201 KAR 40:070. Commercial driver license training school instructor and agent application and renewal procedures.

 

      RELATES TO: KRS 165A.330(1), 165A.350, 165A.370, 165A.465, 165A.470, 165A.475, 165A.480, 165A.485

      STATUTORY AUTHORITY: KRS 165A.340(3), 165A.510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.460-515 requires that the State Board for Proprietary Education 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, June 2010 edition, 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 or Agent license shall:

      (1)(a) Complete and submit Form PE 34, Application for a Commercial Driver License Training School Skills Instructor; or

      (b) Complete and submit Form PE 36, Application for Licensure as a Commercial Driver License Training School Agent;

      (2) Submit two (2) recent photographs no larger than 2 in. x 2 in.;

      (3) Pay the nonrefundable application fee of twenty (20) dollars established in KRS 165A.475(6);

      (4) Pay the nonrefundable initial licensure fee of $150;

      (5) Provide a copy of the applicant's valid Class A CDL license;

      (6) Provide proof of at least two (2) years of veritable 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.

 

      Section 3. State and National Criminal History Background Checks. An applicant for a commercial driver license instructor or agent shall undergo a state and national criminal history background check upon application and shall submit to being fingerprinted by the Kentucky State Police as required by KRS 165A.465.

 

      Section 4. Application for Renewal of Commercial Driver License Training School Instructor or Agent. On or before May 15 of each year, a licensed commercial driver license training school instructor or agent, or a licensed commercial driver license training school on behalf of the skills instructor or agent, shall:

      (1)(a) Complete and submit Form PE 35 Renewal Application for a Commercial Driver License Training School Skills Instructor; or

      (b) complete and submit Form PE 37 Renewal Application for a Commercial Driver License Training School Agent;

      (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 $150.

 

      Section 5. Classroom Instructors. The CDL school shall submit a PE 11 Form to the Board upon qualifying an individual as a classroom instructor.

 

      Section 6. Temporary License for CDL School Agent or Skills Instructor. (1) The board shall issue to an applicant, who has completed the requirements of Sections 2 and 3 of this administrative regulation, a temporary permit for the performance of skills instructor or agency duties while the license application is being processed.

      (2) The board 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 board shall provide this letter within three (3) 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 board’s letter shall be maintained by the applicant and be available for review upon request by the board’s inspector or the Kentucky State Police.

      (d) If the applicant is denied a license, the board shall issue a notice to the applicant and the applicant’s school rescinding the applicant’s temporary license for a skills instructor or agent.

 

      Section 7. All fees required by this administrative regulation shall be submitted by certified check or money order payable to the "Kentucky State Treasurer."

 

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Form PE 34, "Application for Commercial Driver License Training School Instructor", October 2010 edition;

      (b) Form PE 35, "Renewal Application for Commercial Driver License Training School Instructor", October 2010 edition;

      (c) Form PE 36, "Application for Commercial Driver License Training School Agent", October 2010; and

      (d) Form PE 37, "Renewal Application for Commercial Driver License Training School Agent", October 2010 edition.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board for Proprietary Education, 911 Leawood Drive, 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.)