KRS 165A.310: Definitions for chapter.

As used in this chapter:

(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;

(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 operati on 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 st atement 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 i n 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 b enefit of the employer

and without charge to the employee;

(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; or

(f) An emergency medical services training and education institute, as defined in

KRS 311A.010, unless the emergency medical services training and education

institute elects to be governed as a proprietary school;

(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 fir st 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 grant ing 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.