Download as PDF
363.330 Registration requirement for commercial weighing and measuring
device repairmen and service agencies -- Administrative hearing -Administrative regulations.
(1)
(2)
(3)
(4)
(5)
As used in this section, unless the context requires otherwise:
(a) "Commercial weighing and measuring device" means any weight or
measure or weighing or measuring device commercially used or
employed in establishing the size, quantity, extent, area, or measurement
of quantities, things, produce, or articles for distribution or consumption,
purchased, offered, or submitted for sale, hire, or award, or in computing
any basis of weight or measure, and also includes any accessory
attached to or used in connection with a commercial weighing or
measuring device when the accessory is so designed or installed that its
operation affects, or may affect, the accuracy of the device;
(b) "Director" means the director of the Division of Regulation and Inspection;
(c) "Registered serviceman" means any individual who for hire, award,
commission, or any other payment of any kind, installs, services, repairs,
or reconditions a commercial weighing or measuring device, and who
registers with the director; and
(d) "Registered service agency" means any agency, firm, company, or
corporation which for hire, award, commission, or any other payment of
any kind, installs, services, repairs, or reconditions a commercial weighing
or measuring device, and which registers with the director. Under agency
registration, identification of individual servicemen shall be required.
The director shall require the registration of an individual or agency and shall
require the individual or agency to provide acceptable evidence that he or it is
fully qualified to install, service, repair, or recondition a commercial weighing or
measuring device; has a thorough working knowledge of all appropriate
weights and measures laws, orders, and administrative regulations; and has
possession of, or available for use, weights and measures standards and
testing equipment appropriate in design and adequate in amount. An employee
of government shall not be eligible for registration.
The director may enter into an informal reciprocal agreement with any other
state that has similar registration policies. Under a reciprocal agreement,
registered servicemen and registered service agencies of the states party to
the reciprocal agreement shall be granted full reciprocal authority, including
reciprocal recognition of certification of standards and testing equipment, in all
states party to the agreement.
There shall be an annual fee of twenty dollars ($20) per registered serviceman
and fifty dollars ($50) per registered service agency to be applied toward the
costs of administering the plan. The fee shall be paid to the director at the time
application for registration is made, and annually, during the month of January,
thereafter.
An individual or agency shall apply for registration to service weighing devices
or measuring devices on an application form supplied by the director. The form,
duly signed and witnessed, shall include certification by the applicant that the
individual or agency is fully qualified to install, service, repair, or recondition
whatever devices for the service of which competence is being registered; has
in possession, or available for use, all necessary testing equipment and
standards; and has full knowledge of all appropriate weights and measures
laws, orders, and administrative regulations. An applicant also shall submit
appropriate evidence or references as to qualifications. The director may
require competency testing of service individuals as the director deems
necessary.
(6) Upon receipt and acceptance of a properly executed application form, and with
proof of competency, the director shall issue to the applicant a "certificate of
registration," including an assigned registration number, which shall remain
effective until either returned by the applicant or withdrawn by the director.
(7) Only a bearer of a certificate of registration shall have the authority to remove
an official rejection tag or mark placed on a weighing or measuring device by
the authority of the director; place in service, until an official examination can
be made, a weighing or measuring device that has been officially rejected; or
place in service, until an official examination can be made, a new or used
weighing or measuring device.
(8) The director shall furnish each registered serviceman and registered service
agency with a supply of report forms to be known as "Placed in Service
Reports." This form shall be executed in triplicate, shall include the assigned
registration number, and shall be signed by a registered serviceman or by a
serviceman representing a registered agency for each rejected device restored
to service and for each newly installed device placed in service. Within
twenty-four (24) hours after a device is restored to service, or placed in service,
the original of the properly executed "Placed in Service Report," together with
any official rejection tag removed from the device, shall be mailed to the
director at Frankfort, Kentucky. The duplicate copy of the report shall be
handed to the owner or operator of the device, and the triplicate copy of the
report shall be retained by the registered serviceman or agency.
(9) A registered serviceman and a registered service agency shall submit, at least
biennially to the director, for his examination and certification, any standards
and testing equipment that are used, or are to be used, in the performance of
the service and testing functions with respect to weighing and measuring
devices for which competence is registered. A registered serviceman or agency
shall not use in servicing commercial weighing or measuring devices any
standards of testing equipment that have not been certified by the director.
(10) The director may, for good cause, after careful investigation and consideration,
and after the registrant has been afforded the opportunity for an administrative
hearing conducted in accordance with KRS Chapter 13B, suspend or revoke a
"certificate of registration."
(11) The director shall publish from time to time as he deems appropriate, and may
supply upon request, lists of registered servicemen and registered service
agencies.
(12) The director may promulgate administrative regulations to carry out the
provisions of this section.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 34, sec. 1, effective July 15, 2008. --
Amended 2002 Ky. Acts ch. 49, sec. 21, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 318, sec. 345, effective July 15, 1996 -- Amended 1990 Ky.
Acts ch. 93, sec. 1, effective July 13, 1990. -- Created 1970 Ky. Acts ch. 25,
sec. 1.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.