Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
165A.330(1),
165A.370,
165A.450,
165A.465,
165A.470,
165A.475,
165A.480(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
165A.340(6) and
165A.400 authorize the Kentucky
Commission on Proprietary Education to promulgate administrative regulations to
administer the provisions of KRS Chapter 165A.
KRS
165A.465,
165A.475, and
165A.510 require the commission
to promulgate administrative regulations establishing standards and an
application procedure for commercial driver license training schools. This
administrative regulation establishes the application procedures for commercial
driver license training schools.
Section
1. Application for Kentucky Resident Commercial Driver License
Training School.
(1) Prior to establishment
of a commercial driver license training school residing in Kentucky, the school
owner shall:
(a) Complete and submit to the
commission Form PE 30, Application for Resident Commercial Driver License
Training School, with supporting documentation as listed on the form;
(b) Pay the nonrefundable application fee of
$200 established in KRS
165A.475(2);
(c) Pay the nonrefundable license fee for a
commercial driver license training school residing in and doing business in
Kentucky of $500;
(d) Pay the
nonrefundable contribution to the Student Protection Fund of $500;
and
(e) Meet the requirements of
Section 4 of this administrative regulation.
(2) All fees shall be submitted by certified
check or money order payable to the "Kentucky State Treasurer".
Section 2. Application for
Non-resident Commercial Driver License Training School.
(1) Prior to establishment of a commercial
driver license training school not residing in Kentucky but recruiting,
advertising, or otherwise doing business in Kentucky, the school's owner shall:
(a) Complete and submit to the commission
Form PE 31, Application for Non-Resident Commercial Driver License Training
School with supporting documentation as listed on the form;
(b) Pay the nonrefundable application fee of
$200 established in KRS
165A.475(2);
(c) Pay the nonrefundable license fee for a
commercial driver license training school not residing in and doing business in
Kentucky of $1,250;
(d) Pay the
nonrefundable contribution to the Student Protection Fund of $1,250;
and
(e) Meet the requirements of
Section 4 of this administrative regulation.
(2) All fees shall be submitted by certified
check or money order payable to the "Kentucky State Treasurer".
Section 3. Annual Renewal License
Fee for Commercial Driver License Training Schools.
(1)
(a)
Except as provided in paragraph (b) of this subsection, the annual renewal
license fee for a school residing in and doing business in Kentucky shall be
$500.
(b) If the school's gross
revenue exceeds $50,000, the annual renewal license fee for a commercial driver
license training school residing in and doing business in Kentucky shall be
$500 plus twenty-five (25) dollars for each additional $10,000 of gross revenue
in excess of $50,000, not to exceed $3,000.
(2)
(a)
Except as provided in paragraph (b) of this subsection, the annual renewal
license fee for a commercial driver license training school not residing in
Kentucky, but doing business in Kentucky, shall be $1,250.
(b) If the school's gross revenue exceeds
$50,000, the annual license fee for a school not residing in Kentucky, but
doing business in Kentucky, shall be $1,250 plus twenty-five (25) dollars for
each additional $10,000 of gross revenue earned from Kentucky resident students
in excess of $50,000, not to exceed $3,000.
Section 4.
(1) Evidence of Liability Insurance Coverage.
Each application to operate a commercial driver license training school shall
be accompanied by verification of liability insurance coverage for the
commercial driver license training school from a Kentucky-licensed insurance
carrier, as mandated by
KRS
165A.475(1)(d).
(2) Verification of liability insurance
coverage from the school's insurance carrier shall include on the policy
complete listing of all equipment, serial numbers, vehicle identification
numbers covered by the liability insurance with subsequent liability insurance
coverage changes filed with the commission in writing within thirty (30) days
of the subsequent change.
Section
5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form PE 30, "Application for
Resident Commercial Driver License Training School", as provided in EDvera
software version 2.1, edition May 2022; and
(b) Form PE 31, "Application for Non-Resident
Commercial Driver License Training School", as provided in EDvera software
version 2.1, edition May 2022.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Commission on
Proprietary Education, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the commission's Web site at
www.kcpe.ky.gov.
STATUTORY AUTHORITY:
KRS
165A.340(6),
165A.400,
165A.465(3),
165A.475,
165A.510