186.570 Denial or suspension of license -- Informal hearing -- Appeal -- Surrender
1,241 words·~6 min read·
/ky/186-570A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of certificate -- Medical review board -- Prohibition against raising insurance
on basis of denial or suspension for child support arrearage.
(1)The cabinet or its agent designated in writing for that purpose may deny any person
an operator's license or may suspend the operator's license of any person, or, in the
case of a nonresident, withdraw the privilege of operating a motor vehicle in this
state, subject to a hearing and with or without receiving a record of conviction of
that person of a crime, if the cabinet has reason to believe that:
(a)That person has committed any offenses for the conviction of which
mandatory revocation of a license is provided by KRS 186.560;
(b)That person has, by reckless or unlawful operation of a motor vehicle, caused,
or contributed to an accident resulting in death or injury or serious property
damage;
(c)That person has a mental or physical disability that makes it unsafe for him or
her to drive upon the highways. The medical review board established in KRS
186.444 shall provide technical assistance in the review of the driving ability
of these persons;
(d)That person is a habitually reckless or negligent driver of a motor vehicle or
has committed a serious violation of the motor vehicle laws;
(e)That person has been issued a license without making proper application for
it, as provided in KRS 186.412 or 186.4121 and administrative regulations
promulgated in accordance with KRS Chapter 13A;
(f)That person has presented false or misleading information as to the person's
residency, citizenship, religious convictions, or immigration status;
(g)A person required by KRS 186.480 to take an examination has been issued a
license without first having passed the examination;
(h)That person has been convicted of assault and battery resulting from the
operation of a motor vehicle;
(i)That person has failed to appear pursuant to a citation or summons issued by a
law enforcement officer of this Commonwealth or any other jurisdiction;
(j)That person has failed to appear pursuant to an order by the court to produce
proof of security required by KRS 304.39-010 and a receipt showing that a
premium for a minimum policy period of six
(6)months has been paid; or
(k)That person is a habitual violator of KRS 304.39-080. For purposes of this
section, a "habitual violator" means any person who has operated a motor
vehicle without security on the motor vehicle as required by Subtitle 39 of
KRS Chapter 304 three
(3)or more times within a five
(5)year period, in
violation of KRS 304.99-060(2).
(2)The cabinet shall deny any person a license or shall suspend the license of an
operator of a motor vehicle upon receiving written notification from the Office of
the Attorney General that the person has a child support arrearage which equals or
exceeds the cumulative amount which would be owed after six
(6)months of
nonpayment or failure, after receiving appropriate notice, to comply with a
subpoena or warrant relating to paternity or child support proceedings, as provided
by 42 U.S.C. sec. 651 et seq. The denial or suspension shall continue until the
arrearage has been eliminated, payments on the child support arrearage are being
made in accordance with a court or administrative order, or the person complies
with the subpoena or warrant relating to paternity or child support. Before the
license may be reinstated, proof of elimination of the child support arrearage or
proof of compliance with the subpoena or warrant relating to paternity or child
support proceedings as provided by 42 U.S.C. sec. 666(a)(16) from the court where
the action is pending or the Office of the Attorney General shall be received by the
Transportation Cabinet as prescribed by administrative regulations promulgated by
the Office of the Attorney General and the Transportation Cabinet.
(3)The cabinet or its agent designated in writing for that purpose shall deny any person
an operator's license or shall suspend the operator's license of any person, or, in the
case of a nonresident, withdraw the privilege of operating a motor vehicle in this
state where the person has been declared ineligible to operate a motor vehicle under
KRS 532.356 for the duration of the ineligibility, upon notification of the court's
judgment.
(4)The cabinet or its agent designated in writing for that purpose shall provide any
person subject to the suspension, revocation, or withdrawal of his or her driving
privileges, under provisions of this section, an informal hearing. Upon determining
that the action is warranted, the cabinet shall notify the person in writing by mailing
the notice to the person by first-class mail to the last known address of the person.
The hearing shall be automatically waived if not requested within twenty
(20)days
after the cabinet mails the notice. The hearing shall be scheduled as early as
practical within twenty
(20)days after receipt of the request at a time and place
designated by the cabinet. An aggrieved party may appeal a decision rendered as a
result of an informal hearing, and upon appeal an administrative hearing shall be
conducted in accordance with KRS Chapter 13B.
(a)The cabinet may suspend the operator's license of any resident upon receiving
notice of the conviction of that person in another state of an offense there
which, if committed in this state, would be grounds for the suspension or
revocation of an operator's license. The cabinet shall not suspend an operator's
license under this paragraph if:
1. The conviction causing the suspension or revocation is more than five
(5)years old;
2. The conviction is for a traffic offense other than a felony traffic offense
or a habitual violator offense; and
3. The license holder complies with the provisions of KRS 186.442.
(b)If, at the time of application for an initial Kentucky operator's license, a
person's license is suspended or revoked in another state for a conviction that
is less than five
(5)years old, the cabinet shall deny the person a license until
the person resolves the matter in the other state and complies with the
provisions of this chapter.
(c)The cabinet may, upon receiving a record of the conviction in this state of a
nonresident driver of a motor vehicle of any offense under the motor vehicle
laws, forward a notice of that person's conviction to the proper officer in the
state of which the convicted person is a resident.
(d)This subsection shall not apply to a commercial driver's license.
(6)The Transportation Cabinet is forbidden from suspending or revoking an operator's
license or assessing points or any other form of penalty against the license holder
for speeding violations or speeding convictions from other states. This subsection
shall apply only to speeding violations. This section shall not apply to a person who
holds or is required to hold a commercial driver's license.
(7)Each operator's license which has been canceled, suspended, or revoked shall be
surrendered to and destroyed by the cabinet. At the end of the period of
cancellation, suspension, or revocation, the license holder may reapply under KRS
186.412 or 186.4121, after the licensee has complied with all requirements for the
issuance or reinstatement of his or her driving privilege.
(8)Insurance companies issuing motor vehicle policies in the Commonwealth shall be
prohibited from raising a policyholder's rates solely because the policyholder's
driving privilege has been suspended or denied pursuant to subsection
(2)of this
section.