{"data":{"id":"us-ky/krs-186.059","jurisdiction":"us-ky","citation":"KRS 186.059","heading":"Operation of overweight commercial vehicle -- Ineligibility for exemption -","body":"- Department hearing -- Appeal.\n(1) Operation of a commercial vehicle at a gross weight in excess of the declared gross\nweight at which such vehicle is registered under subsect ion (8), (9), or (10) of KRS\n186.050, shall make any owner or operator, otherwise entitled to a reduced fee set\nout in those subsections ineligible for same for the entire license year.\n(2) The department, upon receipt of information substantiated by affid avit, that any\nowner or operator is operating a motor vehicle in excess of the gross weight at\nwhich it is registered under subsection (8), (9), or (10) of KRS 186.050, may issue\nnotice to the owner or operator advising that he is ineligible for the reduce d fee or,\nthat the privilege is revoked for the current license year. Within thirty (30) days of\nthe date of the issuance of the notice, any affected owner or operator may request a\nhearing to be conducted in accordance with the provisions of KRS Chapter 1 3B.\nFailure to request a hearing within thirty (30) days of the date of the issuance of the\nnotice shall make the ruling absolute, and the owner or operator shall be liable for\nthe payment of the fees applicable under KRS 186.050(3) for the entire license year.\n(3) If a hearing is requested in accordance with the provisions of subsection (2) of this\nsection, the owner or operator shall not be entitled to the reduced fee during the\ninterim between the application for hearing and the department's final order,  unless\nhe shall file with the department a bond in the amount of five hundred dollars\n($500) per vehicle to be applied to the payment of any taxes which the department,\nas a result of the hearing, may determine are due the Commonwealth.\n(4) The question f or determination at any hearing held at the request of an owner or\noperator receiving a notice from the department shall be whether or not the owner\nor operator has operated a commercial vehicle in excess of the declared gross\nweight at which it is registe red under subsection (8), (9), or (10) or KRS 186.050.\nThe burden of proof shall be upon the department to show such unlawful operation.\nAny final order of the department shall be subject to appeal to the Franklin Circuit\nCourt in accordance with KRS Chapt er 13B, and any bond posted with the\ndepartment shall be held pending the judgment of the highest court to which the\nmatter is appealed.","path":["KRS Chapter 186"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5943","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:36Z","sha256":"59bbcb3782a2e688c23243721489766ea4137ddb82fe54d384e12eb488a8a169","source_id":"us-ky","stale":false,"prev":"us-ky/krs-186.058","next":"us-ky/krs-186.060"},"notice":"GroundRules: Original legal text. Not legal advice."}