502 KAR 11:060. License denial and reconsideration process

Link to law: http://www.lrc.ky.gov/kar/502/011/060.htm
Published: 2015

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      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.)