201 KAR 11:300. Use of facsimile and electronic mail transmissions;

electronic storage.

 

      RELATES TO: KRS 324.281(5), 324.282

      STATUTORY AUTHORITY: KRS 324.281(5),

324.282

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

324.282 requires the commission to promulgate administrative regulations to

carry out and enforce the provisions of KRS Chapter 324. This administrative

regulation establishes standards for the use of facsimile and electronic-mail

transmissions.

 

      Section 1. Facsimile Transmissions. (1) A

licensee may use facsimile (FAX) devices to transmit and receive documents according

to the provisions of this administrative regulation.

      (2) A copy of a document transmitted by

FAX device shall be immediately mailed by regular mail, postage prepaid and

properly addressed, to the person to whom the FAX transmission is transmitted.

      (3) A document received by FAX device

shall be immediately placed in the licensee's file as required under 201 KAR

11:062.

 

      Section 2. If a licensee complies with

Section 1 of this administrative regulation, the time of delivery of a document

transmitted by FAX device, and a document required to be submitted under 201

KAR 11:045, shall be the time of transmission by FAX device.

 

      Section 3.

Electronic-mail Transmissions. (1) A licensee may use electronic mail to

transmit and receive documents according to the provisions of this

administrative regulation.

      (2) A copy of a

document received by electronic mail shall be immediately mailed by regular

mail, postage prepaid, and properly addressed to any participating licensee who

requests a copy of the document. A document received by electronic mail shall

be immediately placed in the licensee's file as required under 201 KAR 11:062.

 

      Section 4. If a

licensee uses electronic mail to transmit and receive documents, in accordance

with section 3 of this administrative regulation, the time of delivery of the

electronically-mailed document shall be the time that it is sent from the

originator’s electronic-mail system. (17 Ky.R. 2301; Am. 2697;

eff. 3-8-1991; 36 Ky.R. 434; 1014; eff. 12-4-2009.)