listing of all equipment, serial numbers, and vehicle identification numbers covered by the liability insurance with subsequent liability insurance coverage changes filed with the commission in writing within thirty (30) days of the subsequent change.

Section 4. Denial of Renewal Application.

(1) The commission shall deny a renewal application to operate a commercial driver license training school for:

(a) Failure to comply with the requirements of KRS 165A.460-165A.515;

(b) Failure to comply with 791 KAR 1:040 to 791 KAR 1:160, governing the application and operation of a commercial driver license training school;

(c) Failure to comply with KRS 165A.475(1)(d) regarding persons connected in any capacity with commercial driver license training schools; or

(d) Failure to maintain all training vehicles in a safe operating condition, pursuant to 49 C.F.R. Part 383, as enforced by the Kentucky State Police.

(2) The commission may deny a renewal application to operate a commercial driver license training school for lack of good moral character, as determined by KRS 165A.475(7).

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form PE 32, "Renewal Application to Operate a Resident Commercial Driver License Training School", as provided in EDvera software version 2.1, edition May 2022; and

(b) Form PE 33, "Renewal Application to Operate a Non-Resident Commercial Driver License Training School", as provided in EDvera software version 2.1, edition May 2022.

History

RELATES TO: KRS 165A.330(1), 165A.370, 165A.460-165A.515, 49 C.F.R. Part 383
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.400, 165A.485
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the Kentucky Commission on Proprietary Education to promulgate administrative regulations to administer the provisions of KRS Chapter 165A. KRS 165A.485 requires that the Kentucky Commission on Proprietary Education establish application forms for license renewal of commercial driver license training schools. This administrative regulation establishes the renewal procedures for commercial driver license training schools.
History: 30 Ky.R. 135; Am. 580; eff. 9-8-2003; 37 Ky.R. 787; 1187; eff. 11-16-2010; Recodified from 201 KAR 40:060, 6-12-2014; 41 Ky.R. 127; 759; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1042; 49 Ky.R. 8100; eff. 1-3-2023.

791 KAR 1:070 Commercial driver license training school instructor and agent application and renewal procedures {#sec-791-kar-1-070 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:070}

Section 1. Definitions.

(1) "Classroom instructor" means a commercial driver license school instructor whom the school owner has qualified to perform classroom instruction only for the classroom sections of the General Curriculum Standards for Kentucky Licensed Commercial Driving Schools.

(2) "Skills Instructor" means a commercial driver's license school instructor who instructs the Range and Street sections of the General Curriculum Standards for Kentucky Licensed Commercial Driving Schools and has met the licensing requirements of Section 2 of this administrative regulation.

Section 2. An applicant for a Commercial Driver License Training School Skills Instructor license shall:

(1) Complete and submit Form PE 34, Application for Licensure as a Commercial Driver License Training School Skills Instructor;

(2) Submit two (2) recent passport-size photographs, electronically provided to the commission;

(3) Pay the nonrefundable application fee of twenty (20) dollars established in KRS 165A.475(6);

(4) Pay the nonrefundable initial licensure fee of $200;

(5) Provide a copy of the applicant's valid Class A CDL license;

(6) Provide proof of at least two (2) years of verifiable commercial over the road driving experience; and

(7) Provide proof of receiving a passing score on the written examination and skills examination administered by the Kentucky State Police as required by 502 KAR 10:030 and 10:035.

Section 3. Application for Renewal of Commercial Driver License Training School Instructor. On or before May 15 of each year, a licensed commercial driver license training school instructor, or a licensed commercial driver license training school on behalf of the skills instructor, shall:

(1) Complete and submit Form PE 35, Renewal Application for Licensure as a Commercial Driver License Training School Instructor;

(2) Submit two (2) recent passport-size photographs, electronically provided to the commission;

(3) Pay the nonrefundable application fee of twenty (20) dollars established in KRS 165A.475(6); and

(4) Pay the nonrefundable renewal fee of $200.

Section 4. Classroom Instructors. The CDL school shall submit a Form PE 11, Form for Instructional Staff and Key Administrative Personnel, incorporated by reference in 791 KAR 1:010, to the commission upon qualifying an individual as a classroom instructor.

Section 5. Conditional License for CDL Skills Instructor.

(1) The commission shall issue to an applicant who has completed the requirements of Sections 2 and 3 of this administrative regulation a temporary permit, by way of letter, for the performance of skills instructor duties while the license application is being processed.

