Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
367.46971,
367.46973,
367.46981
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
367.46983 authorizes the Attorney General to
promulgate administrative regulations required to enforce
KRS
367.46951 to
367.46999
governing the sales of goods and services to Kentucky consumers by use of
telephone solicitations. This administrative regulation establishes procedures
for the registration of telemarketing companies governed by the provisions of
KRS
367.46951 to
367.46999.
Section 1. Registration.
(1)
(a)
Registration, or a renewal of registration, for telephone solicitation pursuant
to
KRS
367.46971 shall be made on the "Commonwealth
of Kentucky Telemarketing Company Registration Statement". Each telemarketing
company shall register by:
1. Completing the
information required by the "Commonwealth of Kentucky Telemarketing Company
Registration Statement"; and
2.
Paying fees required by
KRS
367.46971.
(b) At the time of filing the "Commonwealth
of Kentucky Telemarketing Company Registration Statement", a telemarketing
company shall file:
1. "Commonwealth of
Kentucky, Office of the Attorney General, Telemarketing Company Consent for
Service "; and
2. One (1) of the
following bond forms:
a. "Commonwealth of
Kentucky, Office of the Attorney General, Bond for Telemarketing Company "; or
b. "Commonwealth of Kentucky,
Office of the Attorney General, Telemarketing Company Premium Surety
Bond".
(2) A registration may be withdrawn prior to
approval by submitting a written request that the application be
withdrawn.
(3) If, upon receipt,
the division determines that the materials filed by the telemarketing company
do not contain all information required by
KRS
367.46971,
367.46973 and
367.46981
or this administrative regulation, the division shall notify the telemarketing
company in writing, specifying the information that was not completed in the
registration statement or bond form. The registration shall not be completed
until an amended filing is received by the division that contains all
information required by
KRS
367.46971,
367.46973 and
367.46981
or this administrative regulation. Upon receipt of the completed registration
materials, the division shall provide a written confirmation of receipt of the
completed filing.
Section
2.
(1) A change in the
information specified in this subsection shall be considered a material change
that a telemarketing company shall file in an addendum to the original or
annual registration:
(a) A change relating to
information in an original or annual filing required by
KRS
367.46971(3) or
367.46973(11), (12), and
(13);
(b) An addition or deletion of factual matter
that differs from the factual matter contained in a telemarketing company's
original filing; or
(c) An
association with an officer, director, trustee, general or limited partner,
sole proprietor, owner, or person having management responsibility in an
applicant's business, or other person specified by
KRS 367.46973(5) and
(7), who, after a telemarketing company's
original filing:
1. Has committed an act or
offense specified by
KRS
367.46973(8)(a);
2. Is subject to a final judgment or order
specified by
KRS 367.46973(8)(b) and
(c);
3. Has filed in bankruptcy or been adjudged
as bankrupt as specified by
KRS
367.46973(8)(d).
(2) Information filed
pursuant to subsection (1) of this section shall contain the information
required by 367.46973(8).
(3)
(a) A change in information required pursuant
to this section shall be filed on "Commonwealth of Kentucky Telemarketing
Company Registration Statement".
(b) Information required pursuant to this
section shall be filed with the division.
Section 3. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Commonwealth of Kentucky
Telemarketing Company Registration Statement", Form Ts-1, 2002;
(b) "Commonwealth of Kentucky, Office of the
Attorney General, Telemarketing Company, Consent For Service, Form Ts-2,
2002;
(c) "Commonwealth of
Kentucky, Office of the Attorney General, Bond for Telemarketing Company", Form
Ts-4, 2002; and
(d) "Commonwealth
of Kentucky, Office of the Attorney General, Telemarketing Company Premium
Surety Bond", Form Ts-5, 2002.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of the Attorney
General, 1024 Capital Center Drive, Frankfort Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
15.180,
367.46983