2012 Kentucky Revised Statutes CHAPTER 433 OFFENSES AGAINST PROPERTY BY FORCE 433.902 Secondary metals recycler to obtain certificate of registration from Office of Occupations and Professions -- Application -- Name-based background check -- Fees -- Annual renewal -- Display of certificate -- Administrative regulations.
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433.902 Secondary metals recycler to obtain certificate of registration from Office
of Occupations and Professions -- Application -- Name-based background
check -- Fees -- Annual renewal -- Display of certificate -- Administrative
regulations.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Each secondary metals recycler shall submit to a name-based background
check as provided in subsection (2) of this section and obtain a certificate of
registration from the Office of Occupations and Professions of the Public
Protection Cabinet within sixty (60) days of the effective date of
administrative regulations promulgated pursuant to this section.
The application for certificate of registration shall be in a form and format
determined by the Office of Occupations and Professions of the Public
Protection Cabinet and shall contain at a minimum the following:
1.
The name of the secondary metals recycling business;
2.
The name or names of each applicant;
3.
The address of each secondary metals recycling business owned by the
applicant; and
4.
Contact information for the purposes of KRS 433.906.
Any person listed on an application for a certificate of registration shall be at
least eighteen (18) years of age prior to the date that the application is
submitted.
Any corporation, limited liability corporation, limited liability partnership,
incorporated association, or any other entity engaged in business as, or
organized for the purpose of engaging in business as, a secondary metals
recycler submitting an application must be organized and qualified to do
business in the Commonwealth.
The Office of Occupations and Professions of the Public Protection Cabinet
shall charge each applicant a reasonable fee established by administrative
regulation equal to the actual administrative costs of processing an application
for a certificate of registration.
If an applicant is the owner of more than one (1) secondary metals recycling
location, the Office of Occupations and Professions of the Public Protection
Cabinet shall charge a fee for each location that is no greater than the actual
administrative costs of processing the application for certificate of
registration. Upon approval of the application, the Office of Occupations and
Professions of the Public Protection Cabinet shall issue a certificate of
registration for each location.
Each applicant that receives a certificate of registration from the Office of
Occupations and Professions of the Public Protection Cabinet as provided in
this section shall be required to pay an annual renewal fee equal to the actual
administrative costs of processing the renewal of the certificate for
registration.
The list of secondary metals recyclers registered with the Office of
Occupations and Professions of the Public Protection Cabinet as provided in
(2)
(3)
(4)
(5)
this section shall be public information and available upon written request to
the Office of Occupations and Professions of the Public Protection Cabinet.
(a) Prior to approval of the application, the Office of Occupations and Professions
of the Public Protection Cabinet shall require a name-based background check
on each applicant.
(b) Each applicant shall provide written authorization to the Department of
Kentucky State Police to perform a name-based background check and release
the results to the Office of Occupations and Professions of the Public
Protection Cabinet.
(c) Any request for a name-based background check shall be on a form or through
a process approved by the Department of Kentucky State Police, which may
charge a fee to be paid by the applicant in an amount no greater than the actual
cost of processing the request.
(d) The Office of Occupations and Professions of the Public Protection Cabinet
shall not issue a certificate of registration to an applicant if the name-based
background check results reveal that the applicant has been convicted of, or
entered a plea of guilty, an Alford plea, or a plea of nolo contendere to, a
felony involving theft, larceny, dealing in stolen property, receiving stolen
property, burglary, embezzlement, or obtaining property by false pretenses,
any felony drug offense, or knowingly and intentionally violating the laws of
the Commonwealth relating to registration as a secondary metals recycler.
A secondary metals recycler's certificate of registration shall be conspicuously
displayed at the location of the secondary metals recycler listed on the application
for certificate of registration or at each location if the secondary metals recycler
owns more than one (1) business location.
The Office of Occupations and Professions of the Public Protection Cabinet shall
promulgate administrative regulations in accordance with KRS Chapter 13A to
implement the provisions of this section.
The Office of Occupations and Professions of the Public Protection Cabinet shall
not be responsible for any disciplinary action against any secondary metals recycler
seeking an application for certificate of registration.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 91, sec. 2, effective July 12, 2012.
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