502 KAR | Title 502 KAR — Justice and Public Safety Cabinet - Department of State Police

Chapter 5 Personnel; General

502 KAR 5:020 Code of ethics {#sec-502-kar-5-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 5:020}

Section 1. Definitions.

(1) "Conflict of interest" means that an officer's private interests conflict with the officer's impartial conduct of official duties and responsibilities in accordance with Section 3 of this administrative regulation.

(2) "Department" is defined by KRS 16.010(7).

(3) "Officer" is defined by KRS 16.010(4).

(4) "Related party" means the spouse, parent, parent-in-law, sibling, sibling-in-law, child, or cohabitant of an officer.

(5) "Retailer" means the owners of an interest or beneficial interest in a retailer or applicant to be a retailer, and their immediate family, partners, officers, directors, employees, agents, and affiliates.

(6) "Vendor" means a person or entity the employee has reason to believe may supply or seek to supply goods or services to the department or other law enforcement agencies.

Section 2. Officer Oath. An officer shall adhere and abide by the Officer Oath, which is incorporated by reference, and the provisions of this administrative regulation.

Section 3. Conflict of Interest.

(1) General statement. An officer shall:

(a) Be free from any interest, influence, or relationship that might conflict, or appear to conflict, with the best interests of the department;

(b) Perform the officer's work in accordance with the highest standards of law and ethics and with the goal of avoiding the appearance of impropriety in all actions; and

(c) Avoid an activity or association, whether on or off duty, that knowingly creates an actual or perceived conflict of interest with the conduct of official duties.

(2) General obligations of an officer. An officer shall:

(a) Avoid the appearance that preferential treatment is being given to a person or entity;

(b) Disqualify himself or herself from the investigation of a criminal complaint, motor vehicle accident, civil complaint or other official investigation or duty that involves a relative or close associate in circumstances in which the officer's impartiality or objectivity could be questioned;

(d) Disclose fully and immediately any interest which:

The officer or the officer's related party has at the time of hiring or during employment; and
Creates, or may appear to create, a possible conflict of interest with the department or this section;

(e) Immediately notify the department of the existence of a conflict of interest and take the steps recommended by the department to eliminate the conflict of interest;

(f) Not accept a gift or other thing of value in violation of this administrative regulation; and

(g) Advise the officer's supervisors, human resources branch, or legal counsel of a possible conflict of interest and take the steps recommended by the department to eliminate the conflict of interest.

(3) Relationship with retailers and vendors of the department.

(a) An officer shall disclose the full details concerning an interest or relationship if the officer or officer's related party receives compensation from, obtains goods or services from, or owns or acquires, directly or indirectly, an interest or beneficial interest in a retailer or applicant to be a retailer or vendor.

(b) An officer in a position to influence decisions with respect to a department transaction involving a retailer or vendor shall abstain from a decision involving the retailer or vendor if the officer or officer's related party individually or aggregately owns five (5) percent or more of the equity or beneficial interest in the retailer or vendor.

(c) An officer shall not own a financial interest in a vendor that is a party to, or seeks to become a party to, a procurement contract with the department.

(d) An officer shall not provide goods or services to a third party during the officer's normal work hours.

Section 4. Filing Receipt and Disclosure Forms. An officer shall file a completed Form KSP-107, Receipt and Certification Form, with the human resources branch to:

(1) Acknowledge that the officer has an interest which might create a potential conflict of interest; or

(2) Affirm that the officer does not have an interest which creates a potential conflict of interest.

Section 5. Financial Disclosure.

(1) A director of the Kentucky State Police shall file a completed Statement of Financial Disclosure with the Human Resources Branch Commander, with a copy forwarded to the Executive Branch Ethics Commission, by April 15 of the following year.

(2) If a director does not remain with the department for the entire calendar year, the director shall file the statement for the portion of the calendar year that he was employed by the department within thirty (30) days after separation.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Officer Oath, 11/2002;

(b) Form KSP-107, Receipt and Certification Form, November 2002; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Custodian of Records, Kentucky State Police Headquarters, 919 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 11A.015, 16.080(1), 16.140
STATUTORY AUTHORITY: KRS 16.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.080(1) requires the Commissioner of the Department of State Police to promulgate an administrative regulation for the conduct of officers of the department. This administrative regulation establishes the Kentucky State Police Code of Ethics.
History: 28 Ky.R. 2752; Am. 29 Ky.R. 2092; eff. 2-16-03; Crt eff. 2-25-2020.

Chapter 10 Driver Training

502 KAR 10:010 Definitions {#sec-502-kar-10-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:010}

Section 1. Definitions.

(1) "Commissioner" is defined by KRS 332.015(2).

(2) "Driver training" is defined by KRS 332.015(3).

(3) "Driver training instructor" means any person who gives driver training or offers a course of driver training for which a fee or tuition is charged.

(4) "Place of business" means a designated location at which the business of the driver training school is conducted.

(5) "Branch office" means an approved location where the business of the driver's school is conducted, other than the principal place of business.

(6) "High school education or the equivalent in experience" means any high school diploma or the ability to pass a General Educational Development Test.

History

RELATES TO: KRS 332.015
STATUTORY AUTHORITY: KRS 15A.160, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216 provide that the the Commissioner of the Department of Kentucky State Police may adopt such administrative regulations necessary to carry out the provisions of KRS Chapter 332. This administrative regulation establishes the definitions to be utilized in the driver training schools and instructors administrative regulations.
History: PSfty-DTS-1; 1 Ky.R. 1031; eff. 6-11-75; Am. 12 Ky.R. 1619; eff. 5-6-1986; 48 Ky.R. 1260, 49 Ky.R. 334; eff. 8-16-2022.

502 KAR 10:020 Department facilities; facility inspection; conflict of interest {#sec-502-kar-10-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:020}

Section 1. General Prohibitions on Premises.

(1) A driver training school instructor, employee, or agent shall not be permitted to loiter in or on premises rented, leased, owned, or used by the department.

(2) A driver training school instructor, employee, or agent shall not be permitted to personally solicit any individual on premises rented, leased, owned, or used by the department for the purpose of enrolling them in any driver training school.

(3) Practice driving shall be prohibited on testing areas used by the department while driving tests are in progress.

Section 2. Inspections.

(1) A driver training school shall permit any authorized representative of the department to inspect the school at any time.

(2) The driver training school shall make available to the department full information relating to data contained in its application forms and shall permit the department's representative to make copies of school records required by the department.

Section 3. A person whose duties relate in any way to the issuance of motor vehicle operator's license, any employee of the department, or any member of the person's or employee's immediate family, shall not be connected in any capacity whatsoever with a driver training school.

History

RELATES TO: KRS 332.216
STATUTORY AUTHORITY: KRS 15A.160, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216 provide that the Commissioner of the department may adopt such administrative regulations necessary to carry out the provisions of KRS Chapter 332. This regulation establishes the department's policy regarding department premises, facility inspection, and conflict of interest.
History: PSfty-DTS-8; 1 Ky.R. 1032; eff. 6-11-1975; Am. 12 Ky.R. 1620; eff. 5-6-1986; 48 Ky.R. 1262; 49 Ky.R. 335; eff. 8-16-2022.

502 KAR 10:030 Instructor's license {#sec-502-kar-10-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:030}

Section 1. A person seeking to be licensed as a driver training instructor shall submit an application with required documents to the Kentucky State Police Drivers Testing Branch at the address in Section 12 of this administrative regulation .

Section 2. The driver training instructor license application shall indicate the name and address of the driver training school employing the applicant and shall be signed by an agent or representative of the driver training school. The application shall be verified under oath and signed by the applicant.

Section 3. The driver training instructor license applicant shall submit to the Drivers Testing Branch at the address in Section 12 of this administrative regulation the following:

(1) A duly completed driver training instructor application, KSP 107;

(2) The fee set in KRS 332.204(4) in the form of a certified check or money order made payable to the Kentucky State Treasurer;

(3) Three (3) identical photographs that:

(a) Are one and one-half (1 1/2) inches by one and one-half (1 1/2) inches; and

(b) Show a full face view of the applicant's neck and uncovered head;

(4) A physical examination report, including the following:

(a) Results of an eye examination showing the visual acuity of the applicant to be at least 20/20 in one (1) eye and 20/40 in the other, or 20/30 in each eye separately with or without corrective lenses;

(b) Showing that the applicant has at least one (1) functional:

Eye;
Hand; and
Foot; and

(5) Proof of age by copy of birth certificate or valid driver's license;

(6) Proof of education by copy of diploma or GED certificate; and

(7) A Driver Training Instructor's Examination Report, KSP 110, if the applicant has obtained a passing score.

Section 4. The driver training instructor examination shall be administered by the department.

