301 KAR 5:030. Purchasing licenses and obtaining replacement licenses.

 

      RELATES TO: KRS 150.090, 150.170, 150.175, 150.195, 150.235, 150.990

      STATUTORY AUTHORITY: KRS 150.170, 150.175, 150.195

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195(1) authorizes the department to promulgate administrative regulations pertaining to the issuance of licenses. KRS 150.175 authorizes the department to require proof of residency and age or disability for those eligible to purchase a senior/disabled combination license. This administrative regulation specifies the information required to purchase a POS license, the information required on the license, how replacement licenses may be obtained, and how to obtain a disability authorization card.

 

      Section 1. Information Required to Purchase a POS License. A person buying a POS license shall furnish the license agent the following information:

      (1) The license applicant’s date of birth; and

      (2) An identification number, which shall be:

      (a) The license applicant’s:

      1. Social Security number; or

      2. Fish and Wildlife Identification number; or

      (b) If buying a senior/disabled license:

      1. If age sixty-five (65) or over, proof of age and Kentucky residency; or

      2. If under age sixty-five (65), an unexpired disability authorization card issued by the department and proof of Kentucky residency.

 

      Section 2. Providing Information on Licenses. (1) Before performing an act authorized by the license, the license holder shall:

      (a) Sign the POS license; and

      (b) Provide the following information, legibly in ink or indelible pencil, in the blanks provided on the POS license:

      1. Address, including city, state and zip code;

      2. Eye color;

      3. Hair color;

      4. Sex;

      5. Height; and

      6. Weight.

      (2) A license not completed as specified in this section shall not be valid.

      (3) A senior/disabled combination license shall not be valid unless accompanied by:

      (a) Proof of age and Kentucky residency, if the license recipient is age sixty-five (65) or over; or

      (b) An unexpired disability authorization card issued to the license recipient, if the license recipient is under age sixty-five (65) and proof of Kentucky residency.

 

      Section 3. Replacement of Lost or Destroyed Licenses. (1) A person whose license is lost or destroyed may:

      (a) Request a replacement license from the department; or

      (b) Purchase a replacement license and request a refund from the department.

      (2) A person requesting a replacement license or refund shall provide the department with:

      (a) His name and complete mailing address;

      (b) The identification number used to purchase the original license; and

      (c) One (1) of the following:

      1. A replacement fee of five (5) dollars; or

      2. The license number of the license he bought to replace the lost or destroyed license.

      (3) If the department can verify the purchase of the original license, it shall:

      (a) Void the original license; and

      (b) Issue a:

      1. Replacement license; or

      2. Refund check for the amount of the license, less a five (5) dollar replacement fee.

      (4) A person shall not use, or present to a conservation officer or other peace officer, a license voided by the issuance of a replacement.

      (5) The department shall not refund a license replacement fee.

 

      Section 4. Duplicate License Refunds. A person may obtain refunds for a duplicate POS license:

      (1) From the license agent who completed the transaction, if:

      (a) The request is made on the same day the license was issued; and

      (b) The original license is surrendered to the license agent; or

      (2) By furnishing the department with:

      (a) The duplicate license;

      (b) The name and mailing address of the person requesting the refund;

      (c) The license number of the original license; and

      (d) An explanation of the reason for the refund request.

      (3) Upon receipt of the refund request and duplicate license, and subsequent verification of the original purchase, the department shall issue a refund check for the amount of the license less a fee of five (5) dollars.

 

      Section 5. Buying Licenses for Another. A person purchasing a POS license for another person shall provide the license agent with the information about the person for whom the license is being purchased as required in Section 1 of this administrative regulation. A person other than a parent or guardian may not purchase a junior hunting license for another person.

 

      Section 6. Obtaining a Disability Authorization Card. (1) To verify that he qualifies for a senior/disabled combination license because of a disability as specified in KRS 150.175, a person shall provide the department proof of Kentucky residency and one (1) of the following:

      (a) A "TPQY long" form from his local federal Social Security office certifying that he is receiving disability benefits from Social Security;

      (b) A copy of his disability rating showing at least a fifty (50) percent military service-connected disability;

      (c) A letter of verification from the United States Railroad Retirement Board certifying that the applicant has been declared totally and permanently disabled;

      (d) A letter, on that state board's letterhead, certifying that the applicant has been declared totally and permanently disabled by another state's workers' compensation board;

      (e) A letter of verification from the Kentucky Teachers' Retirement System certifying that the applicant has been declared totally and permanently disabled from teaching; or

      (f) A letter of verification from the U.S. Office of Personnel Management certifying that the applicant has been declared totally and permanently disabled.

      (2) A person declared totally and permanently disabled by the Kentucky State Workers' Compensation Board shall:

      (a) Obtain a Disability Workers Compensation Exemption form from the department; and

      (b) Complete the form and mail it to the address given on the form.

      (3) Upon receipt of the verification required by subsection (1) of this section or upon receipt of verification from the state Worker's Compensation Board, the department shall issue a card certifying the person is eligible to purchase a senior/disabled combination license.

 

      Section 7. (1) Duration of Disability Exemption. Certification by the Social Security Administration, Kentucky Teachers' Retirement System, or a state worker's compensation board shall remain valid for three (3) years after issue of the disability authorization card.

      (2) Certification by the United States Railroad Retirement Board, U.S. Office of Personnel Management, or certification of at least fifty (50) percent military service-connected disability shall remain valid until the license holder turns sixty-five (65) years of age or no longer requires the disability exemption.

 

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Disability Authorization Card", March 2001; and

      (b) "Disability Authorization Card Instructions", March 2001.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, Division of Fiscal Control, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 1750; Am. 2001; eff. 5-16-96; 25 Ky.R. 602; 1036; eff. 11-18-98; 26 Ky.R. 2303; 27 Ky.R. 492; eff. 8-14-2000; 3345; eff. 8-15-01; 30 Ky.R. 2347; eff. 7-14-04; 33 Ky.R. 1894; eff. 4-6-07; 4224; eff. 8-31-07.)