(1) The cabinet may enter into an agreement with one (1) or more independent contractors, subject to public bidding, to provide for the construction, equipment, establishment, maintenance, and operation of official vehicle emission inspection stations in the numbers and locations required to provide vehicle owners reasonably convenient access to inspection facilities.
(2) The cabinet shall be prohibited from entering into an agreement with any independent contractor who is engaged in the business of manufacturing, selling, maintaining or repairing vehicles and vehicle replacement or repair parts in the Commonwealth, except that the independent contractor shall not be precluded from maintaining or repairing any vehicle owned or operated by the independent contractor.

Terms Used In Kentucky Statutes 224.20-740

  • Air pollution: means the presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as is or threatens to be injurious to human, plant, or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. See Kentucky Statutes 224.1-010
  • Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
  • Contract: A legal written agreement that becomes binding when signed.

(3) The agreement authorized by this section shall contain provisions relating to the following:
(a) That the Commonwealth shall not be required to purchase any asset or assume any liability if the agreement is not renewed;
(b) That the contractor is authorized to collect the inspection fee for a test in the amount fixed by the cabinet;
(c) That the Commonwealth shall be reimbursed by the contractor for not less than ten percent (10%) of the inspection fee, except for programs operated by air pollution control districts;
(d) That reports and documentation shall be submitted to the cabinet if required concerning the operation of the official vehicle emission inspection stations; and
(e) That the cabinet has discretion to investigate the operation of the official vehicle emission inspection stations as the conditions and circumstances of the operation may indicate, and that the cabinet may revoke the contract if it finds that the stations are not operated in accordance with KRS § 224.20-710 to
224.20-765 or that the contractor has failed or refused to submit records or documentation required by KRS § 224.20-710 to KRS § 224.20-765.
(4) The agreement may contain any provisions deemed necessary by the cabinet for the administration or enforcement of KRS § 224.20-710 to KRS § 224.20-765.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 467, sec. 7, effective July 13, 1990.
Formerly codified as KRS § 224.474.