(1) The examination shall consist of a written theoretical examination prepared and administered by the department and embracing subject matter pertinent to the care, operation, and use of a motor vehicle on the highways, and to general safety principles and practices, both for the purpose of testing an applicant's competency and fitness in the operation of a motor vehicle and in providing classroom instruction, including rules of the road, safe driving practices, pedestrian safety, mechanics of motor vehicles, driver responsibility, the Kentucky point system, types of automobile insurance, and use of automobile safety devices. The results of the examination shall be recorded on the Drivers Training Instructors Examination Report, KSP 110.

(2) The department may also test the applicant for depth perception, peripheral vision, and reaction time.

Section 5. All applicants who pass the instructor's examination and who are qualified pursuant to KRS 332.204(3) and this administrative regulation shall be issued a driver training instructor license certifying the instructor for both classroom and practical instruction and containing the instructor's photograph, the name and address of the licensee, and the name and address of the driver training school by whom the instructor is employed. The license shall be:

(1) Nontransferable;

(2) Carried and displayed in compliance with KRS 332.206; and

(3) Surrendered to the Drivers Testing Branch upon expiration, revocation, suspension, mutilation of the physical license, or the instructor's separation from employment with the driver training school listed on the license.

Section 6. A driver training instructor license shall expire on June 30 of each year or upon separation from employment by the driver training school listed on the license. License renewal shall require submission of a new application pursuant to Section 3 of this administrative regulation, including payment of fees. A renewal application, supporting documents, and fees shall be submitted to the Drivers Testing Branch by June 30 of each year.

Section 7. If a license is lost, mutilated, or destroyed, a duplicate license will be issued upon proof of the date the license was lost or destroyed and the circumstances involving the loss, mutilation, or destruction. A five (5) dollar replacement fee shall be paid for a duplicate license.

Section 8. Any applicant who has previously been licensed as a driver training instructor but has not been so employed within two (2) years preceding application shall apply as an original applicant.

Section 9. Any instructor who has had the instructor's license suspended or revoked or any applicant denied a license may apply again six (6) months following the suspension, revocation, or denial.

Section 10. The department shall not issue a driver training instructor license to any applicant who has been convicted of two (2) or more moving hazardous traffic violations within the two (2) year period immediately preceding the date of application.

Section 11. A driver training school shall complete a Driver Training School License Information Notice of Change, KSP 115, within ten (10) days of termination of employment of an instructor or agent, or if there is any change in the address of any owner, partner, officer, or driving instructor.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Driver Training Instructor Application". KSP 107, 2009 edition;

(b) "Driver Training Instructor's Examination Report", KSP 110, 2001 edition; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Drivers Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or at any KSP regional driver testing office. This material is also available on the agency Web site kentuckystatepolice.org under drivers testing.

History

RELATES TO: KRS 332.204
STATUTORY AUTHORITY: KRS 15A.160, 332.204, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 332.204(3) requires the department to establish an application process for the licensing of instructors for driver training in the operation of noncommercial motor vehicles. This administrative regulation establishes the requirements for the application and licensing for a driver training instructor.
History: 1 Ky.R. 1032; Am. 2 Ky.R. 123; eff. 8-13-1975; 12 Ky.R. 1620; 1831; eff. 5-6-1986; 48 Ky.R. 1263, 2241; eff. 8-16-2022.

502 KAR 10:035 Commercial driver's license skill testing {#sec-502-kar-10-035 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:035}

Section 1. Application for Authorization. Persons desiring to administer the skills test for commercial driver's licenses shall make a written request to the Kentucky State Police Driver Testing Branch . The request shall be accompanied by:

(1) A copy of a current driver's training school or instructor's license; and

(2) Proof of satisfactory completion of a CDL examiner's training course approved by the U.S. Department of Transportation, Federal Highway Administration (FHWA).

Section 2. Issuance of Authorization. Upon receipt of a written request from a qualified person, the Driver Testing Branch of the Department of Kentucky State Police shall issue a letter of authorization to conduct the CDL skills test. The letter of authorization shall be considered an endorsement to the drivers training school or instructor's license and shall be subject to the same terms and conditions as school or instructor's license.

Section 3. Skills Test Requirements. Persons authorized to administer the CDL skills test shall be subject to the following additional requirements:

(1) Administration of skills tests shall comply with 49 C.F.R. 383.75, Subparts G and H.

(2) Persons administering the skills tests shall, without deviation, administer the test in accordance with the AAMVA's 2005 CDL Test System Model CDL Examiner's Manual.

(3) Persons administering the skills tests shall, following the road test, immediately submit passing results to the Kentucky State Police Driver Testing Branch by email to KSPCDL-Scores@ky.gov.

Section 4. Processing Fee. A processing fee of twenty-five (25) dollars shall accompany the written request to administer the skills test.

History

RELATES TO: KRS 165A.310, 281A.160, 49 C.F.R. 383.75, 49 C.F.R. 383.131
STATUTORY AUTHORITY: KRS 165A.310, 281A.150(2), (3), 281A.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.160 requires the Department of Kentucky State Police to promulgate administrative regulations to implement the provisions of the statute, which allows third parties to administer the skills test for commercial driver's licenses. This administrative regulation establishes procedures for authorization and testing.
History: 21 Ky.R. 1602; eff. 1-24-1995; 48 Ky.R. 1264, 49 Ky.R. 335; eff. 8-16-2022.

502 KAR 10:040 Training school facilities {#sec-502-kar-10-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:040}

Section 1. Driver Training School Standards.

(1) The driver training school shall have and maintain an established place of business in the Commonwealth of Kentucky.

(2) The established place of business of each driver training school shall be owned or leased by the driver training school and regularly occupied and primarily used by that driver training school for the business of:

(a) Giving driving instructions for hire; and

(b) Preparing members of the public for examination given by the department for a motor vehicle operator's license.

(3) The established place of business of each driver training school shall be located in a district zoned for business or commercial purposes. The driver training school office shall have a permanent sign displaying the school name in letters at least six (6) inches in height and visible from the street or road on which the school is located. If the classroom is at a different address, the classroom shall have a permanent sign meeting the same criteria. The hours during which the driver training is conducted shall also be displayed. If these requirements do not comply with local zoning laws, the department shall permit a sign of a type that does comply.

(4) The established place of business or advertised address of any 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. This requirement shall not apply to a driver training school that was already established and operational on or before June 16, 1966.

(5) The place of business 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 cabinet during this time.

(6) The place of business shall have a business telephone used exclusively for the operation of the driving school.

(7) A driver training school shall employ at least one (1) driver training instructor licensed pursuant to KRS 332.204 and 502 KAR 10:030.

(8) A driver training school shall have at least one (1) motor vehicle registered in the name of the school pursuant to 502 KAR 10:070.

(9) A driver training school shall not transfer its license nor change its place of business without the prior approval of the department. A transfer of ownership shall be treated as an initial application for a driver training school license.

Section 2. Driver Training School License Application.

(1) A Driver Training School Application, KSP 106, shall be submitted to the Kentucky State Police Driver Testing Branch for a driver training school facility. If a school has more than one facility, it shall designate one of the facilities as the primary driver training school facility.

(2) The application fee set by KRS 332.204(2) shall be provided with the written application. The fee may be refunded if the application is denied.

(3) The application shall state:

(a) Name of the driver training school;

(b) Address of the driver training school;

(d) Whether the school is a sole proprietorship, corporation, or association; and

(e) Name, address, and telephone number of all owners, partners, associates, processing agents, officers; and managers.

(4) Each owner, partner, officer, and manager shall complete a Driver Training Instructor Application. The health history portion of the application shall not be required unless the applicant is applying for an instructor's license and to meet the requirements of 502 KAR 10:030.

Section 3. Driver Training School Branch Office.

(1) A driver training school branch office shall meet the standards of a driver training school as required in KRS 332.204 and this administrative regulation.

(2) A Driver Training School Application shall be submitted to the Kentucky State Police Driver Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601 for each driver training school branch office. The branch office application fee shall be one hundred (100) dollars for each branch office. Payment shall be in the form of a certified check or money order made payable to the Kentucky State Treasurer. The fee shall be provided with the written application. The fee may be refunded if the application is denied.

(3) If the application is approved, the department shall issue a copy of the license of the primary driver training school facility, appropriately endorsed, for use at the branch office. This copy shall be conspicuously displayed in the branch office at all times.

(4) A branch office or its equipment shall not be moved to a new location without prior approval of the department.

Section 4. Change in License Information.

(1) A Driver Training School License Information Notice of Change, KSP 115, shall be submitted to the Drivers Testing Branch for a primary office or a branch office within ten (10) days for:

(a) Change of school name;

(b) Change of address;

(d) Addition, change, or departure of owner, partner, officer, or manager;

(e) Closure of a school or branch office. The license shall be surrendered to the Drivers Testing Branch immediately at 1250 Louisville Road, Frankfort, Kentucky 40601;

(f) Renewal of a driver training instructor license;

(g) Transfer of a driver training instructor license;

(h) Change of a driver training instructor's name or personal information on the license;

(i) Termination of a driver training instructor;

(j) Addition or removal of a fleet vehicle; or

(k) Change, renewal, cancellation, or termination of fleet liability insurance.

