200 KAR 30:070reg. Records retention

      Section 1. (1) A college or university that[which] receives written notification that a student athlete has entered an agent contract or accepted in-kind benefits from an athlete agent shall:

      (a) Record the time and date of receipt of the notification; and

      (b) Maintain the written notification, and the record of time and date of receipt, for a period of five (5) years.

      (2) The records shall be subject to inspection by an authorized agent of the office[division].

 

WILLIAM L. BROWN, Executive Director

      APPROVED BY AGENCY: May 12, 2016

      FILED WITH LRC: May 13, 2016 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, June 29, 2016 at 9:00 a.m., local time, at the Kentucky Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received in writing five (5) workdays prior to the hearing date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made in writing five (5) workdays prior to the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of day Thursday, June 30, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: John Marcus Jones, Board Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: John Marcus Jones

      (1) Provide a brief summary of: Establishes the records retention schedule for registered athlete agents in the Commonwealth of Kentucky under the Uniform Athlete Agents Act.

      (a) What this administrative regulation does: This administrative regulation states the records retention schedule for registered athlete agents in the Commonwealth of Kentucky under the Uniform Athlete Agents Act.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to set uniform records retention schedule for registered athlete agents in the Commonwealth of Kentucky under the Uniform Athlete Agents Act.

      (c) How does this administrative regulation conform to the content of the authorizing statutes? KRS 164.6905(3) authorizes the Office to promulgate regulations necessary to carry out the provisions of KRS 164.6901 to 164.6935. KRS 164.6917 and 164.6923 requires the retention of contracts and records held by a registered athlete agent with those records being open for inspection by the Office.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes uniform procedures and records retention schedules for registered athlete agents in the Commonwealth of Kentucky under the Uniform Athlete Agents Act.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment will update the schedule and procedures for records retention to incorporate current statutes.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to update the records retention schedule and procedures to incorporate terms in the current statute KRS 164.6917 and KRS 164.6923. The regulations were drafted in 1999, and new statutory terms were added in 2003 through 2010.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 164.6905(3) authorized the Office to promulgate regulations to carry out the provisions of KRS 164.6901 to 164.6935. A records retention schedule is required by KRS 164.6917 and KRS 164.6923.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will update the procedures for records and contact retention for a registered agent with the current statutes. The amendment will update the regulations to match the current statutes KRS 164.6917 and 164.6923.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: An estimated 50 persons will seek a certificate of registration to act as an athlete agent within the next fiscal year, this regulation will also continue as new applicants seek certificates of registration.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Registered agents will be required to use the records retention schedule and contract retention procedures mandated by KRS 164.6917 and KRS 164.4923.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The Office does not anticipate any cost to the applicants and registrants affected by the regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Registered agents will have uniform records retention schedule in the Uniform Athlete Agents Act and its regulations.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The budget for the Office is $38,000 annual. It will not cost the administrative body any additional funds to implement this administrative regulation.

      (b) On a continuing basis: The budget for the Office is estimated to continue to have a budget of $38,000 annual. It will not cost the administrative body any additional funds to implement this administrative regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The office’s operation is funded by fees paid by the registered athlete agents and applicants for new registrations.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding is necessary to implement this administrative regulation change.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees. The fees assessed to applicants for registration and renewals are established in KRS 164.6915.

      (9) Tiering: Is tiering applied? No. Tiering is not applied because the records retention schedule and procedures apply equally to all registered athlete agents doing business in the Commonwealth of Kentucky.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Office of Occupations and Professions is the administrative body regulating the Uniform Athlete Agents Act pursuant to KRS 164.6905.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 164.6905, KRS 164.6917, KRS 164.6923.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This administrative regulation will not have any effect on the expenditures and revenues of state and local government.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The revenue generated will depend on the number of applicants for registration for the year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The revenue will depend on the number of applicants for registration for the subsequent years.

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-): N/A

      Other Explanation: N/A

Notation

      RELATES TO: KRS 164.6917, 164.6923[164.684(2), 164.685]

      STATUTORY AUTHORITY: KRS 164.6923[164.681(4)]

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6917[164.684(2)] and 164.6923[164.685] require an athlete agent and student athlete to provide to the college or university in which a student athlete is enrolled written notification of an agent contract or the acceptance of in-kind benefits. This administrative regulation establishes the records retention requirements for a college or university receiving this written notification.