(2) The commission shall provide the applicant and the licensed school a letter stating the applicant's application is in order and is being processed for applicant licensing.

(a) The commission shall provide this letter within ten (10) business days of receipt of a properly completed application.

(b) This letter shall serve as the applicant's conditional license until a regular license is issued.

(c) A copy of the commission's letter shall be maintained by the applicant and be available for review upon request by the commission's inspector or the Kentucky State Police.

(d) If the applicant is denied a license, the commission shall issue a notice to the applicant and the applicant's school rescinding the applicant's conditional license for a skills instructor.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "General Curriculum Standards for Kentucky Licensed Commercial Driving Schools", June 2014 edition;

(b) Form PE 34, "Application for Licensure as a Commercial Driver License Training School Skills Instructor", as provided in EDvera software version 2.1, edition May 2022; and

(c) Form PE 35, "Renewal Application for Licensure as a Commercial Driver License Training School Instructor", as provided in EDvera software version 2.1, edition May 2022 .

History

RELATES TO: KRS 165A.310, 165A.330(1), 165A.350, 165A.370, 165A.380, 165A.460, 165A.465, 165A.470, 165A.475, 165A.480, 165A.485, 332.095
STATUTORY AUTHORITY: KRS 165A.340, (6), (10), 165A.400, 165A.465, 165A.510
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and (10), 165A.400, 165A.465, and 165A.510 require the Kentucky Commission on Proprietary Education to promulgate administrative regulations for the administration of KRS Chapter 165A and to establish standards for instructors and agents of commercial driver licensing schools, including application and renewal procedures. This administrative regulation establishes the standards for instructors and agents, including application and renewal procedures regarding commercial driver license training schools.
History: 30 Ky.R. 137; Am. 582; eff. 9-8-2003; 37 Ky.R. 789; 1188; 11-16-2010; Recodified from 201 KAR 40:070, 6-12-2014; 41 Ky.R. 129; 759; eff. 10-31-2014; TAm eff. 4-12-2017; 48 Ky.R. 1044; 49 Ky.R. 801; eff. 1-3-2023.

791 KAR 1:080 Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools {#sec-791-kar-1-080 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:080}

Section 1. Maintenance of Student Records and Student Roster.

(1)

(a) Each licensed commercial driver license training school shall maintain a permanent record of instruction given to each student to include the student instructional training progress report cards or sheets, transcripts, student written examination results, and yard and street student skills examination scores for so long as the commercial driver license training school holds a license or conducts business.

(b) If the commercial driver license training school discontinues operation, then the school shall comply with KRS 165A.390(5) and 791 KAR 1:155.

(2) The records to be maintained by the commercial driver license training school shall contain the following:

(a) Name and address of the commercial driver license training school;

(b) Name and address of the student;

(d) A photocopy of, or the number of the student's CDL class A driver's license after completion of course requirements and successful completion of license examination requirements administered by the Kentucky State Police;

(e) The type and date of instruction given, whether classroom, yard, street, or behind-the-wheel, including the duration of instruction;

(f) The printed name and signature of the instructor on the student instruction card or progress record sheet or equivalent training record forms;

(g) Student's completed application, student contract or enrollment agreement, including the student's signature and authorized school official's signature properly dated;

(h) Financial documents signed by the student including the student's completed loan agreement and accurate record of all fees paid to the school and government agencies;

(i) Student's attendance record;

(j) Student's progress report;

(k) Student's transcript including all examination grades and skills proficiency competency scores, or evaluation received during course of instruction;

(l) Written examination and skills examination, including grade; and

(m) Results of medical fitness examination and DOT-required drug test.

(3) The school shall furnish each commercial driver license training student upon the student's request a copy of his or her student instruction record if he or she ceases taking instruction at the school.

(4) All student records, school facilities, and school equipment are subject to inspection by the commission and its representatives upon request and without prior notice to the school.

Section 2. Schedule of Fees Charged to Students and Refund Policy.

(1) Each licensed commercial driver license training school shall publish a schedule of fees charged to students for instruction to include as applicable:

(a) Administrative fee;

(b) Registration and application fee;

(d) Commercial driver license permit fee;

(e) Off-the-road and on-the-road training fees;

(f) Room and commission costs; and

(g) Department of Transportation drug test and medical fitness examination.

