KRS § 186.570 — KY Code / Title XVI / Chapter 186 / Section 186.570
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
Status: in_force

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 or

her to drive upon the highways. The medical review board established in KRS

186.444 shall provide technical assistance in the review of the driving ability

of these persons;

(d) That person is a 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 in accordance with 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; or

(k) That person is a habitual violator of KRS 304.39-080. For purposes of this

section, a "habitual violator" means any person who has operated a motor

vehicle without security on the motor vehicle as required by Subtitle 39 of

KRS Chapter 304 three (3) or more times within a five (5) year period, in

violation of KRS 304.99-060(2).

(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 Office of

the Attorney General 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. sec. 651 et seq. 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 Office of the Attorney General shall be received by the

Transportation Cabinet as prescribed by administrative regulations promulgated by

the Office of the Attorney General and the Transportation Cabinet.

(3) 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 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.

(4) The cabinet or its agent designated in writing for that purpose shall provide any

person subject to the suspension, revocation, or withdrawal of his or her 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) (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.

(6) 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.

(7) 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.

(8) 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.