Kentucky Administrative Regulations
Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION
Chapter 9 - Motor Vehicle Tax
Section 601 KAR 9:085 - Procedures for becoming a certified motor vehicle inspector
Universal Citation: 601 KY Admin Regs Service 9:085
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 186A.115, 516, 523
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.115(1)(a) requires the department to promulgate an administrative regulation establishing the certification requirements for a certified motor vehicle inspector. This administrative regulation establishes the requirements necessary to become a certified motor vehicle inspector and the process required for a motor vehicle inspector to be recertified.
Section 1. Requirements.
(1) The sheriff of the county
for which the individual is to be certified shall submit the information
established in paragraphs (a) through (g) of this subsection to the
commissioner of the Department of Vehicle Regulation:
(a) Name of sheriff;
(b) Designation of sheriff or sheriff
elect;
(c) County in which sheriff
was elected;
(d) Sheriff's Social
Security number;
(e) Sheriff's
signature;
(f) Date the document
was executed by the sheriff; and
(g) The proposed inspector's:
1. Name;
2. Business mailing address;
3. County of residence;
4. Business and residence telephone
numbers;
5. Current designation as
certified inspector including inspector number and county, if
applicable;
6. Prior inspector
training and date, if applicable; and
7. Certification that he or she has attended
the training to become a certified motor vehicle inspector.
(2) If a sheriff has
vacated his or her office and a certified motor vehicle inspector is not
available in the county, the commissioner of the Department of Vehicle
Regulation shall designate a temporary certified inspector until a new sheriff
takes office.
(3) An applicant for
certification as a motor vehicle inspector shall:
(a) Be eighteen (18) years of age or
older;
(b) Be a resident of the
Commonwealth of Kentucky;
(c) Not
have a felony criminal record or pending felony charge; and
(d) Not have a misdemeanor conviction or
pending charge related to KRS Chapter 516 or 523.
(4) A licensed motor vehicle dealer or an
employee in his or her dealership shall not be eligible to become a certified
motor vehicle inspector.
(5) An
applicant shall attend a training program conducted by the Department of
Vehicle Regulation in conjunction with the Kentucky State Police.
(6) An applicant who attends the training
program shall receive a certificate from the commissioner of the Department of
Vehicle Regulation certifying the applicant as a motor vehicle
inspector.
(7) A certificate shall
be valid for four (4) years.
(8)
Six (6) months prior to the expiration of the four (4) year certificate, an
inspector may be recertified. Recertification shall require attending a
training program pursuant to subsection five (5) of this section.
Section 2. Revocation.
(1) If a notification of withdrawal of
designation is received by the Department of Vehicle Regulation from the county
sheriff, the commissioner shall revoke the individual's
certification.
(2) A certified
motor vehicle inspector whose certification has been suspended or revoked shall
not be eligible to inspect a motor vehicle.
(3) The commissioner of the Department of
Vehicle Regulation shall revoke or suspend the certification of a certified
inspector if the inspector:
(a) Is convicted
of a felony or has a pending felony charge;
(b) Is convicted of a misdemeanor or has a
pending misdemeanor charge relating to perjury or forgery as established in
Section 1(3) of this administrative regulation; or
(c) Fails to satisfactorily complete the
training required in Section 1(5) of this administrative regulation.
Section 3. Appeal.
(1) At least thirty (30) days prior to
revoking or suspending a certificate, the department shall notify the certified
inspector in writing of the action the department proposes to take and the
reasons.
(2) A certified inspector
may appeal the action. Appeal shall be within forty-five (45) days.
(3) The notice of appeal shall be in writing
to the Commissioner of Vehicle Regulation and shall state the basis for the
appeal.
(4) An appeal shall be
conducted in accordance with KRS Chapter 13B.
STATUTORY AUTHORITY: KRS 186A.115(1)(a)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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