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281.6301 Criminal background checks -- Prohibition against engaging, permitting,
or employing persons convicted of certain offenses -- Administrative
regulations.
(1)
(2)
(3)
(4)
(5)
(6)
A person granted a taxicab, limousine, disabled persons vehicle, transportation
network company, household goods, charter bus, or bus certificate shall obtain and
retain for a period of at least three (3) years a nationwide criminal background
check of each certificate holder, owner, official, employee, independent contractor,
or agent operating a passenger or household goods vehicle, or whose duties may
require in person contact with the public or entry into a private residence or storage
facility for the purpose of providing or facilitating the transportation of household
goods.
A certificate holder shall not engage, permit, or employ any person, including the
certificate holder, to perform any of the duties outlined in subsection (1) of this
section if that person has been convicted of any of the following offenses:
(a) A Class A felony;
(b) A Class B felony; or
(c) A sex crime as defined in KRS 17.500.
A certificate holder shall not engage, permit, or employ any person, including the
certificate holder, to operate a motor carrier vehicle if that person has been
convicted of any of the following offenses:
(a) Leaving the scene of a traffic accident;
(b) Causing a fatality or fatalities through negligent operation of a vehicle; or
(c) Using a vehicle in the commission of a felony involving the manufacture or
distribution of a controlled substance.
A certificate holder shall not engage, permit, or employ any person, including the
certificate holder, to operate a motor carrier vehicle if that person has been
convicted of any of the following offenses in the past three (3) years:
(a) Operating a motor vehicle on a suspended license in violation of KRS
186.620(2);
(b) Operating a motor vehicle twenty-six (26) miles per hour or more in excess of
the speed limit in violation of KRS 189.390; or
(c) Racing.
A certificate holder shall not engage, permit, or employ any person, including the
certificate holder, to operate a motor carrier vehicle if that person has four (4)
convictions in the past three (3) years for operating a motor vehicle in excess of the
speed limit in violation of KRS 189.390 or for any offense which requires the
assessment of penalty points by the department.
Criminal background checks under this section shall be:
(a) Performed at the expense of the certificate holder;
(b) Completed prior to the employment of or contracting with an applicant; and
(c) Completed using an entity from an approved list issued by the department.
(7)
The department shall promulgate administrative regulations pursuant to KRS
Chapter 13A to implement the provisions of this section.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 11, effective June 24, 2015. -- Created
2014 Ky. Acts ch. 21, sec. 6, effective July 15, 2014.
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