302 KAR 16:111. Violations, revocations,

and suspensions of business identification number.

 

      RELATES TO: KRS 247.233

      STATUTORY AUTHORITY: KRS 247.233

      NECESSITY, FUNCTION, AND

CONFORMITY: KRS 247.233 requires the department to promulgate administrative regulations

establishing a comprehensive list of violations and civil penalties not to

exceed $10,000 and the procedure for suspension and revocation of a business

identification number. This administrative regulation establishes those

requirements.

 

      Section 1. (1) The following acts shall be

violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of

these requirements shall be accessed a civil penalty of not less than $1,000

and not more than $10,000:

      (a) Operating without a current business

identification number;

      (b) Operating without current insurance

in the required coverage amount;

      (c) Operating a ride or attraction while

it is under a stop operation order;

      (d) Operating a ride or attraction while

the operator is not present;

      (e) Using blocking in foot switch

breaker;

      (f) Using improper material for

electrical fuse;

      (g) Moving equipment after a reportable

incident or tampering with evidence;

      (h) Operating a ride or attraction too

close to high voltage;

      (i) Positioning a ride or attraction underneath

utility lines;

      (j) Operating a ride or attraction while

the operator is impaired;

      (k) Grounding the generator incorrectly;

      (l) Failing to maintain the ride or

attraction in good mechanical condition;

      (m) Failing to repair ride or attraction

according to manufacturer specifications or recommendations;

      (n) Failing to properly shield power

units; and

      (o) Failing to use appropriate

replacement parts.

      (2) The following acts shall be

violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of

these requirements shall be assessed a civil penalty of not less than $100 and

not more than $5,000:

      (a) Failing to follow safety guidelines

and manufacturer specifications;

      (b) Failing to notify the department of

an incident requiring a report within twelve (12) hours;

      (c) Failing to submit a required incident

report;

      (d) Admitting an intoxicated patron on an

amusement ride or attraction;

      (e) Admitting a patron with inappropriate

footwear; and

      (f) Failing to completely fill out

incident report form.

      (3) The following acts shall be

violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of

these requirements shall be assessed a civil penalty of not less than $100 and

not more than $1,000:

      (a) Failing to have operational manuals

on site;

      (b) Failing to have maintenance manuals

on site;

      (c) Failing to have maintenance records

on site;

      (d) Fueling ride or attraction in an

undesignated area;

      (e) Exceeding manufacturer’s speed of

ride or attraction;

      (f) Failing to properly secure the ride

or attraction;

      (g) Failing to have electrical disconnect

within six (6) feet of operator;

      (h) Operating a ride or attraction by a

operator under eighteen (18) years of age;

      (i) Failing to use correct START/STOP switch;

      (j) Operating the ride or attraction in

inclement weather;

      (k) Failing to comply with proper

operating procedures noted during inspection;

      (l) Failing to properly anchor inflatable

device;

      (m) Failing to perform or document

pre-operation inspections;

      (n) Operating without an itinerary; and

      (o) Operating without the required number

of operators as required by manufacturer.

      (4) The following acts shall be

violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of

these requirements shall be assessed a civil penalty of not less than $100 and

not more than $500:

      (a) Failing to have Ground Fault Circuit

Interrupter (GFCI) protection if required;

      (b) Failing to properly place fencing

barrier;

      (c) Failing to have fire extinguishers in

correct locations;

      (d) Failing to have first aid kit on

location; and

      (e) Failing to have inspection sticker in

appropriate location.

      (5) Failure to have ride or attraction

signage or use of incorrect signage shall be a violation of KRS 247.232 through

247.236 and 302 KAR Chapter 16. Violators of these requirements shall be

assessed a civil penalty of not less than $100 and not more than $200.

 

      Section 2. (1) Persons who commit the

same violation within thirty (30) days of being cited for the first violation

shall be assessed up to double the civil penalty accessed in Section 1 of this

administrative regulation, not to exceed $10,000.

      (2) Persons who commit a third same

violation within sixty (60) days of being cited for the first violation shall be

assessed up to triple the civil penalty accessed in Section 1 of this

administrative regulation, not to exceed $10,000.

      (3) This section shall not prohibit the

commissioner from suspending or revoking a license, permit, registration, or

certification at any time pursuant to KRS 247.233.

 

      Section 3. Business Identification Number

Suspension or Revocation. (1) The business owner shall have ten (10) days upon

the receipt of the notification of a proposed suspension, revocation, or

modification of a business identification number to request a hearing. The

hearing shall be conducted in accordance with KRS Chapter 13B.

      (2) If a hearing is not requested as

provided for in subsection (1) of this section, the department may suspend,

revoke, or modify the business identification number once the ten (10) day

hearing request filing period has passed.

      (3) The department may suspend a business

identification number and place stop operation orders on all rides or

attractions belonging to the owner for a period of time which shall not exceed

seven (7) days, pending inquiry. After opportunity for a hearing, the

department may deny, suspend, revoke, or modify the provision of any business

identification number issued under KRS 247.234 if it finds that the owner or

his employee has committed any of the following acts, each of which is declared

to be a violation of KRS 247.232 through 247.236:

      (a) Making a false or fraudulent

statement to inspectors;

      (b) Knowingly violating any provision of

KRS 247.232 through 247.236 or 302 KAR Chapter 16; or

      (c) Failing to pay an administrative

penalty or fee assessed by this chapter.

      (4) Any owner whose business

identification number is revoked under the provisions of this section shall not

be eligible to apply for a new license until the time has elapsed from the date

of the order revoking the business identification number as established by the

department, not to exceed two (2) years, or if an appeal is taken from the

order or revocation, not to exceed two (2) years from the date of the order or

final judgment sustaining the revocation. (35 Ky.R. 2180; 2429; eff. 6-5-2009.)