2021 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)
(2)
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 or 186.4121 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).
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
(3)
(4)
(5)
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.
(a) The cabinet may suspend the operator's license of any resident upon receiving
(6)
(7)
(8)
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 destroyed by the cabinet. At the end of the period of
cancellation, suspension, or revocation, the license holder may reapply under KRS
186.412 or 186.4121, after the licensee has complied with all requirements for the
issuance or reinstatement of his or her 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: January 1, 2019
History: Amended 2017 Ky. Acts ch. 100, sec. 27, effective January 1, 2019. -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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