Kentucky Statutes 165A.310 – Definitions for chapter
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As used in this chapter:
(3) “CDL driver training” means a course of study that complies with the provisions of KRS § 332.095 governing the instruction of persons in the operation of commercial motor vehicles;
(4) “CDL driver training school” means any person, firm, partnership, association, educational institution, establishment, agency, organization, or corporation, with the exception of an entry level driver training provider, that offers CDL driver training to persons desiring to obtain a Kentucky CDL in order to operate a commercial motor vehicle and for which a fee or tuition is charged;
(5) “Commercial motor vehicle” has the same meaning as in KRS § 281A.010; (6) “Commission” means the Kentucky Commission on Proprietary Education;
(7) “Entry level driver training” means a federally mandated course of instruction for new CDL applicants as outlined in 49 C.F.R. § secs. 380.600 to 380.609;
(8) “Entry level driver training provider” means an entity that is certified by the
Federal Motor Carrier Safety Administration as a training provider under 49
C.F.R. secs. 380.700 to 380.725 that is limited solely to providing entry level driver training;
(9) “Formal complaint” means a written statement filed on a form specified by the commission in which the complainant alleges that a school has violated a Kentucky statute or administrative regulation and has negatively impacted the complainant, and resolution is requested by the commission;
(10) “License” means authorization issued by the commission to operate or to contract to operate a proprietary school in Kentucky as described in this chapter and does not reflect accreditation, supervision, endorsement, or recommendation by the commission;
(11) “Person” means an individual, corporation, business trust, estate, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(12) “Proprietary school” or “school” means a privately owned educational institution, establishment, agency, organization, or person maintained on either a for-profit or not-for-profit basis, offering or administering a plan, course, or program of instruction in business, trade, technical, industrial, or related areas for which a fee or tuition is charged whether conducted in person, by mail, or by any other method, and does not include:
(a) A school or educational institution supported entirely or partly by taxation from either a local or state source;
(b) A parochial, denominational, or eleemosynary school or institution;
(c) A training program which offers instruction for payment by participants
primarily in pursuit of a hobby, recreation, or entertainment, and does not result in the granting of postsecondary credits nor lead to an industry-recognized credential, academic certificate, or degree;
(d) A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees for the benefit of the employer and without charge to the employee; or
(e) A school or educational institution licensed or approved by or a course or courses of study or instruction sponsored by the Kentucky Board of Barbering established by KRS § 317.430, the Kentucky Board of Cosmetology established by KRS § 317A.030, the Kentucky Board of Nursing established by KRS § 314.121, the Kentucky Board of Embalmers and Funeral Directors established by KRS § 316.170, or the Kentucky Council on Postsecondary Education established by KRS § 164.011;
(13) “Resident” means any person who has established Kentucky as his or her state of domicile. Proof of residency shall include but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement;
(14) “School year” is beginning the first day of July and ending the thirtieth day of June next following, except when approval shall be suspended or canceled pursuant to KRS § 165A.350; and
(15) “Statement of quality assurance” means a statement required by the commission from a non-degree granting institution, in a form and manner determined by the commission, that attests to the institution meeting the minimum standards required for receiving and maintaining a license.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 153, sec. 3, effective April 8, 2022. — Amended 2019 Ky. Acts ch. 138, sec. 1, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 46, sec. 31, effective March 30, 2018; and repealed and reenacted 2018 Ky. Acts ch. 99, sec. 1, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 76, sec. 1, effective July 12, 2012. — Amended 2002 Ky. Acts ch. 280, sec. 1, effective April 9, 2002. — Amended 1990 Ky. Acts ch. 470, sec.
58, effective July 1, 1990. — Amended 1982 Ky. Acts ch. 31, sec. 1, effective
July 15, 1982. — Created 1976 Ky. Acts ch. 363, sec. 1, effective July 1, 1976.