(2) The Driver Training School License Information Notice of Change shall be submitted ten (10) days prior to cancellation or termination of insurance.

Section 5. Driver Training Motor Vehicles. A Driver Training School Fleet Information, KSP 118, shall be submitted with the application listing all motor vehicles owned, leased, registered, or insured in the name of the driver training school. All motor vehicles shall comply with the provisions of 502 KAR 10:070.

Section 6. Classroom Facilities.

(1) The classroom facility of each driver training school shall be reasonably near its office facility and within thirty (30) minutes normal driving time of that facility.

(2) The classroom shall contain sufficient space and equipment to carry on the business of giving classroom instruction for students enrolled in the driver training school, and preparing students for examination for a motor vehicle operator's license.

(3) The classroom facility shall have adequate lighting, heating, ventilation, and sanitation facilities, and shall comply with all state and local laws relating to public health, safety, and sanitation.

(4) The classroom facility shall contain the following equipment and supplies:

(a) Individual desks or tables providing writing surfaces for not less than eight (8) students;

(b) Blackboards or whiteboards that are visible from all seating areas;

(d) Audio visual equipment consistent with modern technology; and

(e) A copy of this administrative regulation displayed so as to be accessible to all students.

(5) The following suggested teaching aids may be used:

(a) A reaction time testing device;

(b) Peripheral vision testing device;

(d) Other devices that may help to acquaint students with traffic laws and prepare them to safely operate motor vehicles.

(6) A minimum of four (4) hours of classroom instruction shall be available to each student receiving driving training from a driver training school.

Section 7. Theoretical and Practical Instruction.

(1) Practical instruction in driver training shall;

(a) Include the demonstration of, and actual instruction in, starting, stopping, shifting, turning, backing, parking, and steering; and

(b) Take place in a training vehicle, that meets the regulatory requirements set forth herein.

(2) Theoretical instruction in driver training shall include subject matter relating to rules of the road, safe driving practices, pedestrian safety, mechanics of motor vehicles, driver responsibility, the Kentucky point system, types of automobile insurance, and use of automobile safety devices.

Section 8. Student Fees and Charges.

(1) A school shall publish a schedule of fees or charges for behind-the-wheel lessons, classroom lessons, and all other fees or charges made by the school. A copy of this schedule shall be filed with the department at the address in Section 10 of this administrative regulation.

(2) A school shall inform each student, prior to the time instruction commences, of the character and amount of any fees or charges made for enrollment registration, tuition, and use of any other service, equipment or materials provided by the school.

Section 9. Relocation. Prior to the relocation of a driver training school office, branch office, or any school equipment, the department shall be notified and the new location shall be inspected and approved, if the school office, branch office, or equipment complies with the requirements of this administrative regulation.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Driver Training School Application", KSP 106, 2009 edition;

(b) "Driver Training School License Information Notice of Change", KSP 115, 2006 edition; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Drivers Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and at any KSP regional driver testing office. This material is also available on the agency Web site kentuckystatepolice.org under driver testing.

History

RELATES TO: KRS 332.204
STATUTORY AUTHORITY: KRS 15A.160, 332.095, 332.204, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 332.202 and 332.204 require the department to establish a licensure process for driver training schools for instruction of persons in the operation of motor vehicles that are not commercial motor vehicles. This administrative regulation establishes the licensure process and standards for driver training schools.
History: PSfty-DTS-3-A, 3-B, 3-C; 1 Ky.R. 1032; eff. 6-11-1975; Am. 12 Ky.R. 1622; 1832; eff. 5-6-1986; 48 Ky.R. 1266, 2243; 49 Ky.R. 335; eff. 8-16-2022.

502 KAR 10:050 Contracts and agreements {#sec-502-kar-10-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:050}

Section 1. Each school shall file and maintain a list of persons authorized to execute contracts on behalf of the driver's school with the department. A complete signature record form shall be filed with the department for each person authorized to sign contracts for the school.

Section 2. Each school which uses contracts or agreements shall furnish the department with blank copies of each form used.

Section 3. Any student who signs a contract or agreement with a driver training school shall receive a copy of the contract and the original retained and filed by the school. These contracts shall be made available to any authorized representative of the department upon request.

Section 4. All contracts used by a commercial driver training school shall contain the following:

(1) The name and address of the school. If the school is conducted under an assumed name or is operated by a corporation, partnership or association, the agreement shall contain the name of the individual owner, or the names of the officers of the corporation, association, or members of the partnership as the department may require.

(2) All contracts shall contain the following statement. "This constitutes the entire agreement between the school and the student and no verbal statements or promises will be recognized."

(3) The fee charged for each lesson, if fees are charged for individual lessons, or the fee for the entire series of lessons agreed upon.

(4) A statement indicating that these administrative regulations of the driver training schools are available on the school premises for the examination by the student.

History

RELATES TO: KRS 332.216
STATUTORY AUTHORITY: KRS 15A.160, 332.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216 provide that the department may adopt administrative regulations necessary to carry out the provisions of KRS Chapter 332. This administrative regulation establishes the department's policy regarding contracts and agreements involving driver training schools.
History: PSfty-DTS-7; 1 Ky.R. 1033; eff. 6-11-1975; Am. 12 Ky.R. 1624; eff. 5-6-1986; 48 Ky.R. 1268; 49 Ky.R. 337; eff. 8-16-2022.

502 KAR 10:060 School advertising {#sec-502-kar-10-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:060}

Section 1. A person shall not advertise a driver training school or driver training of any type in this state unless licensed by the department.

Section 2. A school shall not use any name other than its licensed name, and a school shall not advertise or imply that it is "supervised," "recommended," "endorsed," "accredited," or "approved" by the Kentucky State Police or the Commonwealth of Kentucky. A reference shall be made to past or present association with any police agency by any person now an officer or employee of the school. Driver training schools which are licensed by the department may advertisethat they are "inspected and licensed by the Kentucky State Police."

Section 3. A driver training school shall not:

(1) Make any false or misleading claim in any of its advertising;

(2) Use a name that is like or deceptively similar to a name used by another driver training school;

(3) Advertise or imply that free lessons will be given to students who fail a motor vehicle operator's license examination.

Section 4. Each telephone directory listing or telephone advertisement of a driving school shall include the address or addresses of the driving school's established place or places of business. Addresses of telephone answering services that are not established places of business shall not be shown in any media of advertisement or telephone directory listing.

Section 5. A driver training school shall not claim or imply that it will guarantee;

(1) Employment upon completion of a course of instruction; or

(2) The securing of a license to drive a motor vehicle.

Section 6. A copy of each telephone directory or similar directory advertisement of a driver training school shall be submitted to the department by the school at the same time it is placed for publication.

History

RELATES TO: KRS 332.216
STATUTORY AUTHORITY: KRS 15A.160, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216 authorize the department to establish administrative regulations necessary to carry out the provisions of KRS Chapter 332. This administrative regulation establishes the department's policy regarding advertising by driver training schools.
History: PSfty-DTS-6; 1 Ky.R. 1033; eff. 6-11-1975; Am. 12 Ky.R. 1624; eff. 5-6-1986; 48 Ky.R. 1269; 49 Ky.R. 338; eff. 8-16-2022.

502 KAR 10:070 Training vehicle, annual inspection {#sec-502-kar-10-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:070}

Section 1. Driver training motor vehicles shall be presented to any authorized representative of the Kentucky State Police Driver Testing Branch at least once a year for inspection.

Section 2. All motor vehicles used to give driver training instruction shall have a current safety inspection certificate issued by the department which shall be kept in the vehicle .

Section 3. The motor vehicle shall be:

(1) In a safe operating condition, not more than ten (10) years old;

(2) Insured as required in KRS 332.204(1)(d);

(3) Registered with the department in the name of a driver training school as required by 502 KAR 10:040;

(4) Equipped with dual controls on the foot brake, and on the clutch, if any, to enable the instructor to bring the car under control in case of emergency. The driver training school may offer instruction in both manual and automatic transmission vehicles; and

(5) Equipped with seat belts that shall be used by both student and instructor;

(6) Emergency ignition-kill toggle switch on instructor's side;

(7) Equipped with outside mirror on both driver's side and instructor's side; and

(8) Owned or leased by the school.

Section 4. The full name of the driver training school shall be prominently displayed on both front and rear of such vehicle in letters at least two (2) inches high and in colors vividly contrasting with the color of the vehicle.

Section 5.

(1) The driver training school and the driver training instructor shall insure that all training vehicles are inspected annually.

(2) If any items in Section 3 are found to be missing, or insufficient, the vehicle may be determined uncertifiable, and the driver training school may be directed to:

(a) Correct any condition that renders a vehicle unsafe for operation,

(b) Have mechanical or equipment deficiencies corrected by a certified mechanic, or

(3) Any vehicle that is determined to be uncertifiable shall be reinspected and have all corrections verified by the Driver Testing Branch prior to being approved for operation by the driver training school.

