791 KAR 1:080. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools

Link to law: http://www.lrc.ky.gov/kar/791/001/080.htm
Published: 2015

      791 KAR 1:080. Maintenance of

student records, schedule of fees charged to students, contracts and agreements

involving licensed commercial driver training schools, advertising and

solicitation of students by commercial driver license training schools.

 

      RELATES TO: KRS 165A.330(1), 165A.370,

165A.500, 165A.510

      STATUTORY AUTHORITY: KRS 165A.340(3),

165A.510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

165A.500 and 165A.510 authorize the Kentucky Commission on Proprietary

Education to establish the standards for maintenance of student records,

schedule of fees charged to students and refund policy, contracts and

agreements involving licensed commercial driver license training schools,

advertising and solicitation of students by commercial driver license training

schools. This administrative regulation establishes these standards for

commercial driver license training schools.

 

      Section 1. Maintenance of Student Records

and Student Roster. (1)(a) Each licensed commercial driver license training

school shall maintain a permanent record of instruction given to each student

to include the student instructional training progress report cards or sheets,

transcripts, student written examination results, and yard and street student

skills examination scores for so long as the commercial driver license training

school holds a license or conducts business.

      (b) If the commercial driver license

training school discontinues operation, then the school shall comply with KRS

165A.390(5) and 791 KAR 1:155.

      (2) The records to be maintained by the

commercial driver license training school shall contain the following:

      (a) Name and address of the commercial

driver license training school;

      (b) Name and address of the student;

      (c) A photocopy of, or the number of the

student’s Kentucky CDL instruction permit license;

      (d) A photocopy of, or the number of the

student’s CDL class A drivers license after completion of course requirements

and successful completion of license examination requirements administered by

the Kentucky State Police;

      (e) The type and date of instruction

given, whether classroom, yard, street, or behind-the-wheel, including the

duration of instruction;

      (f) The printed name and signature of the

instructor on the student instruction card or progress record sheet or

equivalent training record forms;

      (g) Student’s completed enrollment

application;

      (h) Student’s completed student contract

or enrollment agreement, including the student’s signature and authorized

school official’s signature properly dated;

      (i) Financial documents signed by the

student including the student’s completed loan agreement and accurate record of

all fees paid to the school and government agencies;

      (j) Student’s attendance record;

      (k) Student’s progress report;

      (l) Student’s transcript including all

examination grades and skills proficiency competency scores or evaluation

received during course of instruction;

      (m) Written examination and skills

examination, including grade; and

      (n) Results of medical fitness

examination and DOT-required drug test.

      (3) The school shall furnish each

commercial driver license training student upon the student’s request a copy of

his or her student instruction record if he or she ceases taking instruction at

the school.

      (4) All student records, school facilities,

and school equipment are subject to inspection by the commission and its representatives

upon request and without prior notice to the school.

 

      Section 2. Schedule of Fees Charged to

Students and Refund Policy. (1) Each licensed commercial driver license training

school shall publish a schedule of fees charged to students for instruction to

include as applicable:

      (a) Administrative fee;

      (b) Registration/application fee;

      (c) Tuition for instruction;

      (d) Commercial driver license permit fee;

      (e) Off-the-road and on-the-road training

fees;

      (f) Room and commission costs; and

      (g) Department of Transportation drug

test and medical fitness examination.

      (2) The schedule of fees shall be

published:

      (a) In the school’s catalog, brochure,

and Web site;

      (b) In the student contract or enrollment

agreement; and

      (c) Within the school’s facility by being

conspicuously displayed at the school.

      (3) Each licensed commercial driver

license training school shall establish and adhere to a refund policy to be

published:

      (a) In the school’s catalog;

      (b) In the student contract or enrollment

agreement; and

      (c) Within the school’s facility by being

conspicuously displayed at the school.

      (4) At least five (5) days before a

prospective student signs a contract or enrollment agreement, the commercial

driver license school shall provide to the prospective student:

      (a) The school catalog;

      (b) The student contract or enrollment

agreement; and

      (c) The student loan agreement, if any.

 

      Section 3. Contracts and Agreements

Involving Licensed Commercial Driver License Training Schools. (1) Each

licensed commercial driver license training school shall:

      (a) File and maintain with the commission

an accurate and current list of those persons authorized by the school to

execute student enrollment contracts and student tuition loan agreements on

behalf of the licensed commercial driver license training school including a sample

of each person’s signature;

      (b) Provide to each student who enters a

contract or agreement with a licensed commercial driver training school a copy

of the signed contract or enrollment agreement; and

      (c) File the original of each student

contract or enrollment agreement in the permanent student record maintained by

the school.

      (2) All contracts or enrollment executed

by the licensed commercial driver license training schools and its students

shall contain the following information:

      (a) The name and address of the school.

If the school is conducted under an assumed name or is operated by a corporation,

partnership, or association, the contract or enrollment agreement shall contain

the name of the individual owners or names of the officers of the corporation,

association, or members of the partnership;

      (b) A statement containing the following

text in at least fourteen (14) point font: "This constitutes the entire

agreement between the school and the student. No verbal agreements or promises

shall be recognized by either the school or the student.";

      (c) The school refund policy;

      (d) A signature and date line for the

student and an authorized school official;

      (e) A complete description of all fees

charged as set forth in Section 2 of this administrative regulation; and

      (f) A statement containing the following

text in at least fourteen (14) point font: "The Kentucky Revised Statutes

and Kentucky Administrative Regulations governing licensed commercial driver

training schools shall be available at the facility upon request."

 

      Section 4. Advertising and Solicitation

of Students by Commercial Driver License Training Schools. (1) A person,

school, institution, organization, company, association, or partnership shall

not advertise or advertise to recruit students unless licensed by the commission.

      (2) A licensed commercial driver license

training school shall not use any name other than its licensed name, nor shall

it advertise or imply that it is "supervised,"

"recommended," "accredited," or "endorsed" by the

Kentucky Commission on Proprietary Education. A school may state "Licensed

by the Kentucky Commission on Proprietary Education" in its advertisements.

      (3) A licensed commercial driver training

school shall not:

      (a) Claim nor imply that it guarantees

employment upon successful completion of the program;

      (b) Guarantee or imply that it guarantees

the student will receive a commercial driver license training permit or

commercial driver license;

      (c) Make any false, misleading, or

deceptive claims or guarantees of expected annual income or employee benefits;

      (d) Hold itself out as being any type of

establishment other than an educational or training establishment;

      (e) Use a name that is like or

deceptively similar to a name used by another commercial driver license

training school;

      (f) Advertise or imply that instruction

may be given to students who fail the program or examinations without charge to

the student unless that instruction without examination is contained in the student

contract or enrollment agreement; or

      (g) Advertise or solicit in the

"help wanted" section of any newspaper or periodical.

      (4) A licensed commercial driver license

training school shall submit a copy of all advertisements and directory

listings to the commission at least thirty (30) days prior to the scheduled publishing

date.

 

      Section 5. Inspections of Commercial

Motor Vehicles Used by Commercial Driver License Training Schools, Including

Mandatory Equipment and Out-of-Service Criteria. (1) Annual inspection. The

school shall maintain a copy of the results of the Kentucky State Police’s

annual inspections of the school’s vehicle inventory, as listed with the commission.

      (2) In order to be approved, the vehicle

shall be:

      (a) Owned or leased by the licensed

school;

      (b) In safe operating condition;

      (c) Included on the school’s liability

insurance policy as mandated by KRS 165A.475(1)(d);

      (d) Equipped with seat belts for each

vehicle occupant as established by KRS 189.125;

      (e) Equipped with functioning side-view

and rear-view mirrors;

      (f) Identified and clearly displayed on

the front, sides, and rear of the vehicle, in letters not smaller than six (6)

inches in height and in a color vividly contrasting with the color of the

vehicle, the following:

      1. Name of the commercial driver license

training school; and

      2. Words "Student Driver."

      (3) Expiration of safety inspection and

notification of vehicle changes. The commercial driver license training school

shall:

      (a) Maintain proof that the vehicle is

inspected by the Kentucky State Police annually and passes the inspection;

      (b) Remove from use any vehicle that has

not passed the inspection by the Kentucky State Police; and

      (c) File with the commission written

notice if a vehicle has been added or deleted from the school’s motor vehicle

fleet and have submitted to the commission a revised insurance policy as

mandated by KRS 165A.475(1)(d) no later than five (5) business days from the

date that the vehicle was added or deleted from the school’s motor vehicle

fleet. (30 Ky.R. 139; Am. 583; eff. 9-8-2003; 37 Ky.R. 791; 1189; eff.

11-16-2010; Recodified from 201 KAR 40:080, 6-12-2014.)
Read Entire Law on www.lrc.ky.gov