(2) The schedule of fees shall be published:

(a) In the school's catalog, brochure, and Web site;

(b) In the student contract or enrollment agreement; and

(3) Each licensed commercial driver license training school shall establish and adhere to a refund policy to be published:

(a) In the school's catalog;

(b) In the student contract or enrollment agreement; and

(4) At least five (5) days before a prospective student signs a contract or enrollment agreement, the commercial driver license school shall provide to the prospective student:

(a) The school catalog;

(b) The student contract or enrollment agreement; and

Section 3. Contracts and Agreements Involving Licensed Commercial Driver License Training Schools.

(1) Each licensed commercial driver license training school shall:

(a) File and maintain with the commission an accurate and current list of those persons authorized by the school to execute student enrollment contracts and student tuition loan agreements on behalf of the licensed commercial driver license training school including a sample of each person's signature;

(b) Provide to each student who enters a contract or agreement with a licensed commercial driver training school a copy of the signed contract or enrollment agreement; and

(c) File the original of each student contract or enrollment agreement in the permanent student record maintained by the school.

(2) All contracts or enrollment executed by the licensed commercial driver license training schools and its students shall contain the following information:

(a) The name and address of the school. If the school is conducted under an assumed name or is operated by a corporation, partnership, or association, the contract or enrollment agreement shall contain the name of the individual owners or names of the officers of the corporation, association, or members of the partnership;

(b) A statement containing the following text in at least fourteen (14) point font: "This constitutes the entire agreement between the school and the student. No verbal agreements or promises shall be recognized by either the school or the student.";

(d) A signature and date line for the student and an authorized school official;

(e) A complete description of all fees charged as set forth in Section 2 of this administrative regulation; and

(f) A statement containing the following text in at least fourteen (14) point font: "The Kentucky Revised Statutes and Kentucky Administrative Regulations governing licensed commercial driver training schools shall be available at the facility upon request."

Section 4. Advertising and Solicitation of Students by Commercial Driver License Training Schools.

(1) A person, school, institution, organization, company, association, or partnership shall not advertise or advertise to recruit students unless licensed by the commission.

(2) A licensed commercial driver license training school shall not use any name other than its licensed name, nor shall it advertise or imply that it is "supervised," "recommended," "accredited," or "endorsed" by the Kentucky Commission on Proprietary Education. A school may state "Licensed by the Kentucky Commission on Proprietary Education" in its advertisements.

(3) A licensed commercial driver training school shall not:

(a) Claim nor imply that it guarantees employment upon successful completion of the program;

(b) Guarantee or imply that it guarantees the student will receive a commercial driver license training permit or commercial driver license;

(d) Hold itself out as being any type of establishment other than an educational or training establishment;

(e) Use a name that is like or deceptively similar to a name used by another commercial driver license training school;

(f) Advertise or imply that instruction may be given to students who fail the program or examinations without charge to the student unless that instruction without examination is contained in the student contract or enrollment agreement; or

(g) Advertise or solicit in the "help wanted" section of any newspaper or periodical.

(4) A licensed commercial driver license training school shall submit a copy of all advertisements and directory listings to the commission at least thirty (30) days prior to the scheduled publishing date.

Section 5. Inspections of Commercial Motor Vehicles Used by Commercial Driver License Training Schools, Including Mandatory Equipment and Out-of-Service Criteria.

(1) Annual inspection. The school shall maintain a copy of the results of the Kentucky State Police's annual inspections of the school's vehicle inventory, as listed with the commission.

(2) In order to be approved, the vehicle shall be:

(a) Owned or leased by the licensed school;

(b) In safe operating condition;

(d) Equipped with seat belts for each vehicle occupant as established by KRS 189.125;

(e) Equipped with functioning side-view and rear-view mirrors;

(f) Identified and clearly displayed on the front, sides, and rear of the vehicle, in letters not smaller than six (6) inches in height and in a color vividly contrasting with the color of the vehicle, the following:

Name of the commercial driver license training school; and
Words "Student Driver."

(3) Expiration of safety inspection and notification of vehicle changes. The commercial driver license training school shall:

(a) Maintain proof that the vehicle is inspected by the Kentucky State Police annually and passes the inspection;

(b) Remove from use any vehicle that has not passed the inspection by the Kentucky State Police; and

(c) File with the commission written notice if a vehicle has been added or deleted from the school's motor vehicle fleet and have submitted to the commission a revised insurance policy as mandated by KRS 165A.475(1)(d) no later than five (5) business days from the date that the vehicle was added or deleted from the school's motor vehicle fleet.

