2013 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.570 Denial or suspension of license -- Informal hearing -- Appeal -- Surrender of certificate -- Medical review board -- Prohibition against raising insurance on basis of denial or suspension for child support arrearage.
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186.570 Denial or suspension of license -- Informal hearing -- Appeal -Surrender of certificate -- Medical review board -- Prohibition against
raising insurance on basis of denial or suspension for child support
arrearage.
(1)
The cabinet or its agent designated in writing for that purpose may deny any
person an operator's license or may suspend the operator's license of any
person, or, in the case of a nonresident, withdraw the privilege of operating a
motor vehicle in this state, subject to a hearing and with or without receiving a
record of conviction of that person of a crime, if the cabinet has reason to
believe that:
(a) That person has committed any offenses for the conviction of which
mandatory revocation of a license is provided by KRS 186.560.
(b) That person has, by reckless or unlawful operation of a motor vehicle,
caused, or contributed to an accident resulting in death or injury or
serious property damage.
(c) That person has a mental or physical disability that makes it unsafe for
him to drive upon the highways. The Transportation Cabinet shall, by
administrative regulations promulgated pursuant to KRS Chapter 13A,
establish a medical review board to provide technical assistance in the
review of the driving ability of these persons. The board shall consist of
licensed medical and rehabilitation specialists.
(d) That person is an habitually reckless or negligent driver of a motor vehicle
or has committed a serious violation of the motor vehicle laws.
(e) That person has been issued a license without making proper application
for it, as provided in KRS 186.412 and administrative regulations
promulgated pursuant to KRS Chapter 13A.
(f) That person has presented false or misleading information as to the
person's residency, citizenship, religious convictions, or immigration
status.
(g) A person required by KRS 186.480 to take an examination has been
issued a license without first having passed the examination.
(h) That person has been convicted of assault and battery resulting from the
operation of a motor vehicle.
(i) That person has failed to appear pursuant to a citation or summons
issued by a law enforcement officer of this Commonwealth or any other
jurisdiction.
(j) That person has failed to appear pursuant to an order by the court to
produce proof of security required by KRS 304.39-010 and a receipt
showing that a premium for a minimum policy period of six (6) months has
been paid.
(k) That person is a habitual violator of KRS 304.39-080. For purposes of this
section, a "habitual violator" shall mean any person who has operated a
motor vehicle without security on the motor vehicle as required by Subtitle
39 of this chapter three (3) or more times within a five (5) year period, in
violation of KRS 304.99-060(2).
(2)
(3)
(4)
The cabinet shall deny any person a license or shall suspend the license of an
operator of a motor vehicle upon receiving written notification from the Cabinet
for Health and Family Services that the person has a child support arrearage
which equals or exceeds the cumulative amount which would be owed after six
(6) months of nonpayment or failure, after receiving appropriate notice, to
comply with a subpoena or warrant relating to paternity or child support
proceedings, as provided by 42 U.S.C. secs. 651 et seq.; except that any child
support arrearage which exists prior to January 1, 1994, shall not be included
in the calculation to determine whether the license of an operator of a motor
vehicle shall be denied or suspended. The denial or suspension shall continue
until the arrearage has been eliminated, payments on the child support
arrearage are being made in accordance with a court or administrative order, or
the person complies with the subpoena or warrant relating to paternity or child
support. Before the license may be reinstated, proof of elimination of the child
support arrearage or proof of compliance with the subpoena or warrant relating
to paternity or child support proceedings as provided by 42 U.S.C. sec.
666(a)(16) from the court where the action is pending or the Cabinet for Health
and Family Services shall be received by the Transportation Cabinet as
prescribed by administrative regulations promulgated by the Cabinet for Health
and Family Services and the Transportation Cabinet.
The cabinet or its agent designated in writing for that purpose shall deny any
person an operator's license or shall suspend the operator's license of any
person, or, in the case of a nonresident, withdraw the privilege of operating a
motor vehicle in this state:
(a) Where the person has been declared ineligible to operate a motor vehicle
under KRS 532.356 for the duration of the ineligibility, upon notification of
the court's judgment; or
(b) Upon receiving written notification from the Finance and Administration
Cabinet, Department of Revenue, that the person is a delinquent taxpayer
as provided in KRS 131.1817. The denial or suspension shall continue
until a written tax clearance has been received by the cabinet from the
Finance and Administration Cabinet, Department of Revenue.
