301 KAR 5:010. License agent selection criteria.


      RELATES TO: KRS 150.195


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 authorizes the department to provide for the control of the design, issuance, distribution, and other matters relating to licenses and permits issued by the department. This administrative regulation establishes the application procedures for becoming a POS license agent.


      Section 1. Application of Administrative Regulation. This administrative regulation applies to license agents other than those who sell licenses via the Internet and telephone per 301 KAR 5:050.


      Section 2. License Agent Applications and Agreements. (1) Before receiving authorization to serve as license agents, businesses or governmental agencies shall:

      (a) Complete and submit a license agent application form;

      (b) Enter into a formal contract with the department by agreeing to the provisions of, and signing, the appropriate agent agreement;

      (c) Pay a security deposit as required in the agent agreement; and

      (d) Sign an electronic fund transfer authorization form which authorizes the department to make electronic fund transfers from a bank account into which the agent shall deposit the proceeds from transactions.

      1. Agents with multiple business locations wishing to consolidate payments shall make suitable arrangements with the department.

      2. State agencies serving as license agents shall remit payment through the state accounting system.

      (2) The department shall appoint as agents businesses that have:

      (a) A valid federal identification number; and

      (b) Except for out-of-state agents, a Kentucky sales tax number.


      Section 2. Out-of-state Agents. The department may grant license agent status to business locations outside Kentucky if the out-of-state agent:

      (1) Was the agent of a county clerk; and

      (2) Posts a surety bond as stipulated in the out-of-state agent agreement.


      Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) License Agent Application Form, 1995;

      (b) Electronic Fund Transfer Authorization Form, 1995;

      (c) Agent Agreement, 1995;

      (d) Governmental Agent Agreement, 1995; and

      (e) Out-of-state Agent Agreement, 1995.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Fiscal Control, Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 1177; Am. 1457; eff. 2-12-96; 26 Ky.R. 2024; 27 Ky.R. 79; eff. 7-17-2000; 30 Ky.R. 2343; eff. 7-14-04.)