History

RELATES TO: KRS 165A.330(1), 165A.370, 165A.390, 165A.475, 165A.500, 165A.510, 189.125
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.510
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.500 and 165A.510 require the Kentucky Commission on Proprietary Education to establish the standards for maintenance of student records, schedule of fees charged to students and refund policy, contracts and agreements involving licensed commercial driver license training schools, advertising and solicitation of students by commercial driver license training schools. This administrative regulation establishes these standards for commercial driver license training schools.
History: 30 Ky.R. 139; Am. 583; eff. 9-8-2003; 37 Ky.R. 791; 1189; eff. 11-16-2010; Recodified from 201 KAR 40:080, 6-12-2014; 48 Ky.R. 1046; 49 Ky.R. 802; eff. 1-3-2023.

791 KAR 1:100 Standards for Kentucky resident commercial driver training school facilities {#sec-791-kar-1-100 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:100}

Section 1. The following standards shall apply to Kentucky resident CDL driver training school office facilities:

(1) A Kentucky resident CDL driver training school location shall have and maintain an established place of business in the Commonwealth of Kentucky.

(2) The established place of business of each Kentucky resident CDL driver training school shall:

(a) Be owned or leased by the driver training school;

(b) Regularly occupied; and

CDL driver training instructions for hire;
Preparing members of the public for examination for a commercial motor vehicle operator's license; and
Instruction of knowledge and skills for entry level tractor and trailer drivers or commercial motor vehicle operators.

(3) The established place of business of each Kentucky resident CDL driver training school shall be located in a district zoned for business or commercial purposes. The Kentucky resident CDL driver training school office shall have a permanent sign displaying the licensed school name. If the classroom or training yard is at a different address, it shall also have a permanent sign meeting the same criteria.

(4) The established place of business or advertised address of any Kentucky resident CDL driver training school shall not consist of or include a house trailer, residence, tent, temporary address, office space only, a room or rooms in a hotel, rooming house or apartment house, or premises occupied by a single or multiple unit dwelling house. Furthermore, a modular building or structure for use as a classroom or office shall be permanently affixed to the property and meet all applicable building codes.

(5) The Kentucky resident CDL driver training school, office, and classes shall be operated by responsible personnel during stated office hours and shall be open to inspection of the premises, facilities, records and vehicles by any authorized representative of the commission during this time.

(6) The Kentucky resident CDL driver training school shall have a business telephone used exclusively for the operation of the driving school and operational during the stated office hours.

(7) A Kentucky resident CDL driver training school shall not transfer its license without filing the Application to Transfer Ownership of a School, Form PE-21, incorporated by reference in 791 KAR 1:010, Section 12, for prior approval of the commission. There will be a $500 fee for a transfer of ownership.

(8) If a Kentucky resident CDL driver training school discontinues operations, the license and applicable student records shall be surrendered to the commission, at the expense of the licensee, in accordance with 791 KAR 1:155.

(9) A branch or satellite Kentucky resident CDL driver training school shall be licensed as an independent Kentucky resident CDL driver training school and meet all of the requirements of the commission as provided for in KRS Chapter 165A and 791 KAR 1:040 to 791 KAR 1:100.

Section 2. The following standards shall apply to Kentucky resident CDL driver training school classroom facilities:

(1) The classroom facility of each Kentucky resident CDL driver training school shall be reasonably near its office facility and within thirty (30) minutes normal driving time of that facility.

(2) The classroom shall contain sufficient space, equipment, and seating to carry on the business of classroom instruction for students enrolled in the Kentucky resident CDL driver training school, and preparation of students for examination for a commercial motor vehicle operator's license.

(3) The classroom facility shall have adequate lighting, heating, ventilation, sanitation facilities, and shall comply with all state and local laws relating to public health, safety and sanitation.

(4) The classroom facility shall contain the following equipment and supplies:

(a) Individual desks or tables with writing surfaces that, if required, may accommodate up to thirty (30) classroom students, or the school's maximum, number, if less than thirty (30) classroom students, based on available space and occupancy limits established by applicable fire code;

(b) Adequate blackboards or whiteboards which are visible from student seating areas;

(c) Adequate visual aids, charts, and diagrams or pictures relating to the operation of commercial motor vehicles and traffic laws;

(d) Other devices that may aid in acquainting students with state and federal traffic laws and prepare them to safely operate commercial motor vehicles; and; and

(e) All Kentucky Revised Statutes and administrative regulations governing CDL driver training schools, commercial motor vehicle operator license requirements and federal motor carrier rules and regulations, shall be prominently displayed so as to be accessible to applicants for enrollment and all students.

(5) In addition to the equipment and supplies in subsection (4) of this section, the following are suggested teaching aids:

(a) A reaction time testing device;

(b) Peripheral vision testing device; and

Section 3. Location Change of a Licensed CDL driver Training School. Prior to relocating any CDL driver training school office, classroom facility, behind-the-wheel training facility or location, or equipment thereof, the CDL driver training school shall:

(1) Submit a completed Application to Change the Location of a School, Form PE-23, incorporated by reference in 791 KAR 1:010, Section 12;

(2) Submit documentation indicating the new location is in compliance with all fire and safety codes;

(3) Submit the required change of school location application fee of $500 by certified check or money order made payable to the Kentucky State Treasurer; and

(4) Complete a successful inspection by the Kentucky State Police pursuant to the procedures outlined by KRS 165A.475(4).

History

RELATES TO: KRS 165A.330(1), 165A.370, 165A.475, 165A.510(1)
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.510
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.510(1) requires the commission to promulgate administrative regulations to set standards for CDL driver training school facilities. This administrative regulation establishes the commission's policy regarding standards for Kentucky resident commercial driver training school facilities.
History: 30 Ky.R. 143; Am. 585; eff. 9-8-2003; 37 Ky.R. 794; eff. 11-16-2010; Recodified from 201 KAR 40:100, 6-12-2014; TAm eff. 4-12-2017; 48 Ky.R. 1048; 49 Ky.R. 803; eff. 1-3-2023.

791 KAR 1:150 Bond requirements for agents and schools {#sec-791-kar-1-150 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:150}

Section 1. Surety Bond.

(1) A school shall:

(a) Complete a School Surety Bond, Form PE-26; and

(b) Maintain a school surety bond in the amount of at least $20,000.

(2) In lieu of the school surety bond, the commission shall accept an irrevocable letter of credit made in favor of the Kentucky Commission on Proprietary Education from a verifiable licensed financial institution in the amount of at least $20,000, or other types of collateral as approved by the commission that meet this minimum amount of $20,000 as established in KRS 165A.350(3).

Section 2. Agent Surety Bond.

(1) A school shall:

(a) In accordance with KRS 165A.350(3) maintain an agent surety bond, or in the case of multiple agents, maintain a blanket agent surety bond, in the amount of at least $5,000 for each agent employed by the school; and

(b) Complete a Blanket Agent Surety Bond, Form PE-27.

(2) In lieu of the agent surety bond, the commission shall accept an irrevocable letter of credit made in favor of the Kentucky Commission on Proprietary Education from a licensed financial institution equal to the amount specified in subsection (1) of this section, or other types of collateral as approved by the commission that meet the minimum amount established in subsection (1) of this section as established in KRS 165A.350(3).

Section 3. Multiple School Campuses.

(1) Each school campus for any school residing in and doing business in Kentucky for licensing and bonding purposes shall be considered a separate school and shall be required to provide a separate school surety bond and an agent surety bond.

(2) Each nonresidential school doing business in Kentucky shall be required to provide a school surety bond and an agent surety bond.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form PE-26, "School Surety Bond", edition May 2022; and

(b) Form PE-27, "Blanket Agent Surety Bond", edition May 2022.

History

RELATES TO: KRS 165A.350(3)-(7), (10), 165A.360(2)-(5), (10)
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.350(3), 165A.360(2), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6) and 165A.400 authorize the commission to promulgate administrative regulations to administer the provisions of KRS 165A.310-165A.390, including establishment of fees and other charges. KRS 165A.350 requires all proprietary schools to maintain a surety bond for the agents and the schools. KRS 165A.360(2) sets forth the range of bonding requirements for agents and schools and requires the commission to establish the bond amounts. This administrative regulation sets the surety bond requirements to be maintained on agents and schools.
History: 34 Ky.R. 1304; Am. 1718; eff. 2-1-2008; Recodified from 201 KAR 40:150, 6-12-2014; TAm eff. 4-12-2017; 48 Ky.R. 1050; 49 Ky.R. 805; eff. 1-3-2023.

791 KAR 1:155 School closing process {#sec-791-kar-1-155 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:155}

Section 1. Definitions.

