Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
329A.025,
329A.045(11)
NECESSITY, FUNCTION AND CONFORMITY:
KRS
329A.025(3)(e) authorizes
the board to renew licenses and require continuing professional education as a
condition for renewal.
KRS
329A.025(2)(a) requires the
board to implement the provisions of
KRS
329A.010 to
329A.090
through the promulgation of administrative regulations. This administrative
regulation establishes the requirements for continuing education and prescribes
methods and standards for the accreditation of continuing education
courses.
Section 1. Definitions.
(1) "Approved" means recognized and accepted
by the Kentucky Board of Licensure for Private Investigators.
(2) "Continuing education hour" means fifty
(50) clock minutes of participating in a continuing professional education
experience.
(3) "Preapproved" means
a program approved pursuant to Section 3 or Section 5 of this administrative
regulation.
(4) "Program" means an
organized learning experience:
(a) Planned and
evaluated to meet behavioral objectives; and
(b) Presented in one (1) session or in a
series.
(5) "Provider"
means an organization approved by the Kentucky Board of Licensure for Private
Investigators for providing continuing professional education
programs.
Section 2.
Accrual of Continuing Education Hours; Computation of Accrual.
(1) A minimum of twelve (12) continuing
education hours shall be accrued by each person holding licensure during the
two (2) year licensure period.
(2)
All hours shall be directly related to the field of private investigation and
promote the professional growth and development of a licensed private
investigator.
Section 3.
Programs Not Requiring Board Review and Approval. A program provided,
officially approved, or sponsored by any of the following providers shall be
preapproved and relevant to the practice of private investigation and shall be
approved without further review by the board:
(1) Kentucky Professional Investigators
Association (KPIA);
(2) Kentucky
Society of Professional Investigators (KSPI);
(3) Association of Certified Fraud
Examiners;
(4) Association
One;
(5) National Fire or Arson
Certification Associations;
(6)
State and local bar associations;
(7) Continuing education programs approved by
other state licensure boards;
(8)
Institute of Police Technology and Management (IPTM);
(9) Northwestern University Center for Public
Safety;
(10) United States
Department of Transportation Federal Motor Carrier Safety Administration
(FMCSA);
(11) Michigan State
University Department of Civil and Environmental Engineering;
(12) University of Kentucky Transportation
Cabinet;
(13) University of Tulsa
Continuing Education for Science and Engineering;
(14) Texas A&M Transportation
Institute;
(15) Crash Data Group
Event Data Recording Summit;
(16)
Society of Automotive Engineers (SAE);
(17) National Society of Professional
Insurance Investigators (NSPII);
(18) International Association of Special
Investigation Units (IASIU); and
(19) National Association of Legal
Investigators (NALI).
Section
4. Programs Requiring Board Review and Approval. The board shall
review the following programs to determine whether these satisfy the
requirements of this administrative regulation:
(1) A general education course, or elective
designated to meet undergraduate or postgraduate degree requirements, shall
equal twelve (12) continuing education hours per one (1) hour of academic
credit if the board determines it to be relevant to the field of private
investigation;
(2) A program,
including a home study course and in-service training provided by an
organization or education institution not listed in Section 3 of this
administrative regulation; or
(3) A
program or academic course presented by the licensee.
(a) The presenting licensee shall earn two
(2) continuing education hours for each contact hour of instruction.
(b) Credit shall not be issued for repeated
instruction of the same course.
Section 5. Procedures for Preapproval of
Continuing Education Programs.
(1)
(a) A continuing education provider seeking
preapproval of a continuing education program shall apply to the board at least
sixty (60) days in advance of the commencement of the program by submitting a
completed Application for Approval for Providers to Offer Continuing Education
and shall provide the information required in Section 6 of this administrative
regulation.
(b) An approved program
fee shall be paid as established in
201 KAR 41:040, Section
9.
(2) A continuing
education program shall be preapproved if the board determines the program:
(a) Is an organized program of
learning;
(b) Pertains to subject
matter relating to private investigation;
(c) Enhances the professional competence of
the licensee by:
1. Refreshing the licensee's
knowledge and skills; or
2.
Educating on a new topic or subject; and
(d) Is conducted by a competent instructor,
as documented by academic training, professional licensures or certifications,
or professionally recognized experience.
(3) A licensee shall not be required to
request approval for a continuing education program preapproved pursuant to
Section 3 of this administrative regulation.
Section 6. Procedures for a Licensee to
Request Approval of Continuing Education Programs.
