Section 238.515 - [Effective 7/1/2025] Powers and duties of departmentThe officeshall license and regulate the conduct of charitable gaming in the Commonwealth of Kentucky. In discharging this responsibility, the officeshall have the following powers and duties:
(1) Licensing charitable organizations, charitable gaming facilities, manufacturers, and distributors that desire to engage in charitable gaming;(2) Establishing and enforcing reasonable standards for the conduct of charitable gaming and the operation of charitable gaming facilities;(3) Prescribing reasonable fees for licenses;(4) Establishing standards of accounting, recordkeeping, and reporting to insure charitable gaming receipts are properly accounted for;(5) Establishing a process for reviewing complaints and allegations of wrongdoing, and for investigating complaints with merit. In furtherance of this duty, the office mayissue administrative subpoenas and summonses. The officeshall also establish toll-free telephone service for receiving complaints and inquiries;(6) Taking appropriate disciplinary action, subject to the final order of the board,and making referrals for criminal prosecution of persons who do not operate in compliance with this chapter;(7) Collecting and depositing all fees and fines in the charitable gaming regulatory account and administering the account;(8) Employing necessary staff, securing adequate office space, and executing other administrative and logistical mattersto assure proper functioning of the office; and(9) Proposingadministrative regulationswhich are necessary to carry out the purposes and intent of this chapter. Any administrative regulation proposed by the officethat changes the manner in which a charitable organization conducts charitable gaming or is likely to cause a charitable organization to incur new or additional costs shall be subject to the requirements of KRS 238.522. In proposingadministrative regulations under this subsection, the officeshall submit any proposed regulations to the Kentucky Horse Racing and Gaming Corporation and the advisory councilestablished under KRS 238.520, and shall givethe advisory councilthe opportunity to produce written comments in accordance with KRS 238.522 prior to submitting the proposed administrative regulations to the Kentucky Horse Racing and Gaming Corporation. If the advisory councilchooses to produce written comments, the comments shall be attached to any public submission of the administrative regulation, including any filing under KRS Chapter 13A.Amended by 2024 Ky. Acts ch. TBD,§ 15, eff. 7/1/2025.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 535, effective7/15/2010. -- Amended 2007, Ky. Acts ch. 120, sec. 6, effective 6/26/2007. -- Amended 2000, Ky. Acts ch. 374, sec. 4, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 232, sec. 2, effective 4/1/1998. -- Amended 1996, Ky. Acts ch. 331, sec. 4, effective 4/10/1996. -- Created 1994 Ky. Acts ch. 66, sec. 4, effective 3/16/1994.This section is set out more than once due to postponed, multiple, or conflicting amendments.