15.276 Demonstration of offering -- Action in accordance with licenses in other
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/ky/15-276A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
jurisdictions -- Immunity from actions and charges during demonstration
period -- Criminal liability -- Termination of participation -- Liability for
business losses and expenses.
(1)Once an application is approved by the regulatory relief office, the sandbox
participant has twelve
(12)months after the day on which the application was
approved to demonstrate the offering described in the sandbox participant's
application.
(2)An offering that is demonstrated within the regulatory sandbox shall be subject to
the following:
(a)Each consumer shall be a resident of the state; and
(b)No administrative regulation shall be suspended to preclude any person from
recovering civil liability damages or workers' compensation damages from the
sandbox participant in the event that person is harmed as a result of the
sandbox participant's product, conduct, or both.
(3)This section shall not restrict a sandbox participant who holds a license or other
authorization in another jurisdiction from acting in accordance with that license or
other authorization.
(4)A sandbox participant is deemed to possess an appropriate license or other
authorization under the laws of the state for the purposes of any provision of federal
law requiring licensure or other authorization by the state.
(5)Subject to subsection
(6)of this section:
(a)During the demonstration period, a sandbox participant shall not be subject to
the enforcement of administrative regulations identified in the written
agreement between the regulatory relief office and the sandbox pursuant to
KRS 15.272(6);
(b)A prosecutor shall not file or pursue charges pertaining to an administrative
regulation identified in the written agreement between the regulatory relief
office and the sandbox participant described in KRS 15.272(6) that occurs
during the demonstration period; and
(c)A state agency shall not file or pursue any punitive action against a sandbox
participant, including a fine or license suspension or revocation, for the
violation of an administrative regulation that:
1. Is identified as being waived or suspended in the written agreement
between the regulatory relief office and the sandbox participant
described in KRS 15.272(6); and
2. Occurs during the demonstration period.
(6)Notwithstanding any other provision of KRS 15.262 to 15.278, a sandbox
participant shall not have immunity related to any criminal offense committed
during the sandbox participant's participation in the regulatory sandbox.
(7)By written notice, the regulatory relief office may end a sandbox participant's
participation in the regulatory sandbox at any time and for any reason, including if
the director determines that a sandbox participant is not operating in good faith to
bring an innovative offering to market.
(8)The regulatory relief office and the employees of the regulatory relief office shall
not be liable for any business losses or the recouping of application expenses or
other expenses related to the regulatory sandbox, including for:
(a)Denying an applicant's application to participate in the regulatory sandbox for
any reason; or
(b)Ending a sandbox participant's participation in the regulatory sandbox at any
time and for any reason.