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KENTUCKY STATUTES AND CODES

165A.465 Criminal history background check for CDL trainers -- Fingerprinting -- Eligibility based on results -- Fees.

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Page 1 of 1 165A.465 Criminal history background check for CDL trainers -- Fingerprinting -- Eligibility based on results -- Fees. (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 board for review within seventy-two (72) hours. If circumstances
prohibit the results from being sent to the board within seventy-two (72) hours, the
application shall not be processed further until the results are made available to the
board. The board 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 board 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 board 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: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 176, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 280, sec. 3, effective April 9, 2002.

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