Kentucky Statutes 165A.465 – Criminal history background check for CDL trainers — Fingerprinting — Eligibility based on results — Fees
Current as of: 2024 | Check for updates
|
Other versions
(1) All persons initially applying for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall be required to undergo a state and national criminal history background check conducted by the Department of Kentucky State Police. Application forms for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall conspicuously state the following: “STATE LAW REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF APPLYING FOR THIS LICENSE. ANY PERSON WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A LICENSE TO OPERATE A CDL DRIVER TRAINING SCHOOL OR A LICENSE FOR A CDL DRIVER TRAINING INSTRUCTOR.”
(2) All applicants shall be required to submit to being fingerprinted in accordance with administrative regulations promulgated by the Department of Kentucky State Police under KRS Chapter 13A. If the applicant is a corporation, the fingerprints of all officers shall be required.
(3) The results of the state and national criminal history background checks shall be sent to the commission for review within seventy-two (72) hours. If circumstances prohibit the results from being sent to the commission within seventy-two (72) hours, the application shall not be processed further until the results are made available to the commission. The commission shall inform the applicant if, based upon the criminal history background check, the applicant is either eligible or ineligible to be issued a license to operate a CDL driver training school or a license for a CDL driver training instructor. The commission shall promulgate administrative regulations under KRS Chapter 13A specifying the offenses and conditions under which an application shall be denied based upon a criminal history background check.
(4) Any fee charged by the Department of Kentucky State Police to conduct a criminal history background check shall be paid by the applicant and shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter. Any fee charged to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 76, sec. 13, effective July 12, 2012. — Amended
2007 Ky. Acts ch. 85, sec. 176, effective June 26, 2007. — Created 2002 Ky. Acts ch.
280, sec. 3, effective April 9, 2002.
(2) All applicants shall be required to submit to being fingerprinted in accordance with administrative regulations promulgated by the Department of Kentucky State Police under KRS Chapter 13A. If the applicant is a corporation, the fingerprints of all officers shall be required.
Terms Used In Kentucky Statutes 165A.465
- CDL: means a commercial driver's license as defined in KRS §. See Kentucky Statutes 165A.310
- CDL driver training: means a course of study that complies with the provisions of KRS §. See Kentucky Statutes 165A.310
- 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. See Kentucky Statutes 165A.310
- Commission: means the Kentucky Commission on Proprietary Education. See Kentucky Statutes 165A.310
- 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. See Kentucky Statutes 165A.310
- 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. See Kentucky Statutes 165A.310
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The results of the state and national criminal history background checks shall be sent to the commission for review within seventy-two (72) hours. If circumstances prohibit the results from being sent to the commission within seventy-two (72) hours, the application shall not be processed further until the results are made available to the commission. The commission shall inform the applicant if, based upon the criminal history background check, the applicant is either eligible or ineligible to be issued a license to operate a CDL driver training school or a license for a CDL driver training instructor. The commission shall promulgate administrative regulations under KRS Chapter 13A specifying the offenses and conditions under which an application shall be denied based upon a criminal history background check.
(4) Any fee charged by the Department of Kentucky State Police to conduct a criminal history background check shall be paid by the applicant and shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter. Any fee charged to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 76, sec. 13, effective July 12, 2012. — Amended
2007 Ky. Acts ch. 85, sec. 176, effective June 26, 2007. — Created 2002 Ky. Acts ch.
280, sec. 3, effective April 9, 2002.