(1) “Agent” means any person employed by a proprietary school to act as agent, solicitor, broker, or independent contractor to procure students for the school by solicitation of enrollment in any form made at any place other than the main office or principal place of business of the school;
(2) “CDL” means a commercial driver’s license as defined in KRS § 281A.010;
Terms Used In Kentucky Statutes 165A.310
- Agent: means any person employed by a proprietary school to act as agent, solicitor, broker, or independent contractor to procure students for the school by solicitation of enrollment in any form made at any place other than the main office or principal place of business of the school. See Kentucky Statutes 165A.310
- Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
- CDL: means a commercial driver's license as defined in KRS §. See Kentucky Statutes 165A.310
- Commission: means the Kentucky Commission on Proprietary Education. See Kentucky Statutes 165A.310
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Entry level driver training: means a federally mandated course of instruction for new CDL applicants as outlined in 49 C. See Kentucky Statutes 165A.310
- License: means authorization issued by the commission to operate or to contract to operate a proprietary school in Kentucky as described in this chapter and does not reflect accreditation, supervision, endorsement, or recommendation by the commission. See Kentucky Statutes 165A.310
- 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
- Person: means an individual, corporation, business trust, estate, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Kentucky Statutes 165A.310
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(3) “CDL driver training” means a course of study that complies with the provisions of KRS § 332.095 governing the instruction of persons in the operation of commercial motor vehicles;
(4) “CDL driver training school” means any person, firm, partnership, association, educational institution, establishment, agency, organization, or corporation, with the exception of an entry level driver training provider, that offers CDL driver training to persons desiring to obtain a Kentucky CDL in order to operate a commercial motor vehicle and for which a fee or tuition is charged;
(5) “Commercial motor vehicle” has the same meaning as in KRS § 281A.010; (6) “Commission” means the Kentucky Commission on Proprietary Education;
(7) “Entry level driver training” means a federally mandated course of instruction for new CDL applicants as outlined in 49 C.F.R. § secs. 380.600 to 380.609;
(8) “Entry level driver training provider” means an entity that is certified by the
Federal Motor Carrier Safety Administration as a training provider under 49
C.F.R. secs. 380.700 to 380.725 that is limited solely to providing entry level driver training;
(9) “Formal complaint” means a written statement filed on a form specified by the commission in which the complainant alleges that a school has violated a Kentucky statute or administrative regulation and has negatively impacted the complainant, and resolution is requested by the commission;
(10) “License” means authorization issued by the commission to operate or to contract to operate a proprietary school in Kentucky as described in this chapter and does not reflect accreditation, supervision, endorsement, or recommendation by the commission;
(11) “Person” means an individual, corporation, business trust, estate, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(12) “Proprietary school” or “school” means a privately owned educational institution, establishment, agency, organization, or person maintained on either a for-profit or not-for-profit basis, offering or administering a plan, course, or program of instruction in business, trade, technical, industrial, or related areas for which a fee or tuition is charged whether conducted in person, by mail, or by any other method, and does not include:
(a) A school or educational institution supported entirely or partly by taxation from either a local or state source;
(b) A parochial, denominational, or eleemosynary school or institution;
(c) A training program which offers instruction for payment by participants
primarily in pursuit of a hobby, recreation, or entertainment, and does not result in the granting of postsecondary credits nor lead to an industry-recognized credential, academic certificate, or degree;
(d) A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees for the benefit of the employer and without charge to the employee; or
(e) A school or educational institution licensed or approved by or a course or courses of study or instruction sponsored by the Kentucky Board of Barbering established by KRS § 317.430, the Kentucky Board of Cosmetology established by KRS § 317A.030, the Kentucky Board of Nursing established by KRS § 314.121, the Kentucky Board of Embalmers and Funeral Directors established by KRS § 316.170, or the Kentucky Council on Postsecondary Education established by KRS § 164.011;
(13) “Resident” means any person who has established Kentucky as his or her state of domicile. Proof of residency shall include but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement;
(14) “School year” is beginning the first day of July and ending the thirtieth day of June next following, except when approval shall be suspended or canceled pursuant to KRS § 165A.350; and
(15) “Statement of quality assurance” means a statement required by the commission from a non-degree granting institution, in a form and manner determined by the commission, that attests to the institution meeting the minimum standards required for receiving and maintaining a license.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 153, sec. 3, effective April 8, 2022. — Amended 2019 Ky. Acts ch. 138, sec. 1, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 46, sec. 31, effective March 30, 2018; and repealed and reenacted 2018 Ky. Acts ch. 99, sec. 1, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 76, sec. 1, effective July 12, 2012. — Amended 2002 Ky. Acts ch. 280, sec. 1, effective April 9, 2002. — Amended 1990 Ky. Acts ch. 470, sec.
58, effective July 1, 1990. — Amended 1982 Ky. Acts ch. 31, sec. 1, effective
July 15, 1982. — Created 1976 Ky. Acts ch. 363, sec. 1, effective July 1, 1976.