KRS 224.20-740: Vehicle emission inspection stations.

(1) The cabinet may enter into an agreement with one (1) or more independent

contractors, subject to public bidding, to provide for the construction, equipment,

establishment, maintenance, and operation of official vehicle emission inspection

stations in the numbers and locations required to provide vehicle owners reasonably

convenient access to inspection facilities.

(2) The cabinet shall be prohibited from entering into an agreement with any

independent contractor who is engaged in the business of manufacturi ng, selling,

maintaining or repairing vehicles and vehicle replacement or repair parts in the

Commonwealth, except that the independent contractor shall not be precluded from

maintaining or repairing any vehicle owned or operated by the independent

contractor.

(3) The agreement authorized by this section shall contain provisions relating to the

following:

(a) That the Commonwealth shall not be required to purchase any asset or assume

any liability if the agreement is not renewed;

(b) That the contractor is authorized to collect the inspection fee for a test in the

amount fixed by the cabinet;

(c) That the Commonwealth shall be reimbursed by the contractor for not less

than ten percent (10%) of the inspection fee, except for programs operated by

air pollution control districts;

(d) That reports and documentation shall be submitted to the cabinet if required

concerning the operation of the official vehicle emission inspection stations;

and

(e) That the cabinet has discretion to investigate the operation of the official

vehicle emission inspection stations as the conditions and circumstances of

the operation may indicate, and that the cabinet may revoke the contract if it

finds that the stations are not operated in accordance with KRS 224.20 -710 to

224.20-765 or that the contractor has failed or refused to submit records or

documentation required by KRS 224.20-710 to 224.20-765.

(4) The agreement may contain any provisions deemed necessary by the cabinet for the

administration or enforcement of KRS 224.20-710 to 224.20-765.