Section 6. A Driver Training School Fleet Information form, KSP 118, shall be submitted to the Driver Testing Branch within ten (10) days if:

(1) A driver training vehicle is added to the fleet of a primary or branch office location;

(2) A driver training vehicle is removed from the fleet of a primary or branch office location;

(3) A primary or branch office license is renewed as required by 502 KAR 10:040.

Section 7. Incorporated by reference.

(1) "Driver Training School Fleet Information", KSP-118, 2022 edition is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Driver Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and at any KSP regional driver testing office. This material is also available on the agency website kentuckystatepolice.org under driver testing.

History

RELATES TO: KRS Chapter 332
STATUTORY AUTHORITY: KRS 15A.160, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 332.216 requires the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 332. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. This administrative regulation establishes the inspection of driver training motor vehicles used by driver training schools.
History: PSfty-DTS-4; 1 Ky.R. 1034; eff. 6-11-1975; Am. 12 Ky.R. 1625; eff. 5-6-1986; 48 Ky.R. 1270, 2246; eff. 8-16-2022.

502 KAR 10:080 License suspension, revocation, denial {#sec-502-kar-10-080 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:080}

Section 1. In addition to the provisions of KRS 332.216, and in accordance with KRS 332.210, the commissioner of the department shall upon receipt of satisfactory evidence, suspend, revoke, refuse to issue, or refuse to renew the license of a driver training school or a driver training instructor if:

(1) The licensee fails or refuses to comply with the provisions of KRS Chapter 332 or 502 KAR Chapter 10.

(2) The licensee has made a false material statement or has concealed a material fact in connection with his or her application.

(3) The licensee or any officer, director, partner, or other person directly interested in the driver training school held a license issued under KRS Chapter 332 that was revoked or suspended and not reinstated.

(4) The licensee has been guilty of a fraudulent practice in attempting to obtain for himself, herself, or another a license to operate a motor vehicle.

(5) Written notice of the cancellation of insurance required by KRS 332.204 is received by the commissioner, and the licensee does not present satisfactory evidence of insurance to the commissioner prior to the effective date of the cancellation.

(6) The licensee has failed to maintain adequate standards of instructions or safe and necessary equipment that is needed to give proper driver training instruction.

(7) The licensee is employing instructors or agents who have not been licensed by the department.

(8) The licensee has been convicted of a felony, or any crime involving violence, dishonesty, deceit, indecency, immoral conduct, or sexual abuse.

(9) The licensee or any officer, director, partner, person directly interested in the driver training school, or any instructor licensed under the name of the school has in their possession a copy of the department's driver licensing examination questions or their equivalent, or attempts to obtain a copy of these test questions for the purpose of making them available to their students or any other person.

(10) The licensee has failed to provide or maintain premises, equipment, or conditions which are adequate, safe, and sanitary in accordance with 502 KAR Chapter 10.

(11) The licensee or any officer, director, partner, instructor, agent, or other person actively involved in the driver training school is addicted to the use of alcohol, morphine, cocaine, or other mood-altering drug.

(12) The licensee or any officer, director, partner, instructor, agent, or other person actively involved in the driver training school has been legally adjudged mentally incompetent.

Section 2. The license of a driver training instructor shall be revoked if the instructor is convicted of:

(1) Driving a motor vehicle while under the influence;

(2) Leaving the scene of an accident;

(3) Reckless homicide;

(4) Two (2) moving hazardous violations within a two (2) year period; or

(5) Driving when addicted to, or under the influence of, narcotic drugs.

History

RELATES TO: KRS 332.216
STATUTORY AUTHORITY: KRS 332.202, 332.210, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations for the administration of all laws and functions which are vested in the cabinet, except for laws and functions vested in the Department for Public Advocacy. KRS 332.216 requires the Department of Kentucky State Police to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 332. This administrative regulation establishes the department's policy regarding suspensions, revocations, or denials of licenses for driver training schools and driver training instructors.
History: PSfty-DTS-9; 1 Ky.R. 1034; eff. 6-11-1975; Am. 12 Ky.R. 1626; eff. 5-6-1986; 48 Ky.R. 1272, 49 Ky.R. 338; eff. 8-16-2022.

502 KAR 10:090 Procedure for denial, suspension, nonrenewal or revocation hearings {#sec-502-kar-10-090 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:090}

Section 1. Definitions.

(1) "Commissioner" is defined by KRS 332.015(2).

(2) "Contested case" means an adjudicatory proceeding before the department in which the legal rights, duties, or privileges of any person are required by law to be determined after an opportunity for a hearing, without regard to whether the proceeding is instituted by the department, or by some other person.

(3) "Department" is defined by KRS 332.015(1).

(4) "Party" means any person or agency named or admitted as a party to any proceedings conducted pursuant to 502 KAR Chapter 10 and includes only persons who have a real interest in the matter before the commissioner of the department.

(5) "Person" means any individual, sole proprietorship, partnership, corporation, association, or public or private organization of any character.

(6) "Order" means the whole, or any part, of a final disposition of an adjudication..

Section 2. Complaints and Investigations.

(1) Complaints.

(a) A complaint may be made by any person against the holder of a license by the filing of written charges with the commissioner. The written complaint shall contain:

The name and address of any person making charges, as well as the name and address of the person or persons against whom charges are being made; and
A clear and concise statement of the facts giving rise to the complaint.

(b) Any complaint or charge filed with the department shall be forwarded to the licensee involved and the licensee shall be given thirty (30) days to resolve the problem or make a full satisfactory reply. Any defamatory matter in a formal written complaint shall be excised by the commissioner prior to the complaint being forwarded to the licensee.

(2) Investigations. Upon the receipt of a complaint and following the expiration of the thirty (30) days provided for in subsection (1) of this section, the commissioner may cause an investigation to be made. Upon the completion of any investigation, the person or persons making the investigation shall submit a full written report to the person designated by the commissioner to prosecute the matter in an adjudicatory proceeding.

Section 3. Commencement of Adjudicatory Proceedings. Upon the request of the prosecutor or after the expiration of the thirty (30) day period referred to in Section 2(1) of this administrative regulation if an investigation is not made, the commissioner may begin formal adjudicatory proceedings in accordance with the following procedure:

(1) If it is determined that the facts alleged in the complaint or investigative report may constitute grounds for the suspension, probation, or revocation of a license, a hearing shall be scheduled before the commissioner, or his or her designated hearing officer, on those allegations. If an application for license or renewal of license has been denied, a hearing shall only be scheduled upon receipt by the commissioner of a written request submitted by or on behalf of the person whose application for license was denied or not renewed. Any required hearing shall be held within three (3) months, or as soon as practicable, after the receipt by the commissioner of a written request for a hearing. In any contested case, whether it be instituted by the department or by some other person, all the parties to the proceeding shall be given reasonable notice and an opportunity to be heard.

(2) Notice. The notice provided for shall be issued in the name of the department by the commissioner or designated hearing officer and shall state:

(a) The time, date, place, and nature of the hearing;

(b) The legal authority and jurisdiction under which the hearing is to be held;

(d) A short and plain statement of the complaint or charges which are being proffered and the remedy that is being sought. The notice shall be personally served or mailed to the last known address of the party or parties not less than twenty (20) days before the date of the hearing, in accordance with KRS 13B.050.

(3) Appearance and service. In any contested case, the parties to the proceeding shall have the right to:

(a)

Appear personally at the hearing, and by counsel;
Cross-examine witnesses appearing against them; and
Produce witnesses on their behalf.

(b) When a party has appeared by an attorney, or otherwise designated an attorney as his representative, all communications, notices, orders, or other correspondence shall be served on this attorney. Service on the attorney shall be considered as service on the party, and the hearing officer shall be notified of any change in the attorney.

(4) The commissioner or his or her designated hearing officer shall preside over the hearing proceedings. If the commissioner presides, he or she may have assistance of counsel to rule on evidentiary matters.

(5) Authority to administer oaths. In hearings before the commissioner or hearing officer, any oath or affirmation required may be administered by any person authorized to administer oaths by the laws of the Commonwealth of Kentucky.

(6) Presentation of evidence. The evidence against the licensee or other person concerning the pending complaint or charge shall be presented by the designated prosecutor. Additionally, any witness or other evidence may be questioned or introduced by the presiding officer.

Section 4. Conduct of Hearings; Witnesses; Burden of Proof; Evidence. The hearing shall be conducted in accordance with the requirements of KRS 13B.080.

(1) The presiding officer may hear testimony of any person present at the hearing who has information to offer on the subject matter of the hearings. The presiding officer may ask any witness questions as may be required for a full and true disclosure of the facts. The presiding officer shall have only one (1) witness at a time, and other witnesses may be excluded from the hearing room while any one (1) witness is being questioned.

