2013 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 company, partnership, limited 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 this section shall be public information and available upon written
request to the Office of Occupations and Professions of the Public
Protection Cabinet.
(2)
(3)
(4)
(5)
(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:June 25, 2013
History: Amended 2013 Ky. Acts ch. 106, sec. 13, effective June 25, 2013. -Created 2012 Ky. Acts ch. 91, sec. 2, effective July 12, 2012.
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