TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(As Amended at ARRS, January 8, 2018)

 

††††† 301 KAR 5:010. License agent applications and agreements[selection criteria].

 

††††† RELATES TO: KRS 150.175[150.195]

††††† STATUTORY AUTHORITY: KRS 150.195

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 requires[authorizes] the department to provide for the control of the design, issuance, distribution, and other matters relating to licenses and permits issued by the department. This administrative regulation establishes the application procedures for becoming a department[POS] license agent.

 

††††† Section 1.[Application of Administrative Regulation. This administrative regulation applies to license agents other than those who sell licenses via the Internet and telephone per 301 KAR 5:050.

††††† Section 2.] License Agent Applications and Agreements. (1) Before receiving authorization to serve as license agents, businesses or governmental agencies shall:

††††† (a) Complete and submit a License Agent Application Form;

††††† (b) Enter into a formal contract with the department by agreeing to the provisions of, and signing, the appropriate agent agreement; and

††††† (c) Complete an Electronic Funds Transfer Request Form,[Pay a security deposit as required in the agent agreement; and

††††† (d) Sign an electronic fund transfer authorization form] that[which] authorizes the department to make electronic fund transfers from a bank account into which the agent shall deposit the proceeds from transactions.

††††† (2)[1. Agents with multiple business locations wishing to consolidate payments shall make suitable arrangements with the department.

††††† 2.] State agencies serving as license agents shall remit payment through the state accounting system.

††††† (3)[(2)] The department shall appoint as agents businesses that have:

††††† (a) A valid federal identification number;[and]

††††† (b) Except for out-of-state agents, a Kentucky sales tax number; and[.]

††††† (c) For out-of-state agents, businesses that post a surety bond of $5,000.

 

††††† Section 2.[Out-of-state Agents. The department may grant license agent status to business locations outside Kentucky if the out-of-state agent:

††††† (1) Was the agent of a county clerk; and

††††† (2) Posts a surety bond as stipulated in the out-of-state agent agreement.

 

††††† Section 3.] Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) License Agent Application Form, 1995;

††††† (b) Electronic Fund Transfer Authorization Form, 1995;

††††† (c) License Agent Contractual Agreement, 2018 edition[1995]; and

††††† (d) Governmental License Agent Contractual Agreement, 2018 edition[1995; and

††††† (e) Out-of-state Agent Agreement, 1995].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the[Division of Fiscal Control,] Department of Fish and Wildlife Resources, #1 Sportsmanís Lane[Game Farm Road], Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: November 15, 2017

††††† FILED WITH LRC: November 15, 2017 at noon

††††† CONTACT PERSON: Mark Cramer, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 4060, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.