(1) A licensee shall request board approval
for continuing education hours for a program described in Section 4 of this
administrative regulation by submitting the following information for the board
to review:
(a) A published course or seminar
description;
(b) The name and
qualifications of the instructor;
(c) A copy of the program agenda indicating
hours of education, coffee, and lunch breaks;
(d) Number of continuing education hours
requested;
(e) Official certificate
of completion or college transcript from the sponsoring agency or college;
and
(f) A completed Licensee
Application for Approval of Continuing Education Hours.
(2) The licensee shall redeem continuing
education hours approved by the board pursuant to subsection (1) of this
section at the time of the licensee's next license renewal, reinstatement, or
reactivation application following the date of approval. The licensee shall
submit a copy of the board's decision approving the continuing education
hours.
Section 7.
Responsibilities and Reporting Requirements of Licensees.
(1) Each licensee shall submit proof he or
she completed the appropriate number of continuing education hours at the time
the licensee submits his or her application for renewal, reinstatement, or
reactivation of licensure.
(2) A
licensee shall:
(a) Be responsible for
obtaining required continuing education hours;
(b) Identify continuing education needs and
seek activities that meets those needs;
(c) Seek ways to integrate new knowledge,
skills, and activities;
(d) Select
preapproved programs to earn continuing education hours;
(e) Submit to the board, if applicable, a
request for approval for continuing education hours that have not been
preapproved pursuant to Section 5 of this administrative regulation;
(f) Document attendance, participation in,
and successful completion of continuing education programs; and
(g) Maintain records of continuing education
hours for two (2) years from the date of the offering of the continuing
education program.
(3)
The following items may be used to document attendance at continuing education
programs:
(a) Transcript;
(b) Certificate;
(c) Affidavit signed by the instructor or
provider; or
(d) Receipt for the
fee paid to the provider.
(4) Failure to comply with the provisions of
this administrative regulation shall constitute a violation of KRS Chapter 329A
and may result in:
(a) Refusal to renew,
reinstate, or reactivate licensure;
(b) Suspension of licensure; or
(c) Revocation of licensure.
Section 8. Carry-over
of Continuing Education Hours Prohibited. Continuing education hours earned in
excess of those required under Section 2 of this administrative regulation
shall not be carried over into any subsequent licensure renewal
period.
Section 9. Appeal of Denial
of Continuing Education Hours.
(1) If an
application for approval of continuing education hours submitted pursuant to
Section 6 of this administrative regulation is denied, the licensee may appeal
the board's decision.
(2) A notice
to appeal shall be:
(a) Submitted in writing
and signed by the appellant;
(b)
Received by the board within thirty (30) days of the decision denying approval
of continuing education hours; and
(c) Conducted in accordance with KRS Chapter
13B.
Section
10. Waiver or Extensions of Time for Completion of Continuing
Education.
(1) The board may grant a licensee
a waiver or an extension of time to complete the continuing education
requirements in the following cases:
(a)
Serious injury or medical disability of the licensee;
(b) Illness of the licensee or an immediate
family member;
(c) Death or serious
injury of an immediate family member;
(d) Active military duty;
(e) Undue hardship; or
(f) Similar extenuating circumstance that
precludes the licensee's completion of the requirements.
(2) To request a waiver or extension of time
to complete the continuing education requirements pursuant to this section, a
licensee shall:
(a) Submit the request in
writing, signed by the requesting licensee; and
(b)
1.
Provide a verifying document signed by a licensed physician, or proper military
personnel, if applicable; or
2.
Documentation to support the waiver.
(3) A waiver of or extension of time to
complete the minimum continuing education requirements shall not exceed one (1)
year.
(4) If the medical
disability, illness, active military duty, or circumstance upon which a waiver
or extension of time has been granted continues beyond the period of the waiver
or extension of time, the licensee shall reapply for the waiver or extension of
time.
Section 11.
Continuing Education Requirements for Reinstatement or Reactivation of
Licen-sure. A person requesting reinstatement or reactivation of licensure
shall submit evidence of receiving twelve (12) hours of continuing education
within the two (2) year period immediately preceding the date that
reinstatement or reactivation is requested.
Section 12. Effective Date for the Submission
of Continuing Education Hours. Licensees shall submit proof of continuing
education hours obtained in the previous two (2) years at the time of their
first license renewal, reinstatement, or reactivation on or after January 1,
2021, and each subsequent renewal period thereafter.
Section 13. Incorporation by Reference.
(1) The following forms are incorporated by
reference:
(a) "Application for Approval for
Providers to Offer Continuing Education," May, 2019; and
(b) "Licensee Application for Approval of
Continuing Education Hours," May, 2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Licensure for Private Investigators, 911 Leawood Drive, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS 329A.025(2)(a),
(3)(e),
329A.045(11)
