302 KAR 16:111. Violations, revocations, and suspensions of business identification number.

 

      RELATES TO: KRS 247.233

      STATUTORY AUTHORITY: KRS 247.233

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.233 requires the department to promulgate administrative regulations establishing a comprehensive list of violations and civil penalties not to exceed $10,000 and the procedure for suspension and revocation of a business identification number. This administrative regulation establishes those requirements.

 

      Section 1. (1) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be accessed a civil penalty of not less than $1,000 and not more than $10,000:

      (a) Operating without a current business identification number;

      (b) Operating without current insurance in the required coverage amount;

      (c) Operating a ride or attraction while it is under a stop operation order;

      (d) Operating a ride or attraction while the operator is not present;

      (e) Using blocking in foot switch breaker;

      (f) Using improper material for electrical fuse;

      (g) Moving equipment after a reportable incident or tampering with evidence;

      (h) Operating a ride or attraction too close to high voltage;

      (i) Positioning a ride or attraction underneath utility lines;

      (j) Operating a ride or attraction while the operator is impaired;

      (k) Grounding the generator incorrectly;

      (l) Failing to maintain the ride or attraction in good mechanical condition;

      (m) Failing to repair ride or attraction according to manufacturer specifications or recommendations;

      (n) Failing to properly shield power units; and

      (o) Failing to use appropriate replacement parts.

      (2) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $5,000:

      (a) Failing to follow safety guidelines and manufacturer specifications;

      (b) Failing to notify the department of an incident requiring a report within twelve (12) hours;

      (c) Failing to submit a required incident report;

      (d) Admitting an intoxicated patron on an amusement ride or attraction;

      (e) Admitting a patron with inappropriate footwear; and

      (f) Failing to completely fill out incident report form.

      (3) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $1,000:

      (a) Failing to have operational manuals on site;

      (b) Failing to have maintenance manuals on site;

      (c) Failing to have maintenance records on site;

      (d) Fueling ride or attraction in an undesignated area;

      (e) Exceeding manufacturer’s speed of ride or attraction;

      (f) Failing to properly secure the ride or attraction;

      (g) Failing to have electrical disconnect within six (6) feet of operator;

      (h) Operating a ride or attraction by a operator under eighteen (18) years of age;

      (i) Failing to use correct START/STOP switch;

      (j) Operating the ride or attraction in inclement weather;

      (k) Failing to comply with proper operating procedures noted during inspection;

      (l) Failing to properly anchor inflatable device;

      (m) Failing to perform or document pre-operation inspections;

      (n) Operating without an itinerary; and

      (o) Operating without the required number of operators as required by manufacturer.

      (4) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $500:

      (a) Failing to have Ground Fault Circuit Interrupter (GFCI) protection if required;

      (b) Failing to properly place fencing barrier;

      (c) Failing to have fire extinguishers in correct locations;

      (d) Failing to have first aid kit on location; and

      (e) Failing to have inspection sticker in appropriate location.

      (5) Failure to have ride or attraction signage or use of incorrect signage shall be a violation of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $200.

 

      Section 2. (1) Persons who commit the same violation within thirty (30) days of being cited for the first violation shall be assessed up to double the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

      (2) Persons who commit a third same violation within sixty (60) days of being cited for the first violation shall be assessed up to triple the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

      (3) This section shall not prohibit the commissioner from suspending or revoking a license, permit, registration, or certification at any time pursuant to KRS 247.233.

 

      Section 3. Business Identification Number Suspension or Revocation. (1) The business owner shall have ten (10) days upon the receipt of the notification of a proposed suspension, revocation, or modification of a business identification number to request a hearing. The hearing shall be conducted in accordance with KRS Chapter 13B.

      (2) If a hearing is not requested as provided for in subsection (1) of this section, the department may suspend, revoke, or modify the business identification number once the ten (10) day hearing request filing period has passed.

      (3) The department may suspend a business identification number and place stop operation orders on all rides or attractions belonging to the owner for a period of time which shall not exceed seven (7) days, pending inquiry. After opportunity for a hearing, the department may deny, suspend, revoke, or modify the provision of any business identification number issued under KRS 247.234 if it finds that the owner or his employee has committed any of the following acts, each of which is declared to be a violation of KRS 247.232 through 247.236:

      (a) Making a false or fraudulent statement to inspectors;

      (b) Knowingly violating any provision of KRS 247.232 through 247.236 or 302 KAR Chapter 16; or

      (c) Failing to pay an administrative penalty or fee assessed by this chapter.

      (4) Any owner whose business identification number is revoked under the provisions of this section shall not be eligible to apply for a new license until the time has elapsed from the date of the order revoking the business identification number as established by the department, not to exceed two (2) years, or if an appeal is taken from the order or revocation, not to exceed two (2) years from the date of the order or final judgment sustaining the revocation. (35 Ky.R. 2180; 2429; eff. 6-5-2009.)