281A.300 Criminal history background check for commercial driver's licenses and

342 words·~2 min read·/ky/281a-300

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

permits -- Administrative regulations -- Fees.

(a)Any person initially applying for, or renewing, a Kentucky CDL or CLP shall

be required to undergo a state and national criminal history background check

of state and federal wanted or "hot file" records conducted by the State Police.

(b)All initial and renewal application forms for a Kentucky CDL or CLP shall

conspicuously state the following: "STATE LAW REQUIRES A STATE

AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A

CONDITION OF APPLYING FOR A KENTUCKY CDL. ANY PERSON

WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY

BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR,

OR BE ISSUED, A KENTUCKY CDL."

(2)The results of the state and national criminal history background checks shall be

sent to the cabinet for review within seventy-two

(72)hours. An applicant for a

CLP may enroll in a commercial driver training program under the Kentucky

Community and Technical College System or a proprietary school licensed under

KRS Chapter 165A, and may be issued a CLP upon enrollment, however the status

of the applicant retaining the CLP shall not be determined until the results of the

background checks are made available to the cabinet. The cabinet shall inform an

applicant, based upon the criminal history background check, of the applicant's

eligibility to be issued a CLP or CDL. The cabinet shall promulgate administrative

regulations in accordance with KRS Chapter 13A to specify conditions that will

cause a person to be denied a CLP or CDL based upon the person's criminal history

background check.

(3)Any fee charged by the State Police to conduct a criminal history background check

shall be paid by the applicant and shall not be refundable. Any fee charged to

conduct a criminal history background check shall be an amount not greater than

the actual cost of processing the request and conducting the search.

(4)The criminal history background checks required by this section shall be in addition

to any type of background check that may be required by federal statute, rule,

regulation, or order.