502
KAR 11:060. License denial and reconsideration process.
RELATES
TO: KRS 237.110
STATUTORY
AUTHORITY: KRS 16.080, 17.080, 237.110
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 237.110(9) requires the department to deny an
application for a license to carry a concealed deadly weapon if an applicant
fails to meet the statutory requirements for licensure and to reconsider its
denial of an application upon the applicant's submission of documentation
relating to the application. This administrative regulation establishes the
procedures for denial, notification of denial, and reconsideration.
Section
1. If the department determines that it will deny an application for a license
because an applicant fails to meet criteria specified in KRS 237.110(3) or (4),
the department shall notify the applicant on a Denial Notice:
(1)
Of the reason the license is denied; and
(2)
That the applicant may request reconsideration by the department by completing
the "Request for Reconsideration" Section of the Denial Notice in the
presence of the sheriff within thirty (30) days of the date of the Denial Notice.
Section
2. If an applicant completes the Request for Reconsideration Section of the
Denial Notice, the sheriff shall:
(1)
Place the completed Denial Notice and
related material, if applicable, in a single applicant packet; and
(2)
Transmit the completed single applicant packet to the department on the date
established by the CCDW-LEOSA Application Mailing Schedule For Sheriffs.
Section
3. The department may require the applicant to submit any of the following in
support of his or her request for reconsideration:
(1)
Certified copies of records from a court clerk or law enforcement agency
showing the disposition of criminal charges against the applicant;
(2)
A certificate or statement from a court clerk or law enforcement agency showing
that the applicable records have been destroyed or are otherwise unavailable;
(3)
A certificate or statement from the appropriate department of the Armed Forces
or other government agency showing the disposition of charges against the
applicant;
(4)
A certificate or statement from the appropriate department of the Armed Forces
showing the nature of the applicant's discharge or separation from the Armed
Forces;
(5)
A notarized statement by the applicant setting forth the disposition of
criminal charges against the applicant;
(6)
A notarized statement by the applicant setting forth the nature of the applicant's
discharge or separation from the Armed Forces;
(7)
A notarized statement by the applicant setting forth the identity of the victim
of the criminal offense, the nature of the applicant's relationship to the
victim at the time of the offense, and whether or not the applicant and the
victim shared a child in common at the time of the offense; or
(8)
Any other documentation relevant to evaluating the request for reconsideration.
Section
4. If the department determines that the request for reconsideration is valid
and that the applicant is not disqualified from being issued a license, it
shall issue a license as set forth in 502 KAR 11:010, Section 11.
Section
5. If the department determines that the request for reconsideration of the
denial of the application should be denied, the department shall notify the
applicant of the denial by mail.
Section
6. Incorporation by Reference. (1) The following material is incorporated by reference:
(a)
"Denial Notice", 1/9/07; and
(b)
"CCDW-LEOSA Application Mailing Schedule For Sheriffs", July 2006.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of State Police, 1250 Louisville Road,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (23 Ky.R.
2348; Am. 2720; eff. 1-9-97; Recodified from 503 KAR 6:090, 11-8-2006; 33 Ky.R.
1701; 2293; eff. 3-9-07.)