Kentucky Administrative Regulations › Title 791 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY COMMISSION ON PROPRIETARY EDUCATION › Chapter 1 - Kentucky Commission on Proprietary Education › Section 791 KAR 1:100 - Standards for Kentucky resident commercial driver training school facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				165A.330(1),
				165A.370,
				165A.475,
				165A.510(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				165A.510(1) requires the
				commission to promulgate administrative regulations to set standards for CDL
				driver training school facilities. This administrative regulation establishes
				the commission's policy regarding standards for Kentucky resident commercial
				driver training school facilities.
Section
			 1. The following standards shall apply to Kentucky resident CDL
			 driver training school office facilities:
(1)
			 A Kentucky resident CDL driver training school location shall have and maintain
			 an established place of business in the Commonwealth of Kentucky.
(2) The established place of business of each
			 Kentucky resident CDL driver training school shall:
(a) Be owned or leased by the driver training
			 school;
(b) Regularly occupied;
			 and
(c) Solely used by that driver
			 training school for the business of:
1. CDL
			 driver training instructions for hire;
2. Preparing members of the public for
			 examination for a commercial motor vehicle operator's license; and
3. Instruction of knowledge and skills for
			 entry level tractor and trailer drivers or commercial motor vehicle
			 operators.
(3) The established place of business of each
			 Kentucky resident CDL driver training school shall be located in a district
			 zoned for business or commercial purposes. The Kentucky resident CDL driver
			 training school office shall have a permanent sign displaying the licensed
			 school name. If the classroom or training yard is at a different address, it
			 shall also have a permanent sign meeting the same criteria.
(4) The established place of business or
			 advertised address of any Kentucky resident CDL driver training school shall
			 not consist of or include a house trailer, residence, tent, temporary address,
			 office space only, a room or rooms in a hotel, rooming house or apartment
			 house, or premises occupied by a single or multiple unit dwelling house.
			 Furthermore, a modular building or structure for use as a classroom or office
			 shall be permanently affixed to the property and meet all applicable building
			 codes.
(5) The Kentucky resident
			 CDL driver training school, office, and classes shall be operated by
			 responsible personnel during stated office hours and shall be open to
			 inspection of the premises, facilities, records and vehicles by any authorized
			 representative of the commission during this time.
(6) The Kentucky resident CDL driver training
			 school shall have a business telephone used exclusively for the operation of
			 the driving school and operational during the stated office hours.
(7) A Kentucky resident CDL driver training
			 school shall not transfer its license without filing the Application to
			 Transfer Ownership of a School, Form PE-21, incorporated by reference in
			 791 KAR 1:010, Section 12, for
			 prior approval of the commission. There will be a $500 fee for a transfer of
			 ownership.
(8) If a Kentucky
			 resident CDL driver training school discontinues operations, the license and
			 applicable student records shall be surrendered to the commission, at the
			 expense of the licensee, in accordance with
			 791 KAR 1:155.
(9) A branch or satellite Kentucky resident
			 CDL driver training school shall be licensed as an independent Kentucky
			 resident CDL driver training school and meet all of the requirements of the
			 commission as provided for in KRS Chapter 165A and
			 791 KAR 1:040 to
			 791 KAR 1:100.