(2) The hearing in a contested case involving a suspension, probation, or revocation of a license shall proceed in the following order, unless the presiding officer, for special reasons otherwise directs:

(a) The party filing the complaint or proffering the charges, or the persons appointed or designated to present the evidence against the licensee, shall briefly state the substance of the charges and the evidence by which he or she expects to sustain them.

(b) The party against whom a complaint has been filed or charges otherwise proffered may briefly state the substance of his or her defense and the evidence which he or she expects to offer in support of it.

(c) The party filing the complaint or otherwise proffering the charges, or the designated prosecutor, shall have the burden of proof in the whole action and produce his or her evidence first. The party against whom a complaint has been filed or charges proffered may then produce his or her evidence. The presiding officer, however, may regulate the order of proof in any proceeding to expedite the hearing and to enable the presiding officer to obtain a clear view of the whole evidence.

(d) The parties shall then be confined to rebuttal evidence, unless the presiding officer, in accordance with KRS 13B.080, permits them to offer additional evidence in chief.

(e) The parties may then submit the matter to the presiding officer for consideration, or present arguments on the issues involved. In the arguments, the party filing the complaint or otherwise proffering the charges, or the designated prosecutor, shall have the conclusion, and the party against whom the complaint was filed or charges otherwise proffered shall have the opening.

(3) In a hearing requested in writing by a person whose application for a license has been denied or not renewed, the burden of proof and order of proceedings delineated in subsection (2) of this section shall be reversed.

(4) In any contested case, the presiding officer shall, as far as practical, adhere to the following rules of evidence:

(a) Any evidence which would be admissible under the statutes of the Commonwealth of Kentucky, and under the rules of evidence followed by circuit courts of the Commonwealth of Kentucky, shall be admitted in hearings before the presiding officer, except that the presiding officer may admit evidence that would be inadmissible in the courts if the evidence is of the type commonly relied upon by a reasonable, prudent person in the conduct of his or her affairs.

(b) Every party shall have the right to present oral or documentary evidence, exhibits, and rebuttal evidence and conduct cross-examination that may be required for a full and true disclosure of the facts. Documentary evidence may be introduced in the form of copies or receipts if the original is not readily available if upon request, the parties or the presiding officer shall be given an opportunity to compare the copy with the original.

(c) If a hearing will be expedited and the interests of the parties will not be substantially prejudiced, all or part of the evidence may be received in written form by affidavit or prepared statement. Prepared statements shall not be read or made a part of the record until the party against whom the statement is offered has been given a reasonable time for review and objection.

(d) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded and the presiding officer shall give effect to the rule of privilege recognized by the laws of the Commonwealth of Kentucky.

(e) The presiding officer may take notice of judicially cognizable facts.

(f) Objections to evidentiary offers may be made and shall be noted in the record.

(5) The parties to any hearing may agree to waive any one (1) or more of the procedural steps that would otherwise precede the reaching of a final decision by the commissioner, but this waiver shall not be binding on the commissioner.

Section 5. Deliberations; Records; Final Order.

(1) Deliberations. During any hearing and after the case has been submitted to the commissioner or hearing officer for decision, deliberations shall be governed by the following principles:

(a) Ex parte investigations. The commissioner, hearing officer, or any other person who shall make findings of fact and conclusions of law in a contested case shall not, once a hearing has commenced, consult with any person or party in connection with any issue of fact or law, except upon notice and opportunity for all parties to participate. The commissioner or hearing officer may have the aid and advice of one (1) or more personal assistants, including the assistance of counsel.

(b) Separation of functions. An officer, employee, or agent of the department who is engaged in the performance of investigative or prosecuting functions in a contested case shall not, in that or a factually related case, participate or advise in the decision except as a witness or counsel in the public hearing.

(c) Examination of evidence. The commissioner or hearing officer shall personally consider the whole record, or portions of the record as may be cited by the parties before a decision is reached.

(d) The presiding officer may recess a hearing for the taking of additional discovery and evidence as required.

(2) Record. The record shall include all pleadings, motions, exhibits, documentary and testimonial evidence received or considered, a statement of matters officially noticed, and questions and offers of proof and rulings. If any party requests a written transcript of the proceedings, the party shall be required to pay for the transcript.

(3) Recommended order. If the commissioner designates a hearing officer as presiding officer of a hearing in a contested case, the hearing officer shall, as soon as practical after the conclusion of the hearing, but at a minimum, no later than thirty (30) days after the hearing, prepare findings of fact, conclusions of law, and a recommended order and provide a copy toon all parties. The parties shall have ten (10) days following entry of the recommended order to file objections and comments with the commissioner. The commissioner shall consider the record and the hearing officer's report consisting of a synopsis of procedural matters, findings of fact, conclusions of law, the recommended order, and any objections or comments filed by the parties before rendering a final order.

(4) Final order. The final decision in any case in which a hearing is required or requested shall be in writing and shall be made a part of the official record. It shall include a concise and explicit statement of the findings of fact and conclusions of law, separately stated, and shall be signed by the commissioner. One (1) copy of the order shall be served on each party to the proceeding. Motions to correct clerical errors may be filed within ten (10) days after entry of the final order. Any subsequent modifying order shall be served on all parties.

History

RELATES TO: KRS 165A.460
STATUTORY AUTHORITY: KRS 15A.160, 332.216
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216 authorize the department to establish administrative regulations necessary to carry out the provisions of KRS Chapter 332. This administrative regulation outlines the administrative adjudication procedures of the department in license denial, suspension, nonrenewal and revocation hearings.
History: 12 Ky.R. 1696; eff. 5-6-1986; 48 Ky.R. 1273; 49 Ky.R. 339; eff. 8-16-2022.

502 KAR 10:110 Third-party CDL skills test examiner standards {#sec-502-kar-10-110 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:110}

Section 1. Definitions.

(1) "AAMVA" means the American Association of Motor Vehicle Administrators.

(2) "CDL" means a commercial driver license.

(3) "DOE" means the Kentucky Department of Education.

(4) "Family member" means:

(a) The current and former spouse, if any, of a third-party skills test examiner;

(b) A person within the third degree of relationship to any of them; or

(5) "FMCSA" means the Federal Motor Carrier Safety Administration.

(6) "KSP" means the Kentucky State Police.

(7) "MOA" means memorandum of agreement.

(8) "Third-party CDL skills test examiner" means an employee of the DOE or a local board of education who, pursuant to a MOA entered into between KSP and their employer, administers CDL skills tests to other DOE or local board of education employees who are seeking a CDL to operate publicly-owned school buses, and persons retained by KSP under contractual agreement to administer CDL skills test to CDL applicants.

Section 2. Third-Party CDL Skills Test Examiner Minimum Qualifications. DOE employees or persons seeking to enter a contractual agreement with KSP to act as a third-party CDL skills test examiner shall satisfy the following minimum qualifications for initial appointment and retention. The individual:

(1) Shall not have accrued more than six (6) demerit points on their driving record;

(2) Shall possess a high school diploma or GED;

(3) Shall, if a DOE employee, possess a Class A or B CDL with passenger and school bus endorsements;

(4) Shall, if a third-party contract examiner, possess:

(a) A Class A CDL with all available endorsements; and

(b) Previous experience as a CDL skills test examiner or two (2) years' experience within the past five (5) years as a licensed Class A or B CDL operator in good standing;

(5) Shall maintain their CDL license with all endorsements required by subsections (3) and (4) of this section;

(6) Shall pass one (1) complete battery of forms A, B, or C of the CDL knowledge tests administered by KSP. These tests shall be retaken every four (4) years;

(7) Shall pass the CDL skills test administered by KSP in the type of commercial vehicle in which they will test CDL applicants. This CDL skills test shall be retaken every four (4) years at the direction of KSP; and

(8) Shall give written consent to KSP to conduct a Kentucky criminal history records check, and further give written consent to an updated Kentucky criminal history records check being performed every four (4) years. Persons who are determined to have felony or misdemeanor convictions involving violence, dishonesty, or moral turpitude may be rejected for appointment, or have their appointment as a third-party CDL skills test examiner revoked.

Section 3. Third-Party CDL Skills Test Examiner Mandatory Training Requirements.

(1)

(a) Except as provided in paragraph (b) of this subsection, persons appointed as a third-party CDL skills test examiner shall successfully complete the initial forty (40) hours of CDL skills test examiner training conducted by KSP and pass all exams associated with the training. This training shall be approved by AAMVA and FMCSA. Certificates of completion shall be issued by KSP upon successful completion of this training;

(b) Persons who have previously administered CDL skills tests for KSP and who have completed this training within the past two (2) years shall be waived from this training requirement.

(2) Third-party skills test examiners shall attend and successfully complete an annual ten (10) hour in-service training conducted by KSP.

(3) Third-party skills test examiners shall participate in the certification process for CDL examiners administered through AAMVA. This certification shall be sought and maintained through KSP. It shall be the responsibility of the third-party skills test examiner to pay all fees charged by AAMVA to obtain and maintain this certification. Failure to obtain this certification within two (2) years from the date of appointment as a third-party CDL skills test examiner shall be grounds for revocation of appointment.

