601 KAR 9:085. Procedures for becoming a certified motor vehicle inspector.

 

      RELATES TO: KRS 186A.115

      STATUTORY AUTHORITY: KRS 186A.115(1)(a)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.115(1)(a) requires the department to promulgate an administrative regulation establishing certification requirements for certified inspectors. This administrative regulation establishes the requirements for becoming a certified motor vehicle inspector.

 

      Section 1. To become a certified motor vehicle inspector, an applicant shall comply with the requirements established in this section.

      (1) The sheriff of the county for which the individual is to be certified shall submit the following information to the commissioner:

      (a) Name of sheriff;

      (b) Designation of sheriff or sheriff elect;

      (c) County in which sheriff was elected;

      (d) Sheriff's Social Security number;

      (f) Sheriff's signature;

      (g) Date the document was executed by the sheriff; and

      (h) Proposed inspector's:

      1. Name;

      2. Business mailing address;

      3. County of residence;

      4. Business and residence telephone numbers;

      5. Current designation as certified inspector including inspector number and county, if applicable;

      6. Prior inspector training and date, if applicable; and

      7. Certification that he has attended the training to become a certified inspector required by subsection (4) of this section.

      (2) An applicant for certification or a certified motor vehicle inspector shall:

      (a) Be at least eighteen (18) years of age;

      (b) Be a resident of the Commonwealth of Kentucky;

      (c) Not have a felony criminal record;

      (d) Not have any pending felony charge at the time of his designation; and

      (e) Not have a misdemeanor conviction or pending charge relating to KRS Chapter 516, forgery and related offenses or to KRS Chapter 523, perjury and related offenses.

      (3) A licensed motor vehicle dealer or any employee in his dealership shall not be eligible to become a certified motor vehicle inspector.

      (4) An applicant shall attend a training program conducted by the Department of Vehicle Regulation in conjunction with the Kentucky State Police.

 

      Section 2. After the applicant has attended the training required by Section 1(4) of this administrative regulation, the Commissioner of the Department of Vehicle Regulation shall issue a certificate certifying the applicant to serve as a certified motor vehicle inspector.

 

      Section 3. (1) The county sheriff may withdraw a designation at any time by notifying, in writing, the Commissioner of the Department of Vehicle Regulation.

      (2) When notification of withdrawal of designation is received by the Department of Vehicle Regulation, the commissioner shall revoke the individual's certification.

 

      Section 4. A certified motor vehicle inspector shall not be allowed to inspect a motor vehicle after his certification has been suspended or revoked.

 

      Section 5. Upon written notice to the county sheriff, the Commissioner of the Department of Vehicle Regulation or the Kentucky State Police acting through the department may require additional in-service training or recertification of any certified motor vehicle inspector.

 

      Section 6. The Commissioner of the Department of Vehicle Regulation with sufficient cause may revoke or suspend the certification of any certified inspector. Sufficient cause shall include a conviction or pending charge of a felony or a misdemeanor relating to perjury or forgery or failure to satisfactorily complete the training required in Section 1(4) of this administrative regulation.

 

      Section 7. (1) At least thirty (30) days prior to revoking or suspending a certificate, the department shall notify the certified inspector in writing of the action the department proposes to take and the reasons therefore.

      (2) A certified inspector may appeal the action within forty-five (45) days.

      (3) The notice of appeal shall be in writing to the commissioner and shall set forth the basis for the appeal.

      (4) An appeal shall be conducted in accordance with KRS Chapter 13B.

 

      Section 8. If a sheriff is vacated from office and there is not a certified inspector available in the county, the Commissioner of the Department of Vehicle Regulation may designate a temporary certified inspector until the time a new sheriff takes office. (10 Ky.R. 327; eff. 1-4-1984; Am. 14 Ky.R. 261; eff. 9-10-87; 20 Ky.R. 418; 761; eff. 10-5-93; 30 Ky.R. 1354; 2150; eff. 4-12-2004.)