RELATES TO:

KRS 150.175

STATUTORY AUTHORITY:

KRS 150.195

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.195 requires 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 license agent.

1. Section 1. License Agent Applications and Agreements.

   1. (1) Before receiving authorization to serve as license agents, persons, government entities other than the department, businesses, or organizationsbusinesses or governmental agencies shall:

      1. (a) Complete and submit a License Agent Application Form;
      2. (b) Enter into a formal contract with the department by agreeing to the provisions of, and signing, the License Agent Contractual Agreement, 2023 Editionappropriate license agent agreement; and
      3. (c) Complete an Electronic Funds Transfer Request Form that authorizes the department or its vendor to make electronic fund transfers from ana bank account into which the license agent shall deposit the proceeds from transactions, or establish and agree upon the process for license agent-initiated fund transfers to the department or vendor.
   2. (2) State agencies, other than the department, serving as license agents shall promptly remit payment through the state accounting system.

   3. (3) The department shall not appoint as an agentagents a businessbusinesses that does nothave:

      1. (a) Possess aA valid federal identification number;
      2. (b) Possess a Kentucky sales tax number, except if it is outside Kentucky; and
      3. (c) Post a surety bond of $5,000 if it is an out-of-state, private business.

2. Section 2. Incorporation by Reference.

   1. (1) The following material is incorporated by reference:

      1. (a) "License Agent Application Form", 20231995;
      2. (b) Electronic FundsFund Transfer RequestAuthorization Form, 20231995; and
      3. (c) License Agent Contractual Agreement, 2023202218 Edition.; and
      4. (d) Governmental License Agent Contractual Agreement, 2018 edition.

   2. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at:

      1. (a) https://fw.ky.gov/Licenses/Documents/LICENSE_AGENT_APPLICATION_FORM.pdf for the "License Agent Application Form";
      2. (b) https://fw.ky.gov/Licenses/Documents/EFT_TRANSFER_FORM.pdf for the "Electronic Fund Transfer Authorization Form"; and
      3. (c) https://fw.ky.gov/Licenses/Documents/licenseagentagreement.pdf for the "License Agent Contractual Agreement.

History

(22 Ky.R. 1177; Am. 1457; eff. 2-12-1996; 26 Ky.R. 2024; 27 Ky.R. 79; eff. 7-17-2000; 30 Ky.R. 2343; eff. 7-14-2004; 44 Ky.R. 1393, 1822; eff. 3-9-2018; 49 Ky.R. 1661, 2092; eff. 6-8-2023.)

FILED WITH LRC: April 11, 2023

CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.