Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
165A.310,
165A.330(1),
165A.350,
165A.370,
165A.380,
165A.460,
165A.465,
165A.470,
165A.475,
165A.480,
165A.485,
332.095
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
165A.340(6) and (10),
165A.400,
165A.465, and
165A.510 require the Kentucky
Commission on Proprietary Education to promulgate administrative regulations
for the administration of KRS Chapter 165A and to establish standards for
instructors and agents of commercial driver licensing schools, including
application and renewal procedures. This administrative regulation establishes
the standards for instructors and agents, including application and renewal
procedures regarding commercial driver license training schools.
Section 1. Definitions.
(1) "Classroom instructor" means a commercial
driver license school instructor whom the school owner has qualified to perform
classroom instruction only for the classroom sections of the General Curriculum
Standards for Kentucky Licensed Commercial Driving Schools.
(2) "Skills Instructor" means a commercial
driver's license school instructor who instructs the Range and Street sections
of the General Curriculum Standards for Kentucky Licensed Commercial Driving
Schools and has met the licensing requirements of Section 2 of this
administrative regulation.
Section
2. An applicant for a Commercial Driver License Training School
Skills Instructor license shall:
(1) Complete
and submit Form PE 34, Application for Licensure as a Commercial Driver License
Training School Skills Instructor;
(2) Submit two (2) recent passport-size
photographs, electronically provided to the commission;
(3) Pay the nonrefundable application fee of
twenty (20) dollars established in
KRS
165A.475(6);
(4) Pay the nonrefundable initial licensure
fee of $200;
(5) Provide a copy of
the applicant's valid Class A CDL license;
(6) Provide proof of at least two (2) years
of verifiable commercial over the road driving experience; and
(7) Provide proof of receiving a passing
score on the written examination and skills examination administered by the
Kentucky State Police as required by
502 KAR 10:030 and
502 KAR 10:035.
Section 3. Application for Renewal
of Commercial Driver License Training School Instructor. On or before May 15 of
each year, a licensed commercial driver license training school instructor, or
a licensed commercial driver license training school on behalf of the skills
instructor, shall:
(1) Complete and submit
Form PE 35, Renewal Application for Licensure as a Commercial Driver License
Training School Instructor;
(2)
Submit two (2) recent passport-size photographs, electronically provided to the
commission;
(3) Pay the
nonrefundable application fee of twenty (20) dollars established in
KRS
165A.475(6); and
(4) Pay the nonrefundable renewal fee of
$200.
Section 4.
Classroom Instructors. The CDL school shall submit a Form PE 11, Form for
Instructional Staff and Key Administrative Personnel, incorporated by reference
in 791 KAR 1:010, to the commission
upon qualifying an individual as a classroom instructor.
Section 5. Conditional License for CDL Skills
Instructor.
(1) The commission shall issue to
an applicant who has completed the requirements of Sections 2 and 3 of this
administrative regulation a temporary permit, by way of letter, for the
performance of skills instructor duties while the license application is being
processed.
(2) The commission shall
provide the applicant and the licensed school a letter stating the applicant's
application is in order and is being processed for applicant licensing.
(a) The commission shall provide this letter
within ten (10) business days of receipt of a properly completed
application.
(b) This letter shall
serve as the applicant's conditional license until a regular license is
issued.
(c) A copy of the
commission's letter shall be maintained by the applicant and be available for
review upon request by the commission's inspector or the Kentucky State
Police.
(d) If the applicant is
denied a license, the commission shall issue a notice to the applicant and the
applicant's school rescinding the applicant's conditional license for a skills
instructor.
Section
6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "General Curriculum Standards
for Kentucky Licensed Commercial Driving Schools", June 2014 edition;
(b) Form PE 34, "Application for Licensure as
a Commercial Driver License Training School Skills Instructor", as provided in
EDvera software version 2.1, edition May 2022; and
(c) Form PE 35, "Renewal Application for
Licensure as a Commercial Driver License Training School Instructor", 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), (10), 165A.400, 165A.465,
165A.510
