PUBLIC PROTECTION CABINET

Office of Occupations and Professions

Board of Registration for Professional Geologists

(Amendment)

 

      201 KAR 31:010. Fees.

 

      RELATES TO: KRS 322A.050, 322A.060, 322A.070

      STATUTORY AUTHORITY: KRS 322A.030(5), 322A.050, 322A.060(1), 322A.070(1), (3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 322A.050 requires the board to establish the application and examination fees. KRS 322A.060 requires the board to establish renewal fees. KRS 322A.070(3) requires the board to establish the replacement fee. This administrative regulation establishes[sets forth] the fees charged by the board to apply for registration or certification, sit for the examination, and renew and reinstate a registration.

 

      Section 1. Application Fee. The application fee for registration as a professional geologist or certification as a geologist-in-training shall be non-refundable pursuant to KRS 322A.050 and shall be paid with the filing of the application. (1) The application fee for registration as a professional geologist or certification as a geologist-in-training for each application filed from January 1 to September 30 of each odd numbered year shall be fifty (50) dollars.

      (2) The application fee for registration as a professional geologist or certification as a geologist-in-training for each application filed from October 1 of each odd numbered year to December 31 of each even numbered year shall be $100.

 

      Section 2. Examination Fees. The[following] fees established in subsections (1) and (2) of this section shall be paid with the filing of the registration or certification application in connection with the licensure examinations required by the board.[:] (1) The fee for the Fundamentals of Geology (FG) portion of the examination shall be the prevailing fee charged by the National Association of State Boards of Geology for that test plus a twenty-five (25) dollar processing fee[$175] for each initial and subsequent administration.

      (2) The fee for the Practice of Geology (PG) portion of the examination shall be the prevailing fee charged by the National Association of State Boards of Geology for that test plus a twenty-five (25) dollar processing fee[$225] for each initial and subsequent administration.

 

      Section 3. Biennial Renewal Fees and Penalties. The[following] fees established in subsections (1) through (3) of this section shall be paid in connection with licensure and certification renewals and late renewal penalties.[:] (1) The biennial renewal fee for registration as a professional geologist or certification as a geologist-in-training shall be $100.[;]

      (2) The late biennial renewal fee as a professional geologist or certification as a geologist-in-training, including penalty, for late renewal during the ninety (90) day grace period shall be $150.[; and]

      (3) The reinstatement fee for registration as a professional geologist or certification as a geologist-in-training renewal after the end of the ninety (90) day grace period and before the registration or certification is revoked pursuant to KRS 322A.060(3) shall be $200.

 

      Section 4. Duplicate Registration or Certification Fees. The fee for a duplicate of the original registration or certification certificate shall be ten (10) dollars.

 

LARRY RHODES, Chair

SHAN DUTTA, Counsel

      APPROVED BY AGENCY: June 6, 2017

      FILED WITH LRC: June 6, 2017 at 1 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 25, 2017, at 1:30 p.m., in the office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of day on July 31, 2017. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

      CONTACT PERSON: Tammy K. Sharp, Board Administrator for the Kentucky Board of Licensure for Professional Geologists, P.O. Box 1360, Frankfort, Kentucky 40602, fax 502-696-5230, email tammyk.sharp@ky.gov, phone 502-782-8808.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Tammy K. Sharp

      (1) Provide a brief summary of

      (a) What this administrative regulation does: This administrative regulation amends the examination fee structure to align with the price of the Fundamentals of Geology and Practice of Geology examinations.

      (b) The necessity of this administrative regulation: This regulation is necessary to allow the board to charge the test-taker the same amount it pays for the exam, plus twenty-five dollars for processing, as the exam has increased in price since this regulation was enacted.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity as it relates to the authorizing statute requiring that the board ensure an applicant has received a passing score on an examination required by the board.

      (d) How this administrative regulation will assist in the effective administration of the statutes: This administrative regulation will assist by allowing the board to charge the test taker the amount it costs the board to purchase the Fundamentals of Geology and Practice of Geology examinations.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment changes the set dollar amount for each examination to reflect the amount charged by the test maker.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to allow the board to charge the test taker the amount it costs the board to purchase the exams, plus a processing fee.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 322A.040(1)(c) requires an applicant for registration to obtain a passing score on an examination required by the board. This amendment helps the board further this requirement.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment provides the board with financial stability and ensures the amount charged by the board to a test taker accurately reflects the amount charged by the test maker.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The Kentucky Board of Registration for Professional Geologist had approximately fifty-five (55) applicants sit for exams last year.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: There are no additional actions required.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Each applicant will now be required to pay the prevailing amount charged by the test maker at the time of examination plus twenty-five dollars.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The board will be able to charge the exact amount charged by the test maker when purchasing for administration, plus twenty-five dollars.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: N/A

      (b) On a continuing basis: N/A

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: N/A

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding will be required to implement the changes made by this regulation, but this amendment allows the board to receive twenty-five dollars in addition to the amount required to purchase the exam.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation establishes a twenty-five dollar fee on top of the amount required to purchase the relevant exam.

      (9) TIERING: Is tiering applied? Tiering was not applied as this amendment applies to all applicants.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Registration for Professional Geologists.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 322A.030(5), KRS 322A.050.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

      (c) How much will it cost to administer this program for the first year? N/A

      (d) How much will it cost to administer this program for subsequent years? N/A

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: