Kentucky Statutes 433.902 – Secondary metals recycler to obtain certificate of registration from Department of Professional Licensing — Application — Name-based background check — Fees — Annual renewal — Display of certificate — Administrative …
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(1) (a) Each secondary metals recycler shall submit to a name-based background check as provided in subsection (2) of this section and obtain a certificate of registration from the Department of Professional Licensing of the Public Protection Cabinet within sixty (60) days of the effective date of administrative regulations promulgated pursuant to this section.
(b) The application for certificate of registration shall be in a form and format determined by the Department of Professional Licensing of the Public Protection Cabinet and shall contain at a minimum the following:
1. The name of the secondary metals recycling business;
2. The name or names of each applicant;
3. The address of each secondary metals recycling business owned by the applicant; and
4. Contact information for the purposes of KRS § 433.906.
(c) Any person listed on an application for a certificate of registration shall be at least eighteen (18) years of age prior to the date that the application is submitted.
(d) Any corporation, limited liability company, partnership, limited partnership, incorporated association, or any other entity engaged in business as, or organized for the purpose of engaging in business as, a secondary metals recycler submitting an application shall be organized and qualified to do business in the Commonwealth.
(e) The Department of Professional Licensing of the Public Protection Cabinet shall charge each applicant a reasonable fee established by administrative regulation equal to the actual administrative costs of processing an application for a certificate of registration.
(f) If an applicant is the owner of more than one (1) secondary metals recycling location, the Department of Professional Licensing of the Public Protection Cabinet shall charge a fee for each location that is no greater than the actual administrative costs of processing the application for certificate of registration. Upon approval of the application, the Department of Professional Licensing of the Public Protection Cabinet shall issue a certificate of registration for each location.
(g) Each applicant that receives a certificate of registration from the Department of Professional Licensing of the Public Protection Cabinet as provided in this section shall be required to pay an annual renewal fee equal to the actual administrative costs of processing the renewal of the certificate for registration.
(h) The list of secondary metals recyclers registered with the Department of Professional Licensing of the Public Protection Cabinet as provided in this section shall be public information and available upon written request to the Department of Professional Licensing of the Public Protection Cabinet.
(2) (a) Prior to approval of the application, the Department of Professional Licensing of the Public Protection Cabinet shall require a name-based background check on each applicant.
(b) Each applicant shall provide written authorization to the Department of Kentucky State Police to perform a name-based background check and release the results to the Department of Professional Licensing of the Public Protection Cabinet.
(c) Any request for a name-based background check shall be on a form or through a process approved by the Department of Kentucky State Police, which may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
(d) The Department of Professional Licensing of the Public Protection Cabinet shall not issue a certificate of registration to an applicant if the name-based background check results reveal that the applicant has been convicted of, or entered a plea of guilty, an Alford plea, or a plea of nolo contendere to, a felony involving theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, or obtaining property by false pretenses, any felony drug offense, or knowingly and intentionally violating the laws of the Commonwealth relating to registration as a secondary metals recycler.
(3) A secondary metals recycler’s certificate of registration shall be conspicuously displayed at the location of the secondary metals recycler listed on the application for certificate of registration or at each location if the secondary metals recycler owns more than one (1) business location.
(4) The Department of Professional Licensing of the Public Protection Cabinet shall promulgate administrative regulations in accordance with KRS Chapter
13A to implement the provisions of this section.
(5) The Department of Professional Licensing of the Public Protection Cabinet shall not be responsible for any disciplinary action against any secondary metals recycler seeking an application for certificate of registration.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 36, effective April 11, 2017. — Amended 2013 Ky. Acts ch. 106, sec. 13, effective June 25, 2013. — Created
2012 Ky. Acts ch. 91, sec. 2, effective July 12, 2012.
(b) The application for certificate of registration shall be in a form and format determined by the Department of Professional Licensing of the Public Protection Cabinet and shall contain at a minimum the following:
Terms Used In Kentucky Statutes 433.902
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Owner: means a person who owns title to land wherein a cave is located, including a person who owns title to a leasehold estate in the land and specifically including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities as well as counties, municipalities and other political subdivisions of the Commonwealth. See Kentucky Statutes 433.871
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
1. The name of the secondary metals recycling business;
2. The name or names of each applicant;
3. The address of each secondary metals recycling business owned by the applicant; and
4. Contact information for the purposes of KRS § 433.906.
(c) Any person listed on an application for a certificate of registration shall be at least eighteen (18) years of age prior to the date that the application is submitted.
(d) Any corporation, limited liability company, partnership, limited partnership, incorporated association, or any other entity engaged in business as, or organized for the purpose of engaging in business as, a secondary metals recycler submitting an application shall be organized and qualified to do business in the Commonwealth.
(e) The Department of Professional Licensing of the Public Protection Cabinet shall charge each applicant a reasonable fee established by administrative regulation equal to the actual administrative costs of processing an application for a certificate of registration.
(f) If an applicant is the owner of more than one (1) secondary metals recycling location, the Department of Professional Licensing of the Public Protection Cabinet shall charge a fee for each location that is no greater than the actual administrative costs of processing the application for certificate of registration. Upon approval of the application, the Department of Professional Licensing of the Public Protection Cabinet shall issue a certificate of registration for each location.
(g) Each applicant that receives a certificate of registration from the Department of Professional Licensing of the Public Protection Cabinet as provided in this section shall be required to pay an annual renewal fee equal to the actual administrative costs of processing the renewal of the certificate for registration.
(h) The list of secondary metals recyclers registered with the Department of Professional Licensing of the Public Protection Cabinet as provided in this section shall be public information and available upon written request to the Department of Professional Licensing of the Public Protection Cabinet.
(2) (a) Prior to approval of the application, the Department of Professional Licensing of the Public Protection Cabinet shall require a name-based background check on each applicant.
(b) Each applicant shall provide written authorization to the Department of Kentucky State Police to perform a name-based background check and release the results to the Department of Professional Licensing of the Public Protection Cabinet.
(c) Any request for a name-based background check shall be on a form or through a process approved by the Department of Kentucky State Police, which may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
(d) The Department of Professional Licensing of the Public Protection Cabinet shall not issue a certificate of registration to an applicant if the name-based background check results reveal that the applicant has been convicted of, or entered a plea of guilty, an Alford plea, or a plea of nolo contendere to, a felony involving theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, or obtaining property by false pretenses, any felony drug offense, or knowingly and intentionally violating the laws of the Commonwealth relating to registration as a secondary metals recycler.
(3) A secondary metals recycler’s certificate of registration shall be conspicuously displayed at the location of the secondary metals recycler listed on the application for certificate of registration or at each location if the secondary metals recycler owns more than one (1) business location.
(4) The Department of Professional Licensing of the Public Protection Cabinet shall promulgate administrative regulations in accordance with KRS Chapter
13A to implement the provisions of this section.
(5) The Department of Professional Licensing of the Public Protection Cabinet shall not be responsible for any disciplinary action against any secondary metals recycler seeking an application for certificate of registration.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 36, effective April 11, 2017. — Amended 2013 Ky. Acts ch. 106, sec. 13, effective June 25, 2013. — Created
2012 Ky. Acts ch. 91, sec. 2, effective July 12, 2012.