(1) "Academic records" means records pertaining to academic matters, including enrollment agreements, contracts, transcripts, syllabi, catalogs, course listings, and attendance records.

(2) "Discontinuance of operation" means ceasing to operate as a school in the ordinary course of business, or in accordance with the minimum standards and requirements set forth in KRS 165A.370, or in a manner that prevents a student from completing the course or program as scheduled.

(3) "Financial aid records" means records pertaining to financial aid matters including applications for financial aid, award notices, disbursement amounts, refunds, student accounts, and loan promissory notes.

(4) "Financial records" means records pertaining to financial matters including ledger cards to include charges, credits, disbursements, refunds, and financial information.

Section 2. Procedures for Discontinuance of Operations and Conveyance of Student Records.

(1) A school shall notify the commission in writing of its intent to discontinue operations at least ten (10) business days prior to discontinuation of operations.

(2) A school shall simultaneously submit to the commission and the surety or financial institution notification of cancellation of school surety bonds, agent surety bonds, or letters of credit.

(3) If a school closes, the school shall make arrangements with the commission to forward all student transcripts, financial aid records, and financial records to the offices of the commission.

(4) If a school closes, the school shall arrange with another school or schools to provide teach-out options for students who may need that service.

Section 3. Immediate or Precipitous School Closure. In the absence of a notification of the intent to close, if the commission determines that a school has discontinued operations, a school shall submit the following records:

(1) Academic records of current and former students who attended the school within the last two (2) years prior to closure;

(2) Transcripts of former students who attended the school more than two (2) years prior to closure;

(3) Financial aid records of current and former students; and

(4) Financial records of current and former students; and

(5) Documents subpoenaed by the commission or the commission's designee in accordance with KRS 165A.340(11).

Section 4. Retention of Records by the Commission.

(1) The commission shall retain the original documents, or true and accurate copies, of transcripts and all other documentation received pursuant to Section 2 of this administrative regulation, in accordance with the Kentucky Commission on Proprietary Education Records Retention Schedule Recommendation developed with the Kentucky Department of Libraries and Archives.

(2) Documents obtained by the commission pursuant to Section 2 of this administrative regulation shall be state records under KRS 61.870 to 61.884 and subject to KRS 61.878(1)-(5).

Section 5. Incorporation by Reference.

(1) "Kentucky Commission on Proprietary Education Records Retention Schedule Recommendation", June 14, 2012, is incorporated by reference.

History

RELATES TO: KRS 61.870-61.884, 61.878(1)-(5), 165A.340(11), 165A.370, 165A.390(5)
STATUTORY AUTHORITY: KRS 165A.390(5), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.400 authorizes the commission to promulgate administrative regulations to administer the provisions of KRS 165A.310 to 165A.390. Pursuant to KRS 165A.390(5), prior to discontinuance of operations, a school shall convey student records to the commission. The commission shall set forth which records are to be conveyed, the manner they are to be conveyed, where they shall be stored, and the length of time for storage. This administrative regulation sets forth the specific responsibilities of a licensed school if it discontinues operations in accordance with KRS 165A.390(5).
History: 34 Ky.R. 1306; Am. 1718; eff. 2-1-2008; Recodified from 201 KAR 40:155, 6-12-2014; TAm eff. 4-12-2017; 48 Ky.R. 1051; 49 Ky.R. 805; eff. 1-3-2023.

791 KAR 1:160 Transfer of ownership, change of location, change of name, revision to existing programs {#sec-791-kar-1-160 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:160}

Section 1. Transfer of Ownership. A school which transfers ownership shall:

(1) File a completed, signed and dated Application to Transfer Ownership of a School, (Form PE-21), incorporated by reference in 791 KAR 1:010, Section 12, for commission approval within ten (10) days following the effective date of transfer.

(2) Pay by check or money order a transfer fee as set forth in 791 KAR 1:025, Section 5; and

(3) Submit a copy of legal evidence showing the transfer of ownership agreement and evidence of purchase.

Section 2. Change of Location.

(1) A school that changes location shall at least thirty (30) days prior to the change of location:

(a) File a completed, signed, and dated, Application to Change the Location of a School, (Form PE-23), incorporated by reference in 791 KAR 1:010, Section 12, for commission approval; and

(b) Pay by check or money order an application fee for the change of location set forth in 791 KAR 1:025, Section 7.

