Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
165A.330(1),
165A.370,
165A.460-165A.515, 49 C.F.R.
Part 383
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.485 requires that the Kentucky
Commission on Proprietary Education establish application forms for license
renewal of commercial driver license training schools. This administrative
regulation establishes the renewal procedures for commercial driver license
training schools.
Section 1. Renewal
Application for Kentucky Commercial Driver License Training School.
(1) On or before forty-five (45) days prior
to the expiration date, a licensed Kentucky resident commercial driver license
training school shall:
(a) Complete and
submit to the commission Form PE 32, Renewal Application to Operate a Resident
Commercial Driver License Training School, with supporting documentation as
listed on the form;
(b) Pay the
nonrefundable renewal application fee of $200 established in
KRS
165A.475(2);
(c) Pay the nonrefundable renewal licensure
fee required by
791 KAR 1:050, Section 3;
and
(d) Meet the requirements of
Section 3 of this administrative regulation.
(2) All fees shall be paid by check or money
order payable to the Kentucky State Treasurer.
Section 2. Renewal Application for
Non-Resident Commercial Driver License Training School.
(1) On or before forty-five (45) days prior
to the expiration date, a licensed non-resident commercial driver license
training school not residing in Kentucky, but recruiting, advertising, or
otherwise doing business in Kentucky shall:
(a) Complete and submit to the commission
Form PE 33, Renewal Application to Operate a Non-Resident Commercial Driver
License Training School, with supporting documentation as listed on the
form;
(b) Pay the nonrefundable
renewal application fee of $200 established in
KRS
165A.475(2);
(c) Pay the nonrefundable renewal licensure
fee required by
791 KAR 1:050, Section 3;
and
(d) Meet the requirements of
Section 3 of this administrative regulation.
(2) All fees shall be paid by check or money
order made payable to the Kentucky State Treasurer.
Section 3. Evidence of Liability Insurance
Coverage.
(1) Each renewal 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 a
complete listing of all equipment, serial numbers, and 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
4. Denial of Renewal Application.
(1) The commission shall deny a renewal
application to operate a commercial driver license training school for:
(a) Failure to comply with the requirements
of KRS
165A.460-165A.515;
(b) Failure to comply with
791 KAR 1:040 to
791 KAR 1:160, governing the
application and operation of a commercial driver license training
school;
(c) Failure to comply with
KRS
165A.475(1)(d) regarding
persons connected in any capacity with commercial driver license training
schools; or
(d) Failure to maintain
all training vehicles in a safe operating condition, pursuant to 49 C.F.R. Part
383 , as enforced by the Kentucky State Police.
(2) The commission may deny a renewal
application to operate a commercial driver license training school for lack of
good moral character, as determined by
KRS
165A.475(7).
Section 5. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) Form PE 32,
"Renewal Application to Operate a Resident Commercial Driver License Training
School", as provided in EDvera software version 2.1, edition May 2022;
and
(b) Form PE 33, "Renewal
Application to Operate a 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.gov.
STATUTORY AUTHORITY:
KRS
165A.340(6),
165A.400,
165A.485
