TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(As Amended at ARRS, January 8, 2018)
††††† 301 KAR 5:020. License agent requirements and responsibilities.
TO: KRS 150.175[
††††† STATUTORY AUTHORITY: KRS 150.195
FUNCTION, AND CONFORMITY: KRS 150.195[
(4)] requires[ authorizes]
the department to promulgate administrative regulations governing the issuance
of licenses. This administrative regulation establishes the requirements for
issuing licenses,[ and] electronically reporting license sale data
and license revenue, and[ ; details the procedures for]
suspending or revoking license agent status[ ; and specifies the methods for
appealing a suspension or revocation of agent status].
1. Issuing Licenses. (1) A license agent shall[
may] issue a
license or permit to a person who completes the registration process
with[ provides] the agent and pays the appropriate license or
permit fee as established in[ pursuant to]
301 KAR 3:022[ with:
His date of birth; and
An identification number, which shall be:
A driverís license number;
A state identification card number;
A Social Security number; or
If the purchaser is under age sixty-five (65) and buying a senior/disabled
license, the number from an unexpired disability authorization card issued to
the person to whom the license is issued and proof of Kentucky residency; or
If the purchaser is age sixty-five (65) or over and buying a senior/disabled
license, proof of age and Kentucky residency].
A license agent shall not knowingly enter false information while processing a
(3) A license agent may issue a junior hunting license if the
parent or guardian of the license recipient signs the license at the time of
††††† Section 2. Agent Commission and Depositing of Funds. (1) The license agent shall retain as a commission:
Fifty (50) cents for each Peabody[
or Addington Enterprises-Robinson Forest]
permit issued pursuant to 301 KAR 4:100; and[ or 301 KAR 4:200.]
††††† (b) Fifty (50) cents each for other transactions.
A license agent shall promptly deposit transaction fees, less the commissions established[
in subsection (1) of this section, into the bank account established in[ required
by] 301 KAR 5:010.
††††† (3) A license agent may elect to print, on any license or permit issued, a coupon or advertisement, pursuant to a department sponsorship established in KRS 45A.097, in lieu of retaining the applicable commissions established in subsection (1) of this section.
Uploading License Sale Information. (1) The department shall provide each
license agent a schedule of dates when license sale information will be
uploaded from his POS device.
A license agent shall:
Ensure his POS device is connected to a telephone line on the date of the
Leave the POS device connected to the telephone line until the upload has been
Retain the receipts printed with each transaction until notified by the
Telephone the department within twenty-four (24) hours if the amount of funds
to be transferred, as reported by the POS device, does not agree with the
license agentís records.
4.] Electronic Transfer of Funds to the Department. (1) The department shall
provide each license agent with a schedule of dates when[ an]
electronic fund transfers[ transfer from his bank account] will be
the close of banking hours] On the day of a[ the] scheduled
electronic fund transfer, a license agent shall have sufficient funds in the[ his]
account to cover the amount of the transfer.
††††† (3) A license agent shall contact the department prior to the day of a scheduled electronic fund transfer if there are any discrepancies or concerns that need to be resolved.
5]. Voiding Licenses. (1) A license agent may void a license
††††† (a) The license does not print correctly; or
††††† (b) After the license is printed, the purchaser:
Discovers that the issued license is incorrect[
he was issued an
††††† 2. Will not pay for the license; or
Refuses to accept the license.
††††† (2) An agent shall:
††††† (a) Ensure that a license established in subsection (1) of this section is voided in the system; and
Destroy all paper copies of the voided license or permit[
voided licenses and return them to the department as stipulated in Section 6 of
this administrative regulation].
6. Materials Retained and Returned to the Department. (1) A
license agent shall retain:
A voided license;
Kentucky Migratory Bird Harvest Information Program Form as referenced in 301
KAR 5:040; and
Ruined or unusable license stock.
A license agent shall return the materials listed in this section to the
department on the working day after each scheduled or unscheduled upload of
The department shall charge the license agent for a voided license not returned
as stipulated in subsection (2) of this section, and shall not issue credit for
a voided license returned later than (30) days after the upload in which the
void was reported.
7.] Suspensions and Revocation of Agent Status. (1) In addition to any
penalties provided by KRS 150.990, and except as established in subsection
(2) of this section, the department shall suspend for one (1) to five
(5) years[ year] a license agent who twice in a twelve (12) month
††††† (a) Causes an electronic fund transfer failure; or
††††† (b) Violates a provision of:
KRS 150.195; or
An administrative regulation adopted pursuant to KRS 150.195.
††††† (2) The department shall permanently revoke the agent status of a license agent who:
for the second time] an offense for which the license agent[ he]
has been previously suspended;
††††† (b) Does not deposit the required funds in his agent bank account within twenty-four (24) hours of notification by the department of insufficient funds;
††††† (c) Fails to notify the department prior to closing his agent bank account;
††††† (d) Closes his business seasonally without notifying the licensing section supervisor in writing by surface mail, fax, or e-mail and settling his account; or
Knowingly issues a license containing false information[
Fails to notify the department within twenty-four (24) hours of discovering the
loss or theft of a POS device or paper stock].
††††† (3) Before issuing a final order suspending or revoking the status of an agent, the department shall:
Notify the agent by registered mail that the agentís[
is under review; and
††††† (b) Afford the agent the opportunity for an informal meeting with the commissioner or his designee to show cause why his agent status should not be suspended or revoked.
††††† (4) A suspension or revocation shall become effective upon receipt of notification from the department.
††††† (5) A suspended or revoked agent shall:
upon demand the POS devices and license stock in his possession to an
authorized agent of the department;
Allow the department access to financial records dealing with license sales;
Immediately pay all funds owed to the department.
8]. Appeal of Suspension or Revocation of Agent Status. (1) A
license agent who wishes to appeal a suspension or revocation shall request a
hearing in writing, postmarked or delivered in person to the department no
later than ten (10) days after notification of suspension or revocation.
††††† (2) Upon receipt of the request for a hearing, the department shall conduct a suspension or revocation hearing pursuant to KRS Chapter 13B and KRS 150.195.
††††† (3) The hearing officerís findings of fact, conclusions of law, and recommended order shall be considered by the departmentís commission at the commission meeting immediately following the deadline for the partiesí exceptions pursuant to KRS Chapter 13B.
The departmentís commission shall issue a final order pursuant to KRS Chapter
Appoint a hearing officer qualified to conduct hearings under the provisions of
KRS Chapter 13B; and
Schedule a hearing to be held:
Prior to the next regularly scheduled meeting of the commission, if the request
for a hearing is received more than thirty (30) days before the scheduled
commission meeting; or
Within thirty (30) days, if the request for a hearing is received within thirty
(30) days of the next scheduled commission meeting.
The hearing officer shall conduct the hearing and present his recommendation at
the commission meeting immediately following the hearing date.
At the hearing, the license agent:
May be represented by counsel; and
May present evidence which he feels should be considered, including the calling
The department may present evidence and call witnesses to support the
suspension or revocation.
The commission shall make its decision by majority vote.
An agent may appeal a decision of the commission to Franklin Circuit Court
pursuant to KRS 150.195.
The department shall conduct suspension or revocation hearings according to the
provisions of KRS Chapter 13B].
GREGORY K. JOHNSON, Commissioner
DON PARKINSON, Secretary
††††† APPROVED BY AGENCY: November 13, 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 40601, phone (502) 564-3400, fax (502) 564-0506, email email@example.com.