KRS 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 instruct or 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 c ommission 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 instructo r. 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 K entucky 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.