(4) Third-party CDL skills test examiners shall be issued identification cards and a unique examiner identification number that identifies them as a CDL examiner. The identification card shall be carried and produced upon request of KSP. The examiner identification number shall be recorded by the third-party CDL skills test examiner on all CDL examination reports and related documents required by KSP to be completed by the examiner in the course of their duties.

(5) Third-party CDL skills test examiners shall conduct CDL skills tests in a uniform approved by KSP. KSP shall not be responsible for the purchase or maintenance costs for this uniform.

Section 4. Additional CDL Skills Test Requirements.

(1) Third-party skills tests examiners shall comply with 49 C.F.R. 383.75, Subparts G and H.

(2) Third-party CDL skills test examiners shall, without deviation, administer the CDL skills test in accordance with the AAMVA's 2005 CDL Test System Model CDL Examiner's Manual (July 2010 version or newer).

(3) Third-party CDL skills test examiners shall record the CDL applicant's skills test scores.

(4) Third-party CDL skills test examiners shall be required to keep and maintain files pertaining to CDL tests that they have administered for a period of two (2) years. These records shall be subject to inspection by KSP or any other state or federal entity performing an audit of these records.

(5) Third-party skills test examiners shall be subject annually to at least one (1) check ride every two (2) years performed by an official observer who, at the direction of KSP, shall ride with the examiner and observe the CDL skills test as it is given to ensure the examiner is administering the test in full compliance with all federal and state laws and administrative regulations.

(6) Third-party CDL skills test examiners shall be subject to "select tests" conducted by KSP. These tests shall consist of the CDL applicant being retested not later than two (2) days following the original test administered by the third-party CDL skills test examiner, utilizing commercial vehicle equipment provided by or on the behalf of the CDL skills test applicant at no cost to KSP. The retest results shall then be compared to verify that there are no deficiencies with the original test given by the third-party CDL skills test examiner. If the two (2) test scores differ, making a difference as to whether the CDL applicant passed or failed, the score given by KSP on its retest shall be entered into the official record as the actual score of the CDL applicant.

(7) Third-party CDL skills test examiners shall be subject to random inspection testing by KSP or FMCSA. These tests may consist of the third-party CDL skills test examiner administering a CDL skills test to a CDL applicant who is an agent of KSP or FMCSA without the examiner's knowledge of the individual's true identity.

(8) Third-party CDL examiners shall be subject to monitoring of their testing processes by KSP or FMCSA to ensure compliance with all federal and state laws and administrative regulations.

Section 5. Prohibited Conflicts of Interest.

(1) A third-party CDL skills test examiner shall not administer a CDL skills test to a CDL applicant who is a family member or who has received commercial truck driving instruction training at a commercial truck driving school that is owned or operated by a family member.

(2) A third-party CDL skills test examiner shall not administer a CDL skills test to a CDL applicant with whom the examiner is involved in a dating, romantic, or other type of intimate personal relationship, regardless of whether the examiner and applicant share a residence.

(3)

(a) Except as provided in paragraph (b) of this subsection, a third-party CDL skills test examiner who administers CDL skills tests under a contractual agreement with KSP and who is a present or former commercial truck driving school employee, shall not administer third-party CDL skills test exams to any CDL applicant who has attended a commercial truck driving school as a student of the examiner's present or former employer;

(b) Once a third-party CDL skills test examiner has ceased employment with a commercial truck driving school for at least one (1) year, the examiner may be authorized to administer CDL skills test exams to CDL applicants who are commercial truck driving students of their former employer, if KSP determines that the examiner can administer the exam in a fair, unbiased, and legal manner as prescribed by the FMCSA, 49 C.F.R. Parts 383 and 384.

Section 6. Revocation of Appointment. Failure to comply with the requirements of this administrative regulation shall be grounds for revocation of appointment as a third-party CDL skills test examiner by KSP and shall further constitute good cause for termination of KSP's contractual obligations with examiners who administer CDL skills test pursuant to contract.

Section 7. Third-Party CDL Skills Test Examiner Records. All records pertaining to selection and appointment of third-party CDL skills test examiners shall be maintained by KSP. These records shall be reviewed prior to renewing CDL third-party CDL skills test examiner appointment, whether by Memorandum of Agreement with DOE or contractual agreement with other third-party CDL skills test examiners. Third-party CDL skills test examiner records shall contain the following information:

(1) Copy of qualification questionnaire containing photo of individual;

(2) Copy of DOE Memorandum of Agreement (if applicable);

(3) Copy of criminal history and driving record;

(4) All other documents related to the qualification and requirements of the examiner; and

(5) Any investigations, select testing and covert testing, or monitoring conducted by KSP concerning the third-party CDL skills test examiner.

History

RELATES TO: KRS 281A.160(4), 49 C.F.R. 383.75, 49 C.F.R. 383.131
STATUTORY AUTHORITY: KRS 281A.160(5), (8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.160(5) and (8) require the Kentucky State Police to promulgate administrative regulations for third-party CDL skills test examiners. This administrative regulation establishes the minimum qualifications, mandatory training requirements, and prohibited conflicts of interest for third-party CDL skills test examiners.
History: 30 Ky.R. 519; Am. 1242; 12-5-2003; 33 Ky.R. 230; 763; eff. 10-6-2006; 48 Ky.R, 1276; 49 Ky.R. 341; eff. 8-16-2022.

502 KAR 10:120 Hazardous materials endorsement requirements {#sec-502-kar-10-120 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:120}

Section 1. Definitions.

(1) "CDL" or "Commercial Driver's License" is defined by KRS 281A.010(5) and 49 C.F.R. 383.5.

(2) "CDL testing location" means the department's regional CDL testing offices.

(3) "Determination of no security threat" is defined by 49 C.F.R. 1572.15(d)(1).

(4) "DOT" means the federal Department of Transportation.

(5) "Final Determination of Threat Assessment" is defined by 49 C.F.R. 1572.15(d)(4).

(6) "HME" means hazardous materials endorsement.

(7) "Initial Determination of Threat Assessment" is defined by 49 C.F.R. 1572.15(d)(2).

(8) "KSP" means the Kentucky State Police.

(9) "Proper identification" means:

(a) A driver's license issued by the applicant's state where they will obtain or have obtained a commercial driver's license; or

(b) With respect to non-United States citizens applying for a hazardous materials endorsement for a commercial driver's license, proper identification means valid and unrestricted documentation establishing lawful nonimmigrant alien, asylee, or refugee status.

(10) "TSA" means the federal Transportation Security Administration.

Section 2. Initial Applications for HME.

(1) An applicant applying for a hazardous materials endorsement shall first obtain a commercial driver's instruction permit or CDL prior to requesting a security threat assessment from the TSA.

(2) To begin the process, an applicant shall contact KSP at the following phone number to make an appointment: 1-888-655-9655.

(3) An applicant shall bring proper identification, be prepared to provide the information required by 49 C.F.R. 1572.9, and submit to a fingerprint verified criminal background check at the appointment.

(4) An applicant shall pay a $138.25 fee for a fingerprint-based background check. The fee may be paid by:

(a) Certified check;

(b) Cashier's check;

(d) Electronically before the appointment at https://secure.kentucky.gov/formservices/KSP/hazmat_FP.

(5) An applicant shall be fingerprinted by KSP at a regional CDL testing location. KSP shall send the fingerprints to the Federal Bureau of Investigation for a fingerprint-verified criminal background check and send the biographical information sheet to the TSA.

(6) If TSA informs the Commonwealth of a finding of Determination of No Security Threat, then the applicant shall be notified by the Transportation Cabinet that he or she is eligible to take the knowledge test required to qualify for the HME.

(7) If TSA informs the Commonwealth of a finding of Initial Determination of Threat Assessment, the applicant shall not be issued a HME. The applicant may appeal the TSA's determination in accordance with 49 C.F.R. 1515.5 or 1515.9. Following appeal, if the applicant receives a Final Determination of Security Threat Assessment, the applicant may seek a waiver from the TSA in accordance with 49 C.F.R. 1515.7.

(8) Within fifteen (15) days after the TSA has notified the Commonwealth of a Determination of No Security Threat or of a finding of Final Determination of Security Threat Assessment, the Transportation Cabinet shall update the applicant's permanent record to reflect the results of the security threat assessment, the issuance or denial of an HME, and the new expiration date of the HME.

Section 3. Renewal Applications for HME.

(1) The Transportation Cabinet shall send persons holding a HME notice of renewal at least sixty (60) days prior to expiration.

(2) Persons wishing to renew their HME shall begin the renewal process at least thirty (30) days prior to expiration.

(3) To begin the renewal process, a renewal applicant shall contact KSP at the following phone number to make an appointment: 1-888-655-9655.

