Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
165A.350(3),
165A.360(1), (2),
(9),
165A.370(1),
(2),
165A.380,
165A.475(3, (4)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
165A.340(6) and (10),
165A.400, and
165A.450 authorize the
commission to promulgate administrative regulations to administer and enforce
the provisions of KRS Chapter 165A, including establishment of fees and other
charges. This administrative regulation establishes the fees for the Kentucky
Commission on Proprietary Education.
Section
1. Definitions.
(1) "Actual
cost" means the amount sufficient to reimburse the commission for all travel
and expenses incurred, including the expense of contract labor, consultant
fees, or other miscellaneous expenses necessitated by a site visit or
inspection.
(2) "Gross revenue"
means the total amount of tuition earned by a school less any tuition refunds
to the students during the immediate past school year, July 1 through June
30.
(3) "Transfer of ownership"
means any change or transfer in ownership whether or not the change results in
a change of control.
Section
2. Initial Licensure Fee and Student Protection Fund Contribution.
(1) The fee for initial licensure as a school
residing in and doing business in Kentucky shall be $500.
(2) The initial contribution to the student
protection fund for a school residing in and doing business in Kentucky shall
be $500.
(3) The fee for initial
licensure as a school not residing in Kentucky, but doing business in Kentucky,
shall be $1,250.
(4) The initial
contribution to the student protection fund for a school not residing in
Kentucky, but doing business in Kentucky, shall be $1,250.
(5) At any time the balance in the student
protection fund falls below $500,000, each licensed school shall make an
additional contribution to the fund. The amount of the additional contribution
shall be determined by the commission pursuant to
KRS
165A.450(2)(a) and (b). The
commission shall calculate the amount due per school, pursuant to Section 3(1)
and (2) of this administrative regulation, and shall use a percentage
appropriate to replenish the fund. The additional contribution shall be paid on
a quarterly basis until the fund is replenished.
(6) For initial and annual renewal license
application fees for resident and non-resident commercial driver license
training schools refer to
791 KAR 1:050,
791 KAR 1:060, and,
791 KAR 1:070.
Section 3. Annual Renewal License
Fee for Schools.
(1)
(a) Except as provided in paragraph (b) of
this subsection, the annual renewal license fee for a school residing in and
doing business in Kentucky shall be $500.
(b) If the school's gross revenue exceeds
$50,000, the annual renewal license fee for a school residing in and doing
business in Kentucky shall be $500 plus twenty-five (25) dollars for each
additional $10,000 of gross revenue in excess of $50,000, not to exceed
$3,000.
(2)
(a) Except as provided in paragraph (b) of
this subsection, the annual renewal license fee for a school not residing in
Kentucky, but doing business in Kentucky, shall be $1,250.
(b) If the school's gross revenue exceeds
$50,000, the annual license fee for a school not residing in Kentucky, but
doing business in Kentucky, shall be $1,250 plus twenty-five (25) dollars for
each additional $10,000 of gross revenue for Kentucky residents in excess of
$50,000, not to exceed $3,000.
(3) Late fees for a resident or nonresident
school's annual renewal license shall be:
(a)
Ten (10) percent of the total application fee if received after the due date,
May 15, up to and including the fifth business day;
(b) Twenty (20) percent of the total
application fee if received after the fifth business day, up to and including
the tenth business day;
(c) Thirty
(30) percent of the total application fee if received after the tenth business
day, up to and including the fifteenth business day;
(d) Forty (40) percent of the total
application fee if received after the fifteenth business day, up to and
including the twentieth business day;
(e) Fifty (50) percent of the total
application fee if received after the twentieth business day, up to and
including the twenty-fifth business day;
(f) Seventy-five (75) percent of the total
application fee if received after the twenty-fifth business day, up to and
including the thirtieth business day; and
(g) 100 percent of the total application fee
if received after the thirtieth business day.
Section 4. Annual Permit Fees for Agents. The
annual permit fee for each agent working for a school licensed by the
commission shall be $175.
Section
5. Transfer of Ownership of a School. The fee for recording a
transfer of ownership of a school licensed by the commission shall be
$500.
Section 6. Change of Name of
a School. The fee for approval of a change of name of a school shall be
$150.
Section 7. Change of location
of a school. The fee for approval of a change of location of a school shall be
$500.
Section 8. Application to
Award an Associate Degree. The fee for an application to award an associate
degree shall be $750 per degree.
Section
9. New Program. The fee to apply for a new certificate or diploma
program shall be $200.
Section 10.
Program Revisions.
(1) The fee to apply for
approval to revise twenty-five (25) percent or more of any existing program
shall be $200.
(2) The fee to apply
for approval to revise less than twenty-five (25) percent of any program shall
be $100.
Section 11.
Transcript Requests from a Closed School. The fee for requesting a transcript
from a closed school shall be five (5) dollars.
Section 12. Actual cost of site visits.
(1) Actual costs connected with a site visit
conducted in accordance with
KRS
165A.370, such as travel, meals, lodging, and
consultant honoraria, shall be paid by the school.
(2) The estimated cost of the site visit
shall be paid by the school prior to the site visit.
(3) The final settlement regarding actual
costs incurred shall be paid by the school no later than thirty (30) days after
receipt of the invoice.
(4) Failure
to pay these actual costs shall be grounds for:
(a) Denial of a license; or
(b) Suspension or revocation of an existing
license.
(5) This
section shall not apply to visits conducted in accordance with
KRS
165A.475(3) and
(4).
Section 13. Proration or Refund of Fees and
Contributions. A fee paid to the commission or contribution to the student
protection fund shall not be prorated or refunded.
Section 14. Penalties. A school shall have a
license suspended or revoked, be directed to take specific corrective actions,
or submit to additional inspections, with and without notice for failure to pay
fees or contribute to the student protection fund in accordance with this
administrative regulation.
STATUTORY AUTHORITY:
KRS
165A.340(6), (10),
165A.390,
165A.400,
165A.450
