KRS 165A.475: Application to operate CDL driver training school -- Investigation by

Department of Kentucky State Police -- Application to act as instructor -- Fees

-- Determination of whether to issue license.

(1) Any person seeking a license to operate, co nduct, maintain, or establish a CDL

driver training school shall apply to the commission on forms prepared and

furnished by the commission. The application shall include the following

information:

(a) The title or name of the school, the names of the owner s of the school, and, if

the owner is to be a corporation, the names and addresses of the officers of the

corporation;

(b) Except for corporations, a statement that the owners of the CDL driver

training school are each twenty -one (21) years of age or over, are residents of

this state, and have been for at least one (1) year next preceding the

application for the CDL driver training school license;

(c) A description of the established place of business together with the hours

during which the CDL driver training school is conducted and a description of

the equipment and facilities used in CDL driver training;

(d) Evidence of liability insurance coverage of the CDL driver training school, the

instructor, and students of the CDL driver training school while ope rating

driver training school equipment. The insurance shall have minimum limits of

not less than twenty-five thousand dollars ($25,000) for bodily injury or death

of one (1) person in any one (1) accident and subject to the limit for any one

(1) person, f ifty thousand dollars ($50,000) for bodily injury or death of two

(2) or more persons in any one (1) accident and ten thousand dollars ($10,000)

for damage to the property of others in any one (1) accident. Evidence of

insurance coverage shall also provide that the insurance coverage shall not be

canceled except after ten (10) days prior notice in writing by the carrier to the

commission. Upon request by an applicant, the commission shall review an

application and provide a letter to the applicant that a pr oposed CDL driver

training school has met all preliminary requirements for approval, except the

provisions of this paragraph. The letter may be used by the applicant to help

secure the liability insurance coverage needed under this paragraph to obtain a

license to operate a school. A letter provided under this paragraph shall not be

construed as approval to perform CDL driver's training or to operate a school.

(2) Each original application for a license to operate a CDL driver training school and

each application for renewal of a license to operate a CDL driver training school

shall be accompanied by the payment of a fee of two hundred dollars ($200) to the

commission and written proof that the applicant has complied with the criminal

history background check required by KRS 165A.465. The application fee charged

under this subsection 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.

(3) The commission shall pay th e Department of Kentucky State Police to inspect and

investigate CDL driver training schools under the requirements of subsection (4) of

this section. The payment shall be an amount not greater than the actual cost of

conducting the inspection and investigation.

(4) Upon receipt of an application for a license to operate a CDL driver training school,

the commission shall request the Department of Kentucky State Police to

investigate the person's program and verify the information contained in the

application. The Department of Kentucky State Police shall contact the applicant

and make an appointment to inspect the school's facilities. At the time of inspection,

the Department of Kentucky State Police shall verify that the school meets the

standards promulgat ed as administrative regulations under KRS Chapter 13A for

license as a CDL driver training school. Upon request, the standards shall be

furnished to the school by the commission prior to the visit. If the standards are met,

the school shall be licensed to offer instruction on how to operate a commercial

motor vehicle including classifications, endorsements, and restrictions as

established in KRS 281A.170.

(5) Any person seeking a license to act as a CDL driver training instructor shall apply to

the commission on forms prepared and furnished by the commission setting forth

that the applicant is twenty-one (21) years of age or older; is a high school graduate

or has the equivalent of a high school education, or has equivalent experience; and

holds a current and valid operator's license.

(6) Each original application for a license as a CDL driver training instructor and each

application for renewal of a license as a CDL driver training instructor shall be

accompanied by the payment of a fee of twenty dollars ($20) to the commission and

written proof that the applicant has complied with the criminal history background

check required by KRS 165A.465. The application fee charged under this

subsection 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.

(7) In making the determination whether to issue a license under this section, the

commission shall consider but shall not be limited to the following:

(a) If the applicant has been convicted of a crime as defined in KRS 335B.010;

(b) The age of the applicant at the time any criminal conviction was entered;

(c) The length of time that has elapsed since the applicant's last criminal

conviction;

(d) The relationship of any crime convicted to the ability of the applicant to

operate a CDL driver training school or to act as a CDL driver training

instructor; and

(e) The provisions of KRS Chapter 335B.