201 KAR 41:100. Verification of 240 hour employees.


      RELATES TO: KRS 329A.070


      NECESSITY, FUNCTION AND CONFORMITY: KRS 32A9.070(9) states the board shall establish a method of verification of the number of hours an employee working under the direction of the private investigator works, to ensure the employee does not exceed 240 hours of work per year. This administrative regulation establishes a process for this verification.


      Section 1. Definition. "Employee" means a person who engages in "private investigating" as defined by KRS 329A.010(4) pursuant to the limitation authorized by KRS 309.070(9).


      Section 2. Registration of Employees. (1) A private investigator or private investigator firm shall provide the name and address of each employee who works for that private investigator or private investigator firm under the licensure exemption of KRS 329A.070(9). The licensee shall file with the board an Employee Registration form accompanied by a twenty (20) dollar fee for each employee.

      (2) The employee shall be assigned a tracking number by the board that the licensee shall use on all reporting forms.

      (3)(a) Each licensee shall maintain a daily log for each employee. The daily log shall include the dates and hours worked by the employee.

      (b) Upon a request by the board, the licensee shall provide the daily log within five (5) business days of the date the log is requested.

      (4) An employee may perform work for more than one (1) licensee during a one (1) year period. Each licensee employing that person shall provide the required information to the board.


      Section 3. Quarterly Reports. (1) The licensee shall file a Quarterly Report with the board for each employee working under the licensee, even if no hours were worked during the reporting quarter.

      (2)(a) The report shall be completed for the following quarterly dates:

      1. March 31;

      2. June 30;

      3. September 30; and

      4. December 31st.

      (b) The report shall be submitted to the board by the last day of the month following the quarter’s ending date.

      (3) The reports shall be subject to review by the board.


      Section 4. Notification of Maximum Hours. (1) If an employee reaches the maximum 240 hours of work with a licensee prior to the end of the year, that licensee shall notify the board that the employee is ineligible to work for that licensee under the KRS 329A.070(9) exception for the remainder of the year.

      (2) If an employee reaches the maximum 240 hours with that licensee before the quarter expires, the licensee shall notify the board within five (5) business days and cause the employee to immediately cease working in that capacity.


      Section 5. Renewal. (1) The notification of an employee working pursuant to this administrative regulation shall be valid for one (1) year from the date of issuance. A renewal application shall be received by the board no later than forty-five (45) days before the one (1) year time period expires.

      (2) An employee’s ability to work shall be renewed upon:

      (a) The licensee’s payment of the twenty (20) dollar renewal fee; and

      (b) Submission of a completed Employee Registration form.


      Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Employee Registration", KPI 08, 01/2011 edition; and

      (b) "Quarterly Report", KPI 09, 1/2011 edition.

      (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. (37 Ky.R. 1112; Am. 1987; eff. 3-4-2011.)