Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
165A.360(2), (7), (9),
165A.370(1),
(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
165A.400 authorizes the commission to
promulgate administrative regulations to administer the provisions of
KRS
165A.310 to
165A.390. Pursuant to
KRS
165A.360(9), licenses issued
by the commission are transferable.
KRS
165A.370(1)(b) and (j)
provide the commission with the authority to ensure that schools have all the
necessary equipment to operate. This administrative regulation governs the
procedures that a school shall follow to transfer ownership, change the
location, change the name of the school, or revise an existing program for
twenty-five (25) percent or more, as established in
791 KAR 1:010, Section
10).
Section 1. Transfer of Ownership.
A school which transfers ownership shall:
(1)
File a completed, signed and dated Application to Transfer Ownership of a
School, (Form PE-21), incorporated by reference in
791 KAR 1:010, Section 12, for
commission approval within ten (10) days following the effective date of
transfer.
(2) Pay by check or money
order a transfer fee as set forth in
791 KAR 1:025, Section 5;
and
(3) Submit a copy of legal
evidence showing the transfer of ownership agreement and evidence of
purchase.
Section 2.
Change of Location.
(1) A school that changes
location shall at least thirty (30) days prior to the change of location:
(a) File a completed, signed, and dated,
Application to Change the Location of a School, (Form PE-23), incorporated by
reference in
791 KAR 1:010, Section 12, for
commission approval; and
(b) Pay by
check or money order an application fee for the change of location set forth in
791 KAR 1:025, Section
7.
(2)
(a) An inspection shall be conducted by a
member of the commission or its designee and submitted to the commission for
approval.
(b) Schools that fail to
meet minimum statutory and regulatory standards shall be provided a list of
corrective measures to be completed prior to operation of the school.
Section 3. Change of
Name of a School. A school which changes its name shall at least (30) days
prior to the change of name:
(1) File a
completed, signed, and dated, Application to Change the Name of a School, (Form
PE-22), incorporated by reference in
791 KAR 1:010, Section 12, for
commission approval; and
(2) Pay by
check or money order an application fee for a change of name as set forth in
791 KAR 1:025, Section
6.
Section 4. Revise An
Existing Program.
(1) A school which revises
an existing program for twenty-five (25) percent or more, as established in
791 KAR 1:010, Section 10 shall
at least thirty (30) days prior to the next commission meeting:
(a) File a completed, signed, and dated,
Application to Revise an Existing Program for 25% or More, (Form PE-13),
incorporated by reference in
791 KAR 1:010, Section 12, for
commission approval; and
(b) Pay by
check or money order the fee as set forth in
791 KAR 1:025, Section
10.
(2) A school which
revises an existing program for less than twenty-five (25) percent shall file a
completed, signed, and dated, Notification to Revise an Existing Program For
Less Than 25%, (Form PE-12), incorporated by reference in
791 KAR 1:010, Section 12, prior
to the effective date of change.
Section 5. Expansion of School Facilities.
(1) If a school expands the space of an
approved location, the school shall notify the commission in writing at least
ten (10) days prior to occupancy.
(2) If a school utilizes a space, other than
an approved location, on an on-going basis, which is already approved for
public use, the school shall notify the commission in writing.
Section 6. Conditional Approval.
The executive director may provide conditional approval of applications until
submitted to the commission for final approval.
STATUTORY AUTHORITY:
KRS
165A.340(6),
165A.360(2),
(9),
165A.370(1)(b),
(j),
165A.400
