2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 10 - Energy and Environment Cabinet 224.10-053 Independent board or commission to use services of Office of Occupations and Professions - Exemptions -- Report.
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224.10-053
Independent board or commission to use services of Office of
Occupations and Professions - Exemptions -- Report.
(1)
(2)
(3)
(4)
As used in this section, "independent board or commission" means an executive
branch agency created by statute that serves the primary purpose of licensing,
certifying, registering, or otherwise regulating any occupational or professional
category. "Independent board or commission" does not include:
(a) An executive branch board or commission that is a part of another executive
branch agency;
(b) Any board or commission that is under the authority or jurisdiction of the
General Assembly or the judicial branch; or
(c) Any board or commission within any branch of state government if that board
or commission is expressly designed to:
1.
Study, report, or make recommendations regarding a particular issue; or
2.
Expire within a time certain.
Any independent board or commission that is created after July 15, 2010, shall use
the administrative services of the Office of Occupations and Professions as
described under KRS 224.10-052 unless that board or commission can reasonably
demonstrate to the satisfaction of the division that it will license, certify, register, or
otherwise regulate at least one hundred (100) persons. If the board or commission is
able to initially demonstrate that it will reach the threshold established in this
subsection and then fails to license, certify, register, or otherwise regulate at least
one hundred (100) persons at the end of any two (2) consecutive fiscal years, that
board or commission shall be subject to the process required in subsection (4) of
this section.
Any independent board or commission that was created before July 15, 2010, shall
undergo the process required in subsection (4) of this section if that board or
commission licenses, certifies, registers, or otherwise regulates less than one
hundred (100) persons at the end of any two (2) consecutive fiscal years ending on
or after June 30, 2010.
(a) If an independent board or commission fails to regulate one hundred (100) or
more persons for two (2) consecutive fiscal years as described in subsections
(2) and (3) of this section, that board or commission shall submit a report
within ninety (90) days after the close of the second of the two (2) fiscal years
to the Office of Occupations and Professions and to the Interim Joint
Committee on Licensing and Occupations of the Legislative Research
Commission or to the corresponding standing committees of the General
Assembly. The report shall contain, at a minimum:
1.
The number of persons licensed, certified, registered, or otherwise
regulated by the board or commission at the close of each of the two (2)
fiscal years;
2.
A detailed accounting of the revenues, fees collected, board or
commission member reimbursements or per diems, staff salaries, costs,
expenses, and other financial activities of the board or commission for
(b)
each of the two (2) fiscal years; and
3.
The board or commission's plan to:
a.
Increase the number of persons it licenses, certifies, registers, or
otherwise regulates to one hundred (100) or more persons;
b.
Merge with one (1) or more other boards, commissions, or other
governmental entities, which will result in a merged entity that will
license, certify, register, or otherwise regulate one hundred (100)
or more persons; or
c.
Allow the Office of Occupations and Professions to assume
administrative duties for the board or commission as described in
KRS 224.10-052.
If, after implementation of its plan under paragraph (a)3.a. or b. of this
subsection, an independent board or commission fails to license, certify,
register, or otherwise regulate one hundred (100) or more persons for an
additional three (3) consecutive fiscal years, for a total of five (5) consecutive
fiscal years, that board or commission shall allow the Office of Occupations
and Professions to assume administrative duties for the board or commission
as described in KRS 224.10-052 within ninety (90) days after the end of the
fifth fiscal year.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 15, sec. 1, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). References to the "Division of
Occupations and Professions" in subsections (2) and (4) of this section, as created by
2010 Ky. Acts ch. 15, sec. 1, have been changed in codification to the "Office of
Occupations and Professions" to reflect the reorganization of certain parts of the
Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the
General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser
of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
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