Notwithstanding the provisions of subsection (4) of this section, a person
whose license is denied or suspended under this paragraph shall have
thirty (30) days from the date the cabinet mails the notice to request a
hearing.
The cabinet or its agent designated in writing for that purpose shall provide any
person subject to the suspension, revocation, or withdrawal of their driving
privileges, under provisions of this section, an informal hearing. Upon
determining that the action is warranted, the cabinet shall notify the person in
writing by mailing the notice to the person by first-class mail to the last known
address of the person. The hearing shall be automatically waived if not
requested within twenty (20) days after the cabinet mails the notice. The
hearing shall be scheduled as early as practical within twenty (20) days after
receipt of the request at a time and place designated by the cabinet. An
aggrieved party may appeal a decision rendered as a result of an informal
hearing, and upon appeal an administrative hearing shall be conducted in
accordance with KRS Chapter 13B.
(5)
(6)
(7)
(8)
(a)
The cabinet may suspend the operator's license of any resident upon
receiving notice of the conviction of that person in another state of an
offense there which, if committed in this state, would be grounds for the
suspension or revocation of an operator's license. The cabinet shall not
suspend an operator's license under this paragraph if:
1.
The conviction causing the suspension or revocation is more than
five (5) years old;
2.
The conviction is for a traffic offense other than a felony traffic
offense or a habitual violator offense; and
3.
The license holder complies with the provisions of KRS 186.442.
(b) If, at the time of application for an initial Kentucky operator's license, a
person's license is suspended or revoked in another state for a conviction
that is less than five (5) years old, the cabinet shall deny the person a
license until the person resolves the matter in the other state and
complies with the provisions of this chapter.
(c) The cabinet may, upon receiving a record of the conviction in this state of
a nonresident driver of a motor vehicle of any offense under the motor
vehicle laws, forward a notice of that person's conviction to the proper
officer in the state of which the convicted person is a resident.
(d) This subsection shall not apply to a commercial driver's license.
The Transportation Cabinet is forbidden from suspending or revoking an
operator's license or assessing points or any other form of penalty against the
license holder for speeding violations or speeding convictions from other
states. This subsection shall apply only to speeding violations. This section
shall not apply to a person who holds or is required to hold a commercial
driver's license.
Each operator's license which has been canceled, suspended, or revoked shall
be surrendered to and retained by the cabinet. At the end of the period of
cancellation, suspension, or revocation, the license may be returned to the
licensee after he has complied with all requirements for the issuance or
reinstatement of his driving privilege.
Insurance companies issuing motor vehicle policies in the Commonwealth shall
be prohibited from raising a policyholder's rates solely because the
policyholder's driving privilege has been suspended or denied pursuant to
subsection (2) of this section.
Effective:July 1, 2013
History: Amended 2013 Ky. Acts ch. 119, sec. 4, effective July 1, 2013. -Amended 2008 Ky. Acts ch. 21, sec. 1, effective July 15, 2008. -- Amended
2005 Ky. Acts ch. 99, sec. 145, effective June 20, 2005; ch 152, sec. 3, effective
June 20, 2005; and ch. 165, sec. 3, effective June 20, 2005. -- Amended 2003
Ky. Acts ch. 189, sec. 3, effective June 24, 2003. -- Amended 2002 Ky. Acts
ch. 264, sec. 7, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 139,
sec. 1, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 255, sec. 1,
effective July 15, 1998; ch. 426, sec. 123, effective July 15, 1998; ch. 442,
sec. 6, effective July 15, 1998; and ch. 565, sec. 4, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 318, sec. 72, effective July 15, 1996; and ch. 341,
sec. 11, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 381, sec. 1,
effective July 15, 1994; and ch. 416, sec 8, effective July 15, 1994. Amended
1992 Ky. Acts ch. 136, sec. 2, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 455, sec. 30, effective July 13, 1990. -- Amended 1978 Ky. Acts
ch. 287, sec. 2, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74,
Art. IV, sec. 20(7). -- Amended 1972 Ky. Acts ch. 92, sec. 1. -- Amended 1968
Ky. Acts ch. 152, sec. 121. -- Amended 1946 Ky. Acts ch. 127, sec. 8. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2739m-50.
Legislative Research Commission Note (7/15/94). This section was amended by
1994 Ky. Acts chs. 381 and 416. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists, Acts ch. 416, which was last
enacted by the General Assembly, prevails under KRS 446.250.
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