301 KAR 5:020. License agent requirements and responsibilities

      Section 1. Issuing Licenses. (1) A license agent may issue a license to a person who provides the agent with:

      (a) His date of birth; and

      (b) An identification number, which shall be:

      1. A driver’s license number;

      2. A state identification card number;

      3. A Social Security number; or

      4. If the purchaser is under age sixty-five (65) and buying a senior/disabled license, the number from an unexpired disability authorization card issued to the person to whom the license is issued and proof of Kentucky residency; or

      5. If the purchaser is age sixty-five (65) or over and buying a senior/disabled license, proof of age and Kentucky residency.

      (2) A license agent shall not knowingly enter false information while processing a license.

      (3) A license agent may issue a junior hunting license if the parent or guardian of the license recipient signs the license at the time of purchase.

 

      Section 2. Agent Commission and Depositing of Funds. (1) The license agent shall retain as a commission:

      (a) Fifty (50) cents for each Peabody or Addington Enterprises-Robinson Forest permit issued pursuant to 301 KAR 4:100 or 301 KAR 4:200.

      (b) Fifty (50) cents each for other transactions.

      (2) A license agent shall promptly deposit transaction fees, less the commissions described in subsection (1) of this section, into the bank account required by 301 KAR 5:010.

 

      Section 3. Uploading License Sale Information. (1) The department shall provide each license agent a schedule of dates when license sale information will be uploaded from his POS device.

      (2) A license agent shall:

      (a) Ensure his POS device is connected to a telephone line on the date of the scheduled upload;

      (b) Leave the POS device connected to the telephone line until the upload has been completed;

      (c) Retain the receipts printed with each transaction until notified by the department; and

      (d) Telephone the department within twenty-four (24) hours if the amount of funds to be transferred, as reported by the POS device, does not agree with the license agent’s records.

 

      Section 4. Electronic Transfer of Funds to the Department. (1) The department shall provide each license agent a schedule of dates when an electronic fund transfer from his bank account will be initiated.

      (2) At the close of banking hours on the day of the scheduled electronic fund transfer, a license agent shall have sufficient funds in his account to cover the amount of the transfer.

 

      Section 5. Voiding Licenses. (1) A license agent may void a license if:

      (a) The license does not print correctly; or

      (b) After the license is printed, the purchaser:

      1. Discovers that he was issued an incorrect license;

      2. Will not pay for the license; or

      3. Otherwise refuses to accept the license.

      (2) An agent shall retain all voided licenses and return them to the department as stipulated in Section 6 of this administrative regulation.

 

      Section 6. Materials Retained and Returned to the Department. (1) A license agent shall retain:

      (a) A voided license;

      (b) Kentucky Migratory Bird Harvest Information Program Form as referenced in 301 KAR 5:040; and

      (c) Ruined or unusable license stock.

      (2) A license agent shall return the materials listed in this section to the department on the working day after each scheduled or unscheduled upload of information.

      (3) The department shall charge the license agent for a voided license not returned as stipulated in subsection (2) of this section, and shall not issue credit for a voided license returned later than (30) days after the upload in which the void was reported.

 

      Section 7. Suspensions and Revocation of Agent Status. (1) In addition to any penalties provided by KRS 150.990, the department shall suspend for one (1) year a license agent who twice in a twelve (12) month period:

      (a) Causes an electronic fund transfer failure; or

      (b) Violates a provision of:

      1. The agent agreement;

      2. KRS 150.195; or

      3. An administrative regulation adopted pursuant to KRS 150.195.

      (2) The department shall permanently revoke the agent status of a license agent who:

      (a) Commits for the second time an offense for which he has been previously suspended;

      (b) Does not deposit the required funds in his agent bank account within twenty-four (24) hours of notification by the department of insufficient funds;

      (c) Fails to notify the department prior to closing his agent bank account;

      (d) Closes his business seasonally without notifying the licensing section supervisor in writing by surface mail, fax or e-mail and settling his account;

      (e) Knowingly issues a license containing false information; or

      (f) Fails to notify the department within twenty-four (24) hours of discovering the loss or theft of a POS device or paper stock.

      (3) Before issuing a final order suspending or revoking the status of an agent, the department shall:

      (a) Notify the agent by registered mail that his status is under review; and

      (b) Afford the agent the opportunity for an informal meeting with the commissioner or his designee to show cause why his agent status should not be suspended or revoked.

      (4) A suspension or revocation shall become effective upon receipt of notification from the department.

      (5) A suspended or revoked agent shall:

      (a) Surrender upon demand the POS devices and license stock in his possession to an authorized agent of the department;

      (b) Allow the department access to financial records dealing with license sales; and

      (c) Immediately pay all funds owed to the department.

 

      Section 8. Appeal of Suspension or Revocation of Agent Status. (1) A license agent who wishes to appeal a suspension or revocation shall request a hearing in writing, postmarked or delivered in person to the department no later than ten (10) days after notification of suspension or revocation.

      (2) Upon receipt of the request for a hearing, the department shall:

      (a) Appoint a hearing officer qualified to conduct hearings under the provisions of KRS Chapter 13B; and

      (b) Schedule a hearing to be held:

      1. Prior to the next regularly scheduled meeting of the commission, if the request for a hearing is received more than thirty (30) days before the scheduled commission meeting; or

      2. Within thirty (30) days, if the request for a hearing is received within thirty (30) days of the next scheduled commission meeting.

      (3) The hearing officer shall conduct the hearing and present his recommendation at the commission meeting immediately following the hearing date.

      (4) At the hearing, the license agent:

      (a) May be represented by counsel; and

      (b) May present evidence which he feels should be considered, including the calling of witnesses.

      (5) The department may present evidence and call witnesses to support the suspension or revocation.

      (6) The commission shall make its decision by majority vote.

      (7) An agent may appeal a decision of the commission to Franklin Circuit Court pursuant to KRS 150.195.

      (8) The department shall conduct suspension or revocation hearings according to the provisions of KRS Chapter 13B. (22 Ky.R. 1748; Am. 2000; eff. 5-16-96; 25 Ky.R. 600; 1035; eff. 11-18-98; 26 Ky.R. 2025; 27 Ky.R. 79; eff. 7-17-2000; 28 Ky.R. 920; eff. 12-19-01; 29 Ky.R. 521; 929; eff. 10-9-02; 30 Ky.R. 2345; 31 Ky.R. 33; eff. 7-14-04.)

Notation

      RELATES TO: KRS 150.195, 150.990

      STATUTORY AUTHORITY: KRS 150.195

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195(4) authorizes the department to promulgate administrative regulations governing the issuance of licenses. This administrative regulation establishes the requirements for issuing licenses and electronically reporting license sale data and license revenue; details the procedures for suspending or revoking license agent status; and specifies the methods for appealing a suspension or revocation of agent status.