Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the
secretary of the Justice and Public Safety Cabinet to promulgate administrative
regulations for the administration of all laws and functions which are vested
in the cabinet, except for laws and functions vested in the Department for
Public Advocacy. KRS 332.216 requires the Department of Kentucky State Police
to promulgate administrative regulations necessary to carry out the provisions
of KRS Chapter 332. This administrative regulation establishes the department's
policy regarding suspensions, revocations, or denials of licenses for driver
training schools and driver training instructors.
Section 1. In addition to the provisions of
KRS 332.216, and in accordance with KRS 332.210, the commissioner of the
department shall upon receipt of satisfactory evidence, suspend, revoke, refuse
to issue, or refuse to renew the license of a driver training school or a
driver training instructor if:
(1) The
licensee fails or refuses to comply with the provisions of KRS Chapter 332 or
502 KAR Chapter 10.
(2) The
licensee has made a false material statement or has concealed a material fact
in connection with his or her application.
(3) The licensee or any officer, director,
partner, or other person directly interested in the driver training school held
a license issued under KRS Chapter 332 that was revoked or suspended and not
reinstated.
(4) The licensee has
been guilty of a fraudulent practice in attempting to obtain for himself,
herself, or another a license to operate a motor vehicle.
(5) Written notice of the cancellation of
insurance required by KRS 332.204 is received by the commissioner, and the
licensee does not present satisfactory evidence of insurance to the
commissioner prior to the effective date of the cancellation.
(6) The licensee has failed to maintain
adequate standards of instructions or safe and necessary equipment that is
needed to give proper driver training instruction.
(7) The licensee is employing instructors or
agents who have not been licensed by the department.
(8) The licensee has been convicted of a
felony, or any crime involving violence, dishonesty, deceit, indecency, immoral
conduct, or sexual abuse.
(9) The
licensee or any officer, director, partner, person directly interested in the
driver training school, or any instructor licensed under the name of the school
has in their possession a copy of the department's driver licensing examination
questions or their equivalent, or attempts to obtain a copy of these test
questions for the purpose of making them available to their students or any
other person.
(10) The licensee has
failed to provide or maintain premises, equipment, or conditions which are
adequate, safe, and sanitary in accordance with 502 KAR Chapter 10.
(11) The licensee or any officer, director,
partner, instructor, agent, or other person actively involved in the driver
training school is addicted to the use of alcohol, morphine, cocaine, or other
mood-altering drug.
(12) The
licensee or any officer, director, partner, instructor, agent, or other person
actively involved in the driver training school has been legally adjudged
mentally incompetent.
Section
2. The license of a driver training instructor shall be revoked if
the instructor is convicted of:
(1) Driving a
motor vehicle while under the influence;
(2) Leaving the scene of an
accident;
(3) Reckless
homicide;
(4) Two (2) moving
hazardous violations within a two (2) year period; or
(5) Driving when addicted to, or under the
influence of, narcotic drugs.
