Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 2 - Office of Consumer Protection
Section 40 KAR 2:040 - Issuance of permit to use automated calling equipment
Universal Citation: 40 KY Admin Regs Service 2:040
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 367.461, 367.463, 367.465, 367.467, 367.469
NECESSITY, FUNCTION, AND CONFORMITY: Sets forth the basis for issuance of permit to use automated calling equipment in the Commonwealth of Kentucky.
Section 1.
(1) An "Application Form for Permit to Use
Automated Dialing Equipment" shall be filed with the Office of the Attorney
General.
(2) The Office of the
Attorney General may verify the information contained in an
application.
(3) An application
that contains false or incomplete statements shall be denied.
Section 2.
(1) The surety bond required by
KRS
367.469 shall be in favor of the Attorney
General's Division of Consumer Protection.
(2) It shall be held for compensation to
consumers if an applicant or permittee:
(a)
Becomes insolvent or bankrupt; or
(b) Is unavailable, unable, or unwilling to:
1. Address consumer complaints; or
2. Satisfy claims for restitution or civil
penalties under the provisions of KRS Chapter 367.
Section 3. Issuance, Renewal of Permit.
(1) A permit shall be
issued if:
(a) An applicant has filed an
"Application Form for Permit to Use Automated Dialing Equipment" with the
Office of the Attorney General;
(b)
The application form contains the required information; and
(c) The Office of the Attorney General has
verified that the requirements of KRS Chapter 367 have been met.
(2) A permit shall be valid for
one (1) year.
(3) A request for
renewal of a permit shall be:
(a) Made on the
"Application Form for Permit to Use Automated Dialing Equipment"; and
(b) Subject to the same conditions as an
initial application for a permit.
Section 4. Revocation of Permit. The Attorney General may revoke a permit if he determines that the permittee has violated KRS Chapter 367.
Section 5. Incorporation by Reference.
(1) "Application
Form for Permit to Use Automated Dialing Equipment (1992)" is incorporated by
reference.
(2) This form may be
inspected, copied or obtained at the Office of the Attorney General, Consumer
Protection Division, 209 St. Clair Street, Frankfort, Kentucky 40601-1875, 8
a.m. to 4:30 p.m., Monday through Friday.
STATUTORY AUTHORITY: KRS 15.180, 367.150(4), 367.469
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