{"data":{"id":"us-ky/krs-324b.040","jurisdiction":"us-ky","citation":"KRS 324B.040","heading":"Independent board or commission  to use services of Department of","body":"Professional Licensing -- Exemptions -- Report.\n(1) As  used in this section, \"independent board or commission\" means  an\nexecutive branch agency created by statute that serves the primary purpose of\nlicensing, certifying, registering, or otherwise regulating any occupational or\nprofessional category. \"Independent board or commission\" does not include:\n(a) An  executive branch board or commission that is a part of another\nexecutive branch agency;\n(b) Any board or commission that is under the authority or jurisdiction of the\nGeneral Assembly or the judicial branch; or\n(c) Any  board or commission within any branch of state government if that\nboard or commission is expressly designed to:\n1. Study, report, or make  recommendations regarding a particular\nissue; or\n2. Expire within a time certain.\n(2) Any independent board or commission that is created after July 15, 2010, shall\nuse the administrative services of the Department of Professional Licensing as\ndescribed under KRS  324B.030  unless that board or commission  can\nreasonably demonstrate to the satisfaction of the department that it will license,\ncertify, register, or otherwise regulate at least one hundred (100) persons. If the\nboard or commission is able to initially demonstrate that it will reach the\nthreshold established in this subsection and then fails to license, certify,\nregister, or otherwise regulate at least one hundred (100) persons at the end of\nany two (2) consecutive fiscal years, that board or commission shall be subject\nto the process required in subsection (4) of this section.\n(3) Any independent board or commission that was created before July 15, 2010,\nshall undergo the process required in subsection (4) of this section if that board\nor commission licenses, certifies, registers, or otherwise regulates less than\none hundred (100) persons at the end of any two (2) consecutive fiscal years\nending on or after June 30, 2010.\n(4) (a) If an independent board or commission fails to regulate one hundred\n(100) or more persons for two (2) consecutive fiscal years as described in\nsubsections (2) and (3) of this section, that board or commission shall\nsubmit a report within ninety (90) days after the close of the second of the\ntwo (2) fiscal years to the Department of Professional Licensing and to the\nInterim Joint Committee on Licensing and Occupations of the Legislative\nResearch  Commission or to the corresponding standing committees of\nthe General Assembly. The report shall contain, at a minimum:\n1. The  number of persons licensed, certified, registered, or otherwise\nregulated by the board or commission at the close of each of the two\n(2) fiscal years;\n2. A  detailed accounting of the revenues, fees collected, board or\ncommission  member  reimbursements or per diems, staff salaries,\ncosts, expenses, and  other financial activities of the board or\ncommission for each of the two (2) fiscal years; and\n3. The board or commission's plan to:\na. Increase the number of persons it licenses, certifies, registers,\nor otherwise regulates to one hundred (100) or more persons;\nb. Merge  with one (1) or more other boards, commissions, or\nother governmental entities, which will result in a merged entity\nthat will license, certify, register, or otherwise regulate one\nhundred (100) or more persons; or\nc. Allow the Department of Professional Licensing to assume\nadministrative duties for the board or commission as described\nin KRS 324B.030.\n(b) If, after implementation of its plan under paragraph (a)3.a. or b. of this\nsubsection, an independent board or commission fails to license, certify,\nregister, or otherwise regulate one hundred (100) or more persons for an\nadditional three (3) consecutive fiscal years, for a total of five (5)\nconsecutive fiscal years, that board or commission shall allow the\nDepartment of Professional Licensing to assume administrative duties for\nthe board or commission as described in KRS 324B.030 within ninety (90)\ndays after the end of the fifth fiscal year.\nEffective Date: April 11, 2017","path":["KRS Chapter 324B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45652","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:20Z","sha256":"47bc52d453c6d43a13325720501cd9b1634dcd0fd3fe87a13b87d79f6ec3ff0f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-324b.030","next":"us-ky/krs-324b.045"},"notice":"GroundRules: Original legal text. Not legal advice."}