GENERAL GOVERNMENT CABINET
Kentucky Applied Behavior Analysis Licensing Board
(Amendment)
RELATES TO: KRS 319C.060(2)(f), 319C.080(1), (2), (3)
STATUTORY AUTHORITY: KRS 319C.060(2)(f)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 319C.060(2)(f) requires the board to promulgate administrative regulations establishing reasonable fees for the licensure and license renewal of behavior analysts, assistant behavior analysts, and temporary licensees. This administrative regulation establishes those fees.
Section 1. Application and licensure fees for licensed behavior analysts. (1) An applicant for licensure as a licensed behavior analyst shall pay the following:
(a) A $100 nonrefundable application review fee; and
(b) A $300 licensure fee for the first two (2) year licensure period.
(2) The licensure renewal fee for each subsequent, two (2) year licensure period shall be $300.
Section 2. Application and Licensure Fees for Licensed Assistant Behavior Analysts. (1) An applicant for licensure as a licensed assistant behavior analyst shall pay the following:
(a) A $100 nonrefundable application review fee; and
(b) A $200 licensure fee for the first two (2) year licensure period.
(2)The licensure renewal fee for each subsequent, two (2) year licensure period shall be $200.
Section 3. Application and Temporary Licensure Fees. (1) An applicant for a temporary license as a behavior analyst shall pay the following:
(a) A $100 nonrefundable application review fee; and
(b) A $200 temporary licensure fee for the two (2) year temporary licensure period.
(2) An applicant for a temporary license as an assistant behavior analyst shall pay the following:
(a) A $100 nonrefundable application review fee; and
(b) A $100 temporary licensure fee for the two (2) year temporary licensure period.
Section
4. Fees for Late Renewal or Reinstatement of a Licensed Behavior Analyst and
Licensed Assistant Behavior Analyst. (1) A licensed behavior analyst or a
licensed assistant behavior analyst who files to renew his or her license after
its renewal date but within thirty (30) days of that renewal date shall pay a
late fee of fifty (50) dollars[$50] in addition to the fee set
forth in Section 1 or 2 of this administrative regulation.
(2)
A licensed behavior analyst or a licensed assistant behavior analyst who files
to reinstate his or her license more than thirty (30) days after its renewal
date but within three (3) years[one (1) year] of that renewal
date shall pay a reinstatement fee of $250 in addition to the fee set forth in
Section 1 or 2 of this administrative regulation.
SHELLI DESKINS, Chair
APPROVED BY AGENCY: January 29, 2013
FILED WITH LRC: February 12, 2013 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 25, 2013 at 8:00 a.m. (EST) at 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five working days 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 cancelled. This hearing is open to the public. Any person who wishes to be heard 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 be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until April 1, 2013 at close of business. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Lindsey Lane, Board Administrator, Kentucky Applied Behavior Analyst Licensing Board, PO Box 1370, Frankfort, Kentucky 40602, phone (502) 564-3296 ext. 228.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Michael West
(1) Provide a brief summary of
(a) What this administrative regulation does: This regulation establishes fees for the licenses issued by this Board.
(b) The necessity of this administrative regulation: This regulation is necessary to implement the provisions of KRS 319C.060(2)(f).
(c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute gives the board the ability to charge reasonable fees for the processing of the licenses it issues.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will assist the board in administering this program by identifying the fees charges
(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: It allows those seeking to reinstate more time to do so.
(b) The necessity of the amendment to this administrative regulation: To bring the regulation into compliance with the statute.
(c) How the amendment conforms to the content of the authorizing statutes: The authorizing statute allows the Board to charge reasonable fees.
(d) How the amendment will assist in the effective administration of the statutes: This regulation puts the public on notice about those fees.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately fifty (50) individuals are licensed by the Board.
(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: The individuals identified in question (3) will be impacted in that they will have greater notice of the fees charged for various actions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): None.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The individuals identified in question (3) will be benefited in that they will have greater notice of the fees charges for various actions by the Board.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: No new costs will be incurred by the changes.
(b) On a continuing basis: No costs will be incurred by the changes.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operations are funded by fees paid by licensees.
(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 new fees will be required to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The amendment to this administrative regulation does not establish any new fees. Nor does it increase any existing fees.
(9) TIERING: Is tiering applied? Tiering is not applied to this regulation.
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? Kentucky Applied Behavior Analysis Licensing Board.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 319C.060(2)(f).
(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. None
(a) 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. 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? None
(d) How much will it cost to administer this program for subsequent years? None
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: