165A.310 Definitions for chapter.
708 words·~3 min read·
/ky/chapter-165a/165a-310A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)"Agent" means any person employed by a proprietary school to act as agent,
solicitor, broker, or independent contractor to procure students for the school
by solicitation of enrollment in any form made at any place other than the main
office or principal place of business of the school;
(2)"CDL" means a commercial driver's license as defined in KRS 281A.010;
(3)"CDL driver training" means a course of study that complies with the provisions
of KRS 332.095 governing the instruction of persons in the operation of
commercial motor vehicles;
(4)"CDL driver training school" means any person, firm, partnership, association,
educational institution, establishment, agency, organization, or corporation,
with the exception of an entry level driver training provider, that offers CDL
driver training to persons desiring to obtain a Kentucky CDL in order to operate
a commercial motor vehicle and for which a fee or tuition is charged;
(5)"Commercial motor vehicle" has the same meaning as in KRS 281A.010;
(6)"Commission" means the Kentucky Commission on Proprietary Education;
(7)"Entry level driver training" means a federally mandated course of instruction
for new CDL applicants as outlined in 49 C.F.R. secs. 380.600 to 380.609;
(8)"Entry level driver training provider" means an entity that is certified by the
Federal Motor Carrier Safety Administration as a training provider under 49
C.F.R. secs. 380.700 to 380.725 that is limited solely to providing entry level
driver training;
(9)"Formal complaint" means a written statement filed on a form specified by the
commission in which the complainant alleges that a school has violated a
Kentucky statute or administrative regulation and has negatively impacted the
complainant, and resolution is requested by the commission;
(10)"License" means authorization issued by the commission to operate or to
contract to operate a proprietary school in Kentucky as described in this
chapter and does not reflect accreditation, supervision, endorsement, or
recommendation by the commission;
(11)"Person" means an individual, corporation, business trust, estate, partnership,
unincorporated association, two
(2)or more of any of the foregoing having a
joint or common interest, or any other legal or commercial entity;
(12)"Proprietary school" or "school" means a privately owned educational
institution, establishment, agency, organization, or person maintained on either
a for-profit or not-for-profit basis, offering or administering a plan, course, or
program of instruction in business, trade, technical, industrial, or related areas
for which a fee or tuition is charged whether conducted in person, by mail, or
by any other method, and does not include:
(a)A school or educational institution supported entirely or partly by taxation
from either a local or state source;
(b)A parochial, denominational, or eleemosynary school or institution;
(c)A training program which offers instruction for payment by participants
primarily in pursuit of a hobby, recreation, or entertainment, and does not
result in the granting of postsecondary credits nor lead to an
industry-recognized credential, academic certificate, or degree;
(d)A course or courses of instruction or study sponsored by an employer for
the training and preparation of its own employees for the benefit of the
employer and without charge to the employee; or
(e)A school or educational institution licensed or approved by or a course or
courses of study or instruction sponsored by the Kentucky Board of
Barbering established by KRS 317.430, the Kentucky Board of
Cosmetology established by KRS 317A.030, the Kentucky Board of
Nursing established by KRS 314.121, the Kentucky Board of Embalmers
and Funeral Directors established by KRS 316.170, or the Kentucky
Council on Postsecondary Education established by KRS 164.011;
(13)"Resident" means any person who has established Kentucky as his or her
state of domicile. Proof of residency shall include but not be limited to a deed
or property tax bill, utility agreement or utility bill, or rental housing agreement;
(14)"School year" is beginning the first day of July and ending the thirtieth day of
June next following, except when approval shall be suspended or canceled
pursuant to KRS 165A.350; and
(15)"Statement of quality assurance" means a statement required by the
commission from a non-degree granting institution, in a form and manner
determined by the commission, that attests to the institution meeting the
minimum standards required for receiving and maintaining a license.