(4) A renewal applicant shall bring to the appointment proper identification, be prepared to provide the information required by 49 C.F.R. 1572.9, and submit to a fingerprint verified criminal background check at the appointment.

(5) A renewal applicant shall pay a $138.25 fee for a fingerprint-based background check. The fee may be paid by:

(a) Certified check;

(b) Cashier's check;

(d) Electronically before the appointment at https://secure.kentucky.gov/formservices/KSP/Hazmat_FP.

(6) A renewal applicant shall be fingerprinted by KSP at a regional CDL testing location. KSP shall send the fingerprints to the Federal Bureau of Investigation for a fingerprint verified criminal background check and send the biographical information sheet to the TSA.

(7) If TSA informs the Commonwealth of a finding of Determination of No Security Threat, then the renewal applicant shall be notified by the Transportation Cabinet that he or she is eligible to take the knowledge test required to qualify for the HME.

(8) If TSA informs the Commonwealth of a finding of Initial Determination of Threat Assessment, the renewal applicant shall not be issued an HME. The renewal applicant may appeal the TSA's determination under the procedures set forth in 49 C.F.R. 1515.5 or 1515.9. Following appeal, if the renewal applicant receives a Final Determination of Security Threat Assessment, the applicant may seek a waiver from TSA in accordance with 49 C.F.R. 1515.7.

(9) Within fifteen (15) days after the TSA has notified the Commonwealth of a Determination of No Security Threat or of a finding of Final Determination of Security Threat Assessment, the Transportation Cabinet shall update the applicant's permanent record to reflect the results of the security threat assessment, the issuance or denial of an HME, and the new expiration date of the HME.

(10) An applicant who has received a passing score on the HME test and is applying for a Class C CDL with a hazardous materials endorsement shall drive a Class C placarded vehicle for the skills test.

Section 4. Transfer Applications For HME. In accordance with 49 C.F.R. 1572.13(e), an applicant who applies to transfer an existing HME from another state to the Commonwealth shall not be required to undergo a new security threat assessment until the security threat assessment renewal period established in the preceding issuing state, not to exceed five (5) years, expires.

History

RELATES TO: KRS 281A.120, 281A.130, 281A.150, 281A.160, 281A.170, 49 U.S.C. 5103a, 49 C.F.R. Parts 383, 1515, 1572
STATUTORY AUTHORITY: KRS 281A.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.040 authorizes any state agency vested with a specific responsibility to have the necessary power and authority to promulgate administrative regulations to reasonably carry out the provisions of KRS Chapter 281A. 49 C.F.R. Part 1572 requires fingerprint verified criminal background checks on all persons obtaining or renewing a hazardous materials endorsement for a commercial driver's license. This administrative regulation establishes the necessary procedures for conducting fingerprint verified criminal background checks and establishing the location of the fingerprinting centers where the Kentucky State Police shall take fingerprints and transmit them to the federal government.
History: 31 Ky.R. 1619; 1811; eff. 5-26-2005; 39 Ky.R. 148; 478; eff. 10-2-2012; 48 Ky.R. 1278; 49 Ky.R. 342; eff. 8-16-2022; 51 Ky.R. 1201, 1653; eff. 3-12-2025.

Chapter 11 Concealed Deadly Weapons

502 KAR 11:010 Application for license to carry concealed deadly weapon {#sec-502-kar-11-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:010}

Section 1. Definitions.

(1) "Application form" means the "Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for License."

(2) "Department" means the Department of State Police.

Section 2.

(1) Application forms shall not be stored in an area accessible to the public.

(2) Except as permitted by Section 11 of this administrative regulation, an application form shall not be removed from the office of the sheriff.

Section 3. An application form shall be identified by a unique number that shall be:

(1) Expressed on the application form as a bar code that contains the application number;

(2) Used as the identifying number for the applicant; and

(3) Machine and human readable.

Section 4. Applicants shall submit an application form, documents, and fee as required by KRS 237.110 to the department either:

(1) Electronically, using the portal provided and according to the procedures as described on the department's Web site; or

(2) As prescribed in Sections 5 – 11 of this administrative regulation.

Section 5. A sheriff shall issue an application form to an applicant and accept an application fee if:

(1) An applicant meets the requirements established by KRS 237.110(4)(b), (c), and (i);

(2) Unless exempted by KRS 237.110(6) and (7), an applicant has submitted the material required by KRS 237.110(7);

(3) Verification that an applicant is a resident is made by:

(a) Submission of a valid Kentucky operator's license or personal identification card issued by the Transportation Cabinetpursuant to KRS 186.412;

(b) Personal knowledge of the sheriff; or

(4) Verification of an applicant's Social Security number is made by the submission of:

(a) The applicant's Social Security card; or

(b) A governmental agency document that contains an applicant's name and Social Security number;

(5) Verification of an applicant's age is made by submission of:

(a) An item specified by subsection (3) of this section; or

(b) A birth certificate or other evidence of birth issued by a governmental agency; and

(6) Verification of an applicant's U.S. immigration status is made by submission of a completed CCDW License Citizenship/Immigration Status Affidavit (KSP 131) if the applicant has indicated on the application form that the applicant is not a U.S. citizen.

Section 6. An applicant who is exempt from the training requirement established by KRS 237.110(4)(i) shall submit documentation establishing that he or she:

(1)

(a) Was a peace officer on the date of his or her retirement; and

(b) Is a member of a retirement system specified by KRS 237.110(6)(a);

(2) Is currently certified as a peace officer by the Kentucky Law Enforcement Council pursuant to KRS 15.380 to 15.404;

(3) Is a current or retired peace officer of one (1) of the federal agencies listed in KRS 237.110(6)(b);

(4) Is a current or retired corrections officer who was employed by and received the prescribed training from the agencies listed in KRS 237.110(6)(c); or

(5) Is an active or honorably discharged service member of the branches listed in KRS 237.110(6)(d) and completed handgun training from that branch.

Section 7. Completion of Application Form. An applicant shall:

(1) Complete an application at a sheriff's office;

(2) Sign the application in the applicant signature block of the application form in ink in the presence of a sheriff;

(3) Provide the information required by KRS 237.110(7)(a) through (e) on the application form;

(4) Not fold or tear the form;

(5) Use a black ink pen to complete the form;

(6) Not mark or otherwise make an entry in the "For Sheriff's Dept. Use Only" portion;

(7) Fill each bubble completely;

(8) Fill in or enter information, as appropriate, within a column block or bubble;

(9) Write within the constrained areas; and

(10) Use upper case (capital) letters.

Section 8. The sheriff shall complete the lower right hand portion of the application form titled "For Sheriff's Dept. Use Only" by:

(1) Completing the ORI Number;

(2) Filling in the date of application;

(3) Indicating if the applicant is an active or retired peace officer or a judicial officer in accordance with KRS 527.020(5)(a)1. to 7.;

(4) Indicating if the applicant is an active or honorably discharged service member; and

(5) Signing in the portion labeled "Authorizing Official Signature."

Section 9. If an applicant fails to follow the instructions for completion of an application, the sheriff shall:

(1) Destroy the improperly completed application; and

(2) Require the applicant to complete a new application form.

Section 10. The sheriff shall place the following material in a single applicant packet:

(1) The applicant's completed application form;

(2) A photograph of the applicant complying with the provisions of 502 KAR 11:020;

(3) The CCDW License Citizenship/Immigration Status Affidavit (KSP 131) if the applicant has indicated on the application form that the applicant is not a U.S. citizen;

(4)

(a) A photocopy of the certificate of completion, of the training or safety course or class required by KRS 237.110(4)(i); or

(b) Material provided by an applicant to the sheriff establishing that the applicant is exempt from the training requirement on the grounds that he or she is:

Currently certified as a peace officer by the Kentucky Law Enforcement Council pursuant to KRS 15.380 to 15.404;
A current or retired peace officer of one of the federal agencies listed in KRS 237.110(6)(b) and successfully completed the basic law enforcement training course required by that agency; or
A retired peace officer and is a member of a retirement system specified in KRS 237.110(6)(a);
A current or retired corrections officer who was employed by and received the prescribed training from the agencies listed in KRS 237.110(6)(c); or
An active or honorably discharged service member of the branches listed in KRS 237.110(6)(d) and completed handgun training from that branch; and

(5) Material provided by an applicant to the sheriff establishing that the applicant is exempt from payment of the application fee pursuant to KRS 237.110(7).

Section 11.

(1) The sheriff shall mail single applicant packets to the department in a bulk mailer.

(2) The sheriff shall pay the cost of mailing a bulk mailer.

Section 12.

(1) If the department issues an original license pursuant to KRS 237.110(4), it shall:

(a) Transmit the license to the sheriff; and

(b) Send a notice to the applicant:

Informing him or her that the license is being conveyed to the sheriff of the county where the applicant resides and what date the license will be available from the sheriff; and
Including a section that the applicant may sign in the presence of the sheriff or the sheriff's designee.

