791 KAR 1:070. Commercial driver license training school instructor

and agent application and renewal procedures.

 

      RELATES TO: KRS 165A.310, 165A.330(1),

165A.350, 165A.370, 165A.380, 165A.460, 165A.465, 165A.470, 165A.475, 165A.480,

165A.485, 332.095

      STATUTORY AUTHORITY: KRS 165A.340, (6),

(10), 165A.400, 165A.465, 165A.510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.340(6)

and (10), 165A.400, 165A.465, and 165A.510 require the Kentucky Commission on

Proprietary Education to promulgate administrative regulations for the

administration of KRS Chapter 165A and to establish standards for instructors

and agents of commercial driver licensing schools, including application and

renewal procedures. This administrative regulation establishes the standards

for instructors and agents, including application and renewal procedures

regarding commercial driver license training schools.

 

      Section 1. Definitions. (1)

"Classroom instructor" means a commercial driver license school

instructor whom the school owner has qualified to perform classroom instruction

only for the classroom sections of the General Curriculum Standards for

Kentucky Licensed Commercial Driving Schools.

      (2) "Skills Instructor" means a

commercial drivers license school instructor who instructs the Range and Street

sections of the General Curriculum Standards for Kentucky Licensed Commercial

Driving Schools and has met the licensing requirements of Section 2 of this

administrative regulation.

 

      Section 2. An applicant for a Commercial

Driver License Training School Skills Instructor license shall:

      (1) Complete and submit Form PE 34,

Application for Commercial Driver License Training School Instructor;

      (2) Submit two (2) recent passport-size

photographs;

      (3) Pay the nonrefundable application fee

of twenty (20) dollars established in KRS 165A.475(6);

      (4) Pay the nonrefundable initial

licensure fee of $200;

      (5) Provide a copy of the applicant's

valid Class A CDL license;

      (6) Provide proof of at least two (2)

years of verifiable commercial over the road driving experience; and

      (7) Provide proof of receiving a passing

score on the written examination and skills examination administered by the

Kentucky State Police as required by 502 KAR 10:030 and 10:035.

 

      Section 3. Application for Renewal of

Commercial Driver License Training School Instructor. On or before May 15 of

each year, a licensed commercial driver license training school instructor, or

a licensed commercial driver license training school on behalf of the skills

instructor, shall:

      (1) Complete and submit Form PE 35

Renewal Application for Commercial Driver License Training School Instructor;

      (2) Submit two (2) recent passport-size

photographs;

      (3) Pay the nonrefundable application fee

of twenty (20) dollars established in KRS 165A.475(6); and

      (4) Pay the nonrefundable renewal fee of

$200.

 

      Section 4. Classroom Instructors. The CDL

school shall submit a Form PE 11, Form for Instructional Staff and Key Administrative

Personnel, incorporated by reference in 791 KAR 1:010, to the commission upon

qualifying an individual as a classroom instructor.

 

      Section 5. Temporary License for CDL

Skills Instructor. (1) The commission shall issue to an applicant who has

completed the requirements of Sections 2 and 3 of this administrative

regulation a temporary permit, by way of letter, for the performance of skills

instructor duties while the license application is being processed.

      (2) The commission shall provide the

applicant and the licensed school a letter stating the applicant’s application

is in order and is being processed for applicant licensing.

      (a) The commission shall provide this

letter within ten (10) business days of receipt of a properly completed application.

      (b) This letter shall serve as the

applicant’s temporary license until a regular license is issued.

      (c) A copy of the commission’s letter

shall be maintained by the applicant and be available for review upon request

by the commission’s inspector or the Kentucky State Police.

      (d) If the applicant is denied a license,

the commission shall issue a notice to the applicant and the applicant’s school

rescinding the applicant’s temporary license for a skills instructor.

 

      Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "General Curriculum Standards

for Kentucky Licensed Commercial Driving Schools", June 2014 edition;

      (b) Form PE 34, "Application for

Commercial Driver License Training School Instructor", 2013 edition; and

      (c) Form PE 35, "Renewal Application

for Commercial Driver License Training School Instructor", 2013 edition.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky

Commission on Proprietary Education, 500 Mero Street, 3rd Floor, Capital Plaza

Tower, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R. 137; Am. 582;

eff. 9-8-2003; 37 Ky.R. 789; 1188; 11-16-2010; Recodified from 201 KAR 40:070,

6-12-2014; 41 Ky.R. 129; 759; eff. 10-31-2014.)