791 KAR 1:160. Transfer of

ownership, change of location, change of name, revision to existing programs.

 

      RELATES TO: KRS 165A.360(2), (7), (9),

165A.370(1), (2)

      STATUTORY AUTHORITY: KRS 165A.340(7), 165A.360(2),

(9), 165A.370(1)(b), (j), 165A.400

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

165A.400 authorizes the commission to promulgate administrative regulations to

administer the provisions of KRS 165A.310 to 165A.390. Pursuant to KRS

165A.360(9), certificates of approval issued by the commission are transferable.

KRS 165A.370(1)(b) and (j) provide the commission with the authority to ensure

that schools have all the necessary equipment to operate. This administrative

regulation governs the procedures that a school shall follow to transfer

ownership, change the location, change the name of the school, or revise an

existing program for twenty-five (25) percent or more, as established in 201

KAR 40:020, Section 5(2).

 

      Section 1. Transfer of Ownership. A

school which transfers ownership shall: (1) File a completed, signed and dated Application

to Transfer Ownership of a School, (Form PE-21), referenced by 791 KAR 1:025,

for commission approval within ten (10) days following the effective date of

transfer.

      (2) Pay by check or money order a transfer

fee as set forth in 791 KAR 1:025, Section 5; and

      (3) Submit a copy of legal evidence

showing the transfer of ownership agreement and evidence of purchase.

 

      Section 2. Change of Location. (1) A

school that changes location shall at least thirty (30) days prior to the change

of location:

      (a) File a completed, signed, and dated,

Application to Change the Location of a School, (Form PE-23), referenced by 791

KAR 1:025, for commission approval; and

      (b) Pay by check or money order an

application fee for the change of location set forth in 791 KAR 1:025, Section

7.

      (2)(a) An inspection shall be conducted

by a member of the commission or its designee and submitted to the commission

for approval.

      (b) Schools that fail to meet minimum

statutory and regulatory standards shall be provided a list of corrective

measures to be completed prior to operation of the school.

 

      Section 3. Change of Name of a School. A

school which changes its name shall at least (30) days prior to the change of

name:

      (1) File a completed, signed, and dated,

Application to Change the Name of a School, (Form PE-22), referenced by 791 KAR

1:025, for commission approval; and

      (2) Pay by check or money order an

application fee for a change of name as set forth in 791 KAR 1:025, Section 6.

 

      Section 4. Revise An Existing Program. (1)

A school which revises an existing program for twenty-five (25) percent or

more, as established in 791 KAR 1:020, Section 5(2) shall at least thirty (30)

days prior to the next commission meeting:

      (a) File a completed, signed, and dated,

Application to Revise an Existing Program for 25% or More, (Form PE-13), referenced

by 791 KAR 1:020, for commission approval; and

      (b) Pay by check or money order the fee as

set forth in 791 KAR 1:025, Section 10.

      (2) A school which revises an existing

program for less than twenty-five (25) percent shall file a completed, signed,

and dated, Notification to Revise an Existing Program For Less Than 25%, (Form

PE-12), referenced by 791 KAR 1:020, prior to the effective date of change.

 

      Section 5. Expansion of School

Facilities. (1) If a school expands the space of an approved location, the school

shall notify the commission in writing at least ten (10) days prior to occupancy.

      (2) If a school utilizes a space, other

than an approved location, on an on-going basis, which is already approved for

public use, the school shall notify the commission in writing. (34 Ky.R. 1307;

Am. 1719; eff. 2-1-2008; Recodified from 201 KAR 40:160, 6-12-2014.)