(2) The sheriff shall issue the license to the applicant upon:

(a) Verification of the identity of the applicant by:

Submission of a valid Kentucky operator's license or personal identification card issued by the Transportation Cabinet pursuant to KRS 186.412; or
Personal knowledge of the sheriff; and

(b) Signature on the notice of issuance by the applicant in the presence of the sheriff or the sheriff's designee.

Section 13. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for License", September 2022; and

(b) KSP Form 131, "CCDW License Citizenship/Immigration Status Affidavit", 2011.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Kentucky State Police, Criminal Identification and Records Branch, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on the department's Web site at https://kentuckystatepolice.org/ccdw/ccdw-home/forms/.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080(1), 237.110(7)(e)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(7)(e) requires the department to promulgate an administrative regulation establishing the application form for a license to carry a concealed deadly weapon. This administrative regulation establishes the application form and procedures.
History: 23 Ky.R. 2342; Am. 2717; eff. 1-9-1997; Recodified from 503 KAR 6:020, 11-8-2006; 33 Ky.R. 1694; 2289; eff. 3-9-2007; 38 Ky.R. 681; 908; eff. 12-2-2011; 48 Ky.R. 1280; 49 Ky.R. 784; eff. 1-3-2023.

502 KAR 11:020 Applicant photograph requirements for license to carry concealed deadly weapon {#sec-502-kar-11-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:020}

Section 1. The photograph of the applicant required by KRS 237.110(8)(b) shall not be an image produced by a copier or copy equipment and shall:

(1)

(a) Be an original color photograph or a color photographic copy developed from the negative of an original photograph and:

Be no less than three and one-half (3 1/2) inches by four (4) inches; and
Not exceed four (4) inches by six (6) inches;

(b) Be a color photograph from a digital camera, rated for seven (7) megapixels or greater, printed on photograph quality paper; or

2 x 2 inches in size; and
Between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the head;

(2) Display the full front of the head and the facial features of the applicant; and

(3) Not be a photograph of the applicant wearing:

(a) Sunglasses;

(b) A hat; or

Section 2. The department shall:

(1) Consider an application incomplete if an applicant submits a photograph that it determines does not comply with the requirements of Section 1 of this administrative regulation; and

(2) Notify the sheriff who transmitted the application form and the applicant pursuant to the provisions of 502 KAR 11:040.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080, 237.110(8)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(8)(b) requires the Department of Kentucky State Police to establish the requirements for the photograph to be submitted by an applicant for a license to carry a concealed deadly weapon. This administrative regulation establishes the requirements for the photograph.
History: 23 Ky.R. 2344; Am. 2718; eff. 1-9-97; Recodified from 503 KAR 6:030, 11-8-2006; 33 Ky.R. 1697; 2291; eff. 3-9-07; 38 Ky.R. 1051; 1315; eff. 2-3-12; Crt eff. 2-26-2020.

502 KAR 11:040 Incomplete application for license to carry concealed deadly weapon {#sec-502-kar-11-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:040}

Section 1. An application form shall be determined incomplete if:

(1) It does not meet the requirements of 502 KAR 11:010;

(2) It contains erroneous information; or

(3) An item of the application form cannot be read or understood.

Section 2. If the department determines that an application form is incomplete pursuant to Section 1 of this administrative regulation, the department shall notify the sheriff who transmitted the application form and the applicant on a Missing Information Notice of the:

(1) Reason the application form has been determined to be incomplete; and

(2) The action required to complete the application form.

Section 3. Incorporation by Reference.

(1) "Missing Information Notice", 01/09/07, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of State Police, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080, 17.080, 237.110(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(7) requires the Department of State Police to establish the application form to be completed by applicants for a license to carry a concealed deadly weapon. This administrative regulation establishes the reasons an application form shall be determined incomplete and the required procedures for the department.
History: 23 Ky.R. 2346; Am. 2719; eff. 1-9-1997; Recodified from 503 KAR 6:060, 11-8-2006; 33 Ky.R. 1698; 2291; eff. 3-9-2007; Cert. filed 2-26-2020.

502 KAR 11:050 Updating, replacement, and renewal of license to carry concealed deadly weapon {#sec-502-kar-11-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:050}

Section 1. Definitions.

(1) "Department" means the Department of Kentucky State Police.

(2) "Licensee" means an individual with a current and valid license to carry a concealed deadly weapon in the Commonwealth of Kentucky.

(3) "Overseas military deployment" means an overseas deployment of a licensee that is a member of the United States Armed Forces, including a member of the Kentucky National Guard or Reserve on federal active duty.

(4) "Personal information" means the name, date of birth, Social Security Number, and address of a licensee.

Section 2. Change of Personal Information.

(1) If the personal information of a licensee has changed, the licensee shall notify the department of the change on the Carry Concealed Deadly Weapons Licensee Request for Change of Personal Information Form (KSP 121).

(2) The request form shall be completed and signed by the licensee.

(3) The sheriff shall verify the change of personal information as provided by:

(a) Submission of a valid Kentucky operator's license or personal identification card issued by a circuit court clerk pursuant to KRS 186.412;

(b) Personal knowledge of the sheriff; or

(4) The completed request form shall be:

(a) Signed by the sheriff; and

(b) Transmitted by the sheriff to the department pursuant to 502 KAR 11:010, Section 10.

(5) Upon approval by the department of the change of personal information, the department shall:

(a) Issue an updated license;

(b) Transmit the updated license to the sheriff; and

(c) Notify the licensee in writing that the updated license may be obtained by the licensee at the office of the sheriff.

Section 3. Lost, Stolen, or Destroyed Carry Concealed Deadly Weapon License.

(1) If a Carry Concealed Deadly Weapon license is lost, stolen, or destroyed, a licensee shall notify the department on a Request For Duplicate CCDW License Form (KSP 126).

(2) The request form shall be:

(a) Notarized; and

(b) Completed and signed by the licensee.

(3) The licensee shall attach to the request form a check or money order, payable to the Department of Kentucky State Police, in the amount of fifteen (15) dollars.

(4) The completed request form shall be:

(a) Signed by the sheriff; and

(b) Transmitted by the sheriff to the department pursuant to 502 KAR 11:010, Section 10.

(5) Upon approval by the department of the request for a duplicate license, the department shall:

(a) Issue a duplicate license that contains a license number that differs from the license number on the lost, stolen, or destroyed license;

(b) Transmit the duplicate license to the sheriff; and

(c) Notify the licensee in writing that the duplicate license may be obtained by the licensee at the office of the sheriff.

Section 4. Notice of Renewal. Except as provided in KRS 36.450, the department shall mail to each licensee, not less than 120 days prior to the expiration date of the license, a Renewal Notice.

Section 5. License Renewal for a Licensee Whose License Did Not Expire during an Overseas Military Deployment.

(1) The licensee shall:

(a) Complete and sign the Renewal Notice in ink;

(b) Have his or her signature on the Renewal Notice notarized; and

A recent photograph of the licensee that meets the requirements of 502 KAR 11:020; and
A copy of the CCDW License Citizenship/Immigration Status Affidavit (KSP 131) if the licensee is not a U.S. citizen.

(2) The sheriff shall:

(a) Verify the address of the licensee as provided by 502 KAR 11:010, Section 4;

(b) Sign the Renewal Notice in ink; and

(c) Transmit the completed Renewal Notice and attached documents to the department pursuant to 502 KAR 11:010, Section 10.

Section 6. License Renewal for a Licensee Whose License Expires During an Overseas Military Deployment and Requests Renewal Pursuant to KRS 36.450(6)(a).

(1) Upon receipt of the request, the Department shall mail a Renewal Notice and an "Armed Forces Overseas Deployment CCDW License Renewal Affidavit" (KSP 154) to the licensee at the active duty military address specified by the licensee and notify the sheriff of the licensee's county of residence that the licensee has requested overseas renewal.

(2) Upon receipt of the renewal application and "Armed Forces Overseas Deployment CCDW License Renewal Affidavit" (KSP 154) the licensee shall:

(a) Complete and sign the forms in ink;

(b) Have his signature on the forms notarized;

Documentation of his or her overseas deployment, including the dates of that deployment;
A copy of the licensee's valid Kentucky operator's license or personal identification card issued by a circuit court clerk pursuant to KRS 186.412;
A copy of the CCDW License Citizenship/Immigration Status Affidavit (KSP 131) if the licensee is not a U.S. citizen; and
A recent photograph of the licensee that meets the requirements of 502 KAR 11:020; and

(d) Return the completed forms and attached documents to the sheriff of the licensee's county of residence by mail or facsimile.

Section 7. License renewal for a licensee whose license expired during an overseas military deployment and requests renewal after license expiration and upon return to the county of residence pursuant to KRS 36.450(6)(b).

(1) The licensee shall:

(a) Complete and sign the "Armed Forces Overseas Deployment Expired CCDW License Renewal Affidavit" (KSP 154A) in ink;

(b) