KRS 438.3067: License application approval and denial -- Revocation -- Appeals.

(1) (a) Except as provided in KRS 438.3063(5) and (7), on or after July 1, 2026, the

commissioner shall approve or deny every application for a tobacco, nicotine,

or vapor product license within fourteen (14) business days.

(b) If a retailer has submitted an application and the department has not issued a

license or denial, or notified of failure to renew within fourteen (14) business

days, a retailer shall not be subject to any penalties during or after the required

fourteen (14) business days until the department has issued the license or

denial, or notified of failure to renew to the retailer.

(2) A license shall only be denied if the:

(a) 1. Application required in KRS 438.3063 is incomplete; and

2. Applicant has been given the opportunity to correct an application as

required in KRS 438.3063;

(b) Licensing fee required in KRS 438.3063 is not remitted with the application;

(c) Applicant or business owners are not twenty-one (21) years of age or older;

(d) Applicant or business owners have a tax delinquency due to the Department

of Revenue, unless the applicant or business owners have an approved

payment agreement with the Department of Revenue; or

(e) Applicant has committed any act for which a license would be revoked

pursuant to KRS 438.3069.

(3) If the application is denied, the:

(a) License shall not be issued;

(b) Applicant shall be notified of the commissioner's denial, whi ch shall include

the reason for the denial; and

(c) Applicant may, within thirty (30) days, appeal the denial and request an

administrative hearing on the matter in accordance with KRS Chapter 13B.

(4) (a) If the commissioner revokes a license pursuant to KRS 438.3069, the

commissioner shall:

1. Notify the applicant within ten (10) days of the decision to revoke the

license; and

2. Upon the request of a denied licensee, commence a hearing on the

license revocation in accordance with KRS Chapter 13B.

(b) Revocation of a license subject to KRS 438.305 to 438.350, as it relates to the

regulation of alternative nicotine products, tobacco products, and vapor

products, for any reason shall result in the inability of a retailer to reapply for

a license for two (2) years.

(c) 1. A final order of the commissioner shall be appealable to the Franklin

Circuit Court.

2. The licensee may, within thirty (30) days, appeal the final order and

request an administrative hearing on the matter in accordance with KRS

Chapter 13B.