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165A.310 Definitions for chapter.
As used in this chapter:
(1) "Proprietary school" or "school" means a privately owned for-profit educational
institution, establishment, agency, organization, or person offering or administering
a plan, course, or program of instruction in business, trade, technical, industrial, or
related areas for which a fee or tuition is charged whether conducted in person, by
mail, or by any other method;
(2) "Commission" means the Kentucky Commission on Proprietary Education;
(3) "Cabinet" means the Finance and Administration Cabinet;
(4) "Agent" means any person employed by an institution to act as agent, solicitor,
broker, or independent contractor to procure students for such school by solicitation
of enrollment in any form made at any place other than the main office or principal
place of business of the school;
(5) "Degree" means associate degree;
(6) "Person" means an individual, corporation, business trust, estate, partnership,
unincorporated association, two (2) or more of any of the foregoing having a joint
or common interest, or any other legal or commercial entity;
(7) "School year" is beginning the first day of July and ending the thirtieth day of June
next following, except when approval shall be suspended or canceled pursuant to
the provisions herein;
(8) "CDL" means a commercial driver's license as defined in KRS 281A.010;
(9) "CDL driver training" means a course of study that complies with the provisions of
KRS 332.095 governing the instruction of persons in the operation of commercial
motor vehicles;
(10) "CDL driver training school" means any person, firm, partnership, association,
educational institution, establishment, agency, organization, or corporation that
offers CDL driver training to persons desiring to obtain a Kentucky CDL in order to
operate a commercial motor vehicle and for which a fee or tuition is charged;
(11) "Classification" means as established in KRS 281A.170;
(12) "Commercial motor vehicle" means as defined in KRS 281A.010;
(13) "Endorsement" means as established in KRS 281A.170;
(14) "Restrictions" means as established in KRS 281A.170;
(15) "Resident" means any person who has established Kentucky as his or her state of
domicile. Proof of residency shall include but not be limited to a deed or property
tax bill, utility agreement or utility bill, or rental housing agreement;
(16) "Formal complaint" means a written statement filed on a form specified by the
commission in which the complainant alleges that a school has violated a Kentucky
statute or administrative regulation and has negatively impacted the complainant,
and resolution is requested by the commission; and
(17) The definition of a "proprietary school" shall not include the following:
(a) A school or educational institution supported entirely or partly by taxation
(b)
(c)
(d)
(e)
from either a local or state source;
A parochial, denominational, or eleemosynary school or institution;
A school or training program which offers instruction solely in the field of an
avocation, recreation, or entertainment, as determined by the state
commission;
A course or courses of instruction or study sponsored by an employer for the
training and preparation of its own employees for the benefit of the employer
and without charge to the employee; or
A school or educational institution licensed or approved by or a course or
courses of study or instruction sponsored by the Kentucky Board of Barbering
established by KRS 317.430, the Kentucky Board of Hairdressers and
Cosmetologists established by KRS 317A.030, the Kentucky Board of
Nursing established by KRS 314.121, the State Board of Embalmers and
Funeral Directors of the State of Kentucky established by KRS 316.170, or the
Kentucky Council on Postsecondary Education established by KRS 164.011.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 76, sec. 1, effective July 12, 2012. -- Amended
2002 Ky. Acts ch. 280, sec. 1, effective April 9, 2002. -- Amended 1990 Ky. Acts ch.
470, sec. 58, effective July 1, 1990. -- Amended 1982 Ky. Acts ch. 31, sec. 1,
effective July 15, 1982. -- Created 1976 Ky. Acts ch. 363, sec. 1, effective July 1,
1976.
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