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238.515 Powers and duties of department.
The department shall license and regulate the conduct of charitable gaming in the <br>Commonwealth of Kentucky. In discharging this responsibility, the department shall have <br>the following powers and duties: <br>(1) Licensing charitable organizations, charitable gaming facilities, manufacturers, and
distributors that desire to engage in charitable gaming;
(2) Establishing and enforcing reasonable standards for the conduct of charitable
gaming and the operation of charitable gaming facilities;
(3) Prescribing reasonable fees for licenses; <br>(4) Establishing standards of accounting, recordkeeping, and reporting to insure
charitable gaming receipts are properly accounted for;
(5) Establishing a process for reviewing complaints and allegations of wrongdoing, and
for investigating complaints with merit. In furtherance of this duty, the department <br>shall have the authority to issue administrative subpoenas and summonses. The <br>department shall also establish toll-free telephone service for receiving complaints <br>and inquiries;
(6) Taking appropriate disciplinary action and making referrals for criminal prosecution
of persons who do not operate in compliance with this chapter;
(7) Collecting and depositing all fees and fines in the charitable gaming regulatory
account and administering the account;
(8) Employing necessary staff, securing adequate office space, and executing other
administrative and logistical matters as may be necessary to assure proper <br>functioning of the department; and
(9) Promulgating administrative regulations, in accordance with KRS Chapter 13A,
which are necessary to carry out the purposes and intent of this chapter. Any <br>administrative regulation proposed by the department that changes the manner in <br>which a charitable organization conducts charitable gaming or is likely to cause a <br>charitable organization to incur new or additional costs shall be subject to the <br>requirements of KRS 238.522. In promulgating administrative regulations under <br>this subsection, the department shall submit any proposed regulations to the <br>advisory commission established under KRS 238.520, and shall not promulgate the <br>administrative regulations without giving the advisory commission the opportunity <br>to produce written comments in accordance with KRS 238.522. If the advisory <br>commission chooses to produce written comments, the comments shall be attached <br>to any public submission of the administrative regulation, including any filing under <br>KRS Chapter 13A.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 535, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 120, sec. 6, effective June 26, 2007. -- Amended 2000 Ky. Acts <br>ch. 374, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 232, sec. 2, <br>effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 331, sec. 4, effective April <br>10, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 4, effective March 16, 1994.
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