601 KAR 15:010. Disciplinary actions relating to commissioned employees.

 

      RELATES TO: KRS 281.765, 281.771, 281.772, 281.773

      STATUTORY AUTHORITY: KRS 13A.100(5), 189.227

      NECESSITY, FUNCTION, AND CONFORMITY: An officer of the Transportation Cabinet, Department of Vehicle Regulation, Division of Vehicle Enforcement is commissioned pursuant to KRS 281.765. In Howard v. Transportation Cabinet, Ky. 878 S.W.2d14 (1994), the Supreme Court of Kentucky held that a vehicle enforcement officer is commissioned pursuant to KRS 281.765 instead of KRS 281.770. An officer commissioned under KRS 281.765 is still subject to discipline under the provisions of KRS 281.771 rather than KRS 18A.095. This administrative regulation sets forth the administrative procedure to be followed by the Department of Vehicle Regulation in imposing disciplinary action against a Vehicle Enforcement officer and the procedure for review of disciplinary action taken by the trial board. A weighmaster is commissioned pursuant to KRS 189.227. The Transportation Cabinet has authority to promulgate a regulation governing employee disciplinary procedures pursuant to KRS 13A.100(5).

 

      Section 1. (1) An employee commissioned pursuant to KRS 281.765 or 189.227 shall conduct himself in accordance with the Commissioned Employee Code of Conduct.

      (2) When a charge or complaint is filed against a commissioned employee, the Commissioner of the Department of Vehicle Regulation and those appointed by him shall conduct an investigation pursuant to the standards set forth in the Commissioned Officer Code of Conduct and impose a penalty where appropriate pursuant to the same code of conduct.

 

      Section 2. (1) When disciplinary action is taken against an officer, the officer may request a hearing before the trial board pursuant to the procedure set forth in the Commissioned Officer Code of Conduct and KRS 281.771(9).

 

      Section 3. (1) When disciplinary action is taken against an inspector, the inspector shall be entitled to pursue any available remedy set forth in KRS Chapter 18A with regard to the action taken.

 

      Section 4. Incorporation by Reference. (1) Commissioned Employee Code of Conduct, October 2001 is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to copyright law, at the Division of Vehicle Enforcement, State Office Building, 8th Floor, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. (21 Ky.R. 778; Am. 1144; 1317; eff. 11-7-94; 28 Ky.R. 1194; 1624; eff. 1-14-2002.)