201 KAR 40:025. Fees.

 

      RELATES TO: KRS 165A.350(3), 165A.360(1), (2), (9)

      STATUTORY AUTHORITY: KRS 165A.340(3),165A.400

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(3) authorizes the board to promulgate administrative regulations to administer the provisions of KRS Chapter 165A, including establishment of fees and other charges. This administrative regulation establishes the fees for applications for initial licensure and renewal of licensure for resident and non resident schools, issuance of initial permits and renewals for agents of proprietary schools, award of associate degree, change of the name of a proprietary school, change of location of a proprietary school, addition of a new certificate or diploma program, revision of an existing program, transfer of ownership, transcript requests from a closed proprietary school, and contributions to the student protection fund.

 

      Section 1. Definitions. (1) "Net tuition income" means the total amount of tuition earned by the resident school less any tuition refunds to the students during the immediate past calendar year, January 1 through December 31.

      (2) "Transfer of ownership" means any change or transfer in ownership whether or not the change results in a change in control.

 

      Section 2. Initial Licensure Fee and Student Protection Fund Contribution for Schools. (1) The fee for initial licensure as a school residing in and doing business in Kentucky shall be $300 and shall accompany Form PE-15, Application for Resident School.

      (2) The one-time contribution to the student protection fund for a school residing in and doing business in Kentucky shall be $300, to be paid and shall accompany Form PE-15, Application for Resident School.

      (3) The fee for initial licensure as a school not residing in Kentucky, but doing business in Kentucky, shall be $900, and shall accompany Form PE-16, Application for Non-Resident School.

      (4) The one time contribution to the student protection fund for a school not residing in Kentucky, but doing business in Kentucky, shall be $900, to be paid and shall accompany Form PE-16, Application for Non-Resident School.

      (5) The initial licensure fee and student protection fund contribution shall not be prorated or refundable.

 

      Section 3. Annual Renewal License Fee for Schools. (1) The annual renewal license fee for a school residing in and doing business in Kentucky shall be $300 for schools whose net tuition income does not exceed $50,000, plus fifteen (15) dollars for each additional $10,000 of net tuition income in excess of $50,000, not to exceed $2,000. The annual renewal license fee shall accompany Form PE-17, Application for License Renewal Resident School.

      (2)(a) The annual renewal license fee for a school not residing in Kentucky, but doing business in Kentucky, shall be $900.

      (b)The annual renewal fee shall accompany Form PE-18, Application for License Renewal Non-Resident School.

      (3) The annual renewal license fees for both resident and nonresident schools shall not be prorated or refundable.

 

      Section 4. Annual Permit Fees for Agents. (1) The annual permit fee for each agent working for a school licensed by the board shall be $150 and shall accompany either Form PE-19, Application for Permit to Act as an Agent, or Form PE-20, Application for Renewal of Permit to Act as an Agent, whichever is applicable.

      (2) The annual permit fee and the annual permit renewal fee for agents shall not be prorated or refundable.

 

      Section 5. Transfer of Ownership of a School. (1) The fee for recording a transfer of ownership of a school licensed by the board in accordance with 201 KAR 40:160 shall be $500, and shall accompany Form PE-21, Application to Transfer Ownership of a School.

      (2) The fee for recording a transfer of ownership shall not be prorated or refundable.

 

      Section 6. Change of Name of a School. (1) The fee for approval of a change of name of a school shall be $100, and shall accompany Form PE-22, Application to Change the Name of a School.

      (2) The fee for approval of a change of name of a school shall not be prorated or refundable.

 

      Section 7. Change of location of a school. (1) The fee for approval of a change of location of a school shall be $500, and shall accompany Form PE-23, Application to Change the Location of a School.

      (2) The fee for approval of a change of location of a school shall not be prorated or refundable.

 

      Section 8. Application to Award an Associate Degree. (1)(a) The fee for an application to award an associate degree in accordance with 201 KAR 40:020 shall be $500 per degree, and shall accompany Form PE-10, Application to Award an Associate Degree, referenced by 201 KAR 40:020.

      (b) If a school simultaneously submits multiple applications for approval of associate degrees, the fee shall not exceed $1,000 per school.

      (2) The fee for application to award an associate degree shall not be prorated or refundable.

 

      Section 9. New Program. (1) The fee for approval of a new certificate or diploma program shall be $150, and shall accompany Form PE-14, Application for a New Program.

      (2) The fee for approval of a new certificate or diploma program shall not be prorated or refundable.

 

      Section 10. Program Revisions; Certificate, Diploma, and Degree. (1) The fee for approval to revise twenty-five percent (25) or more of any existing program, as established in 201 KAR 4:020, Section 5(2) shall be $150, and shall accompany Form PE-13, Application to Revise an Existing Program for 25% or More.

      (2) The fee for approval to revise an existing program shall not be prorated or refundable.

 

      Section 11. Maximum Fee. A school with multiple locations simultaneously filing applications for Board approval for more than one transfer of ownership, change of name, change of location, addition of a new program, revision of an existing program or associate degree, shall not pay more than $1,000.

 

      Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for a New Program", Form PE-14, 2007 edition;

      (b) "Application for Resident School" Form PE-15 2007 edition;

      (c) "Application for Non-Resident School", Form PE-16, 2007 edition;

      (d) "Application for License Renewal Resident School", Form PE–17, 2007 edition;

      (e) "Application for License Renewal Non-Resident School", Form PE-18, 2007 edition;

      (f) "Application for Permit to Act as an Agent", Form PE-19, 2007 edition;

      (g) "Application for Renewal of Permit to Act as an Agent", Form PE-20, 2007 edition;

      (h) "Application to Transfer Ownership of a School", Form PE-2, 2007 edition;

      (i) "Application to Change the Name of a School", Form PE-22, 2007 edition; and

      (j) "Application to Change the Location of a School", Form PE-23, 2007 edition.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Board for Proprietary Education, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (34 Ky.R. 1301; Am. 1713; eff. 2-1-2008.)