165A.465 Criminal history background check for CDL trainers -- Fingerprinting -- Eligibility based on results -- Fees. (1) All persons initially applying for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall be required to undergo a state and national criminal history background check conducted by the Department of Kentucky State Police. Application forms for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall conspicuously state the following: "STATE LAW REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF APPLYING FOR THIS LICENSE. ANY PERSON WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A LICENSE TO OPERATE A CDL DRIVER TRAINING SCHOOL OR A LICENSE FOR A CDL DRIVER TRAINING INSTRUCTOR." (2) All applicants shall be required to submit to being fingerprinted in accordance with administrative regulations promulgated by the Department of Kentucky State Police under KRS Chapter 13A. If the applicant is a corporation, the fingerprints of all officers shall be required. (3) The results of the state and national criminal history background checks shall be sent to the commission for review within seventy-two (72) hours. If circumstances prohibit the results from being sent to the commission within seventy-two (72) hours, the application shall not be processed further until the results are made available to the commission. The commission shall inform the applicant if, based upon the criminal history background check, the applicant is either eligible or ineligible to be issued a license to operate a CDL driver training school or a license for a CDL driver instructor. The commission shall promulgate administrative regulations under KRS Chapter 13A specifying the offenses and conditions under which an application shall be denied based upon a criminal history background check. training (4) Any fee charged by the Department of Kentucky State Police to conduct a criminal history background check shall be paid by the applicant and shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter. 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. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 76, sec. 13, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 85, sec. 176, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 280, sec. 3, effective April 9, 2002.