(2)

(a) An inspection shall be conducted by a member of the commission or its designee and submitted to the commission for approval.

(b) Schools that fail to meet minimum statutory and regulatory standards shall be provided a list of corrective measures to be completed prior to operation of the school.

Section 3. Change of Name of a School. A school which changes its name shall at least (30) days prior to the change of name:

(1) File a completed, signed, and dated, Application to Change the Name of a School, (Form PE-22), incorporated by reference in 791 KAR 1:010, Section 12, for commission approval; and

(2) Pay by check or money order an application fee for a change of name as set forth in 791 KAR 1:025, Section 6.

Section 4. Revise An Existing Program.

(1) A school which revises an existing program for twenty-five (25) percent or more, as established in 791 KAR 1:010, Section 10 shall at least thirty (30) days prior to the next commission meeting:

(a) File a completed, signed, and dated, Application to Revise an Existing Program for 25% or More, (Form PE-13), incorporated by reference in 791 KAR 1:010, Section 12, for commission approval; and

(b) Pay by check or money order the fee as set forth in 791 KAR 1:025, Section 10.

(2) A school which revises an existing program for less than twenty-five (25) percent shall file a completed, signed, and dated, Notification to Revise an Existing Program For Less Than 25%, (Form PE-12), incorporated by reference in 791 KAR 1:010, Section 12, prior to the effective date of change.

Section 5. Expansion of School Facilities.

(1) If a school expands the space of an approved location, the school shall notify the commission in writing at least ten (10) days prior to occupancy.

(2) If a school utilizes a space, other than an approved location, on an on-going basis, which is already approved for public use, the school shall notify the commission in writing.

Section 6. Conditional Approval. The executive director may provide conditional approval of applications until submitted to the commission for final approval.

History

RELATES TO: KRS 165A.360(2), (7), (9), 165A.370(1), (2)
STATUTORY AUTHORITY: KRS 165A.340(6), 165A.360(2), (9), 165A.370(1)(b), (j), 165A.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.400 authorizes the commission to promulgate administrative regulations to administer the provisions of KRS 165A.310 to 165A.390. Pursuant to KRS 165A.360(9), licenses issued by the commission are transferable. KRS 165A.370(1)(b) and (j) provide the commission with the authority to ensure that schools have all the necessary equipment to operate. This administrative regulation governs the procedures that a school shall follow to transfer ownership, change the location, change the name of the school, or revise an existing program for twenty-five (25) percent or more, as established in 791 KAR 1:010, Section 10)].
History: 34 Ky.R. 1307; Am. 1719; eff. 2-1-2008; Recodified from 201 KAR 40:160, 6-12-2014; 48 Ky.R. 1053; 49 Ky.R. 806; eff. 1-3-2023.

Title 791 KAR — Education and Workforce Development Cabinet - Kentucky Commission on Proprietary Education

Chapter 1 Kentucky Commission on Proprietary Education

791 KAR 1:010 Applications, permits, and renewals {#sec-791-kar-1-010 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:010}

791 KAR 1:020 Standards for licensure {#sec-791-kar-1-020 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:020}

791 KAR 1:025 Fees {#sec-791-kar-1-025 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:025}

791 KAR 1:027 School record keeping requirements {#sec-791-kar-1-027 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:027}

791 KAR 1:030 Procedures for hearings {#sec-791-kar-1-030 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:030}

791 KAR 1:035 Student protection fund {#sec-791-kar-1-035 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:035}

791 KAR 1:040 Commercial driver license training school curriculum and refresher course {#sec-791-kar-1-040 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:040}

791 KAR 1:050 Application for license for commercial driver license training school {#sec-791-kar-1-050 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:050}

791 KAR 1:060 Application for renewal of license for commercial driver license training school {#sec-791-kar-1-060 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:060}

791 KAR 1:070 Commercial driver license training school instructor and agent application and renewal procedures {#sec-791-kar-1-070 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:070}

791 KAR 1:100 Standards for Kentucky resident commercial driver training school facilities {#sec-791-kar-1-100 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:100}

791 KAR 1:150 Bond requirements for agents and schools {#sec-791-kar-1-150 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:150}

791 KAR 1:155 School closing process {#sec-791-kar-1-155 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:155}

791 KAR 1:160 Transfer of ownership, change of location, change of name, revision to existing programs {#sec-791-kar-1-160 omnilex-key=us-ky-regs-official--title-791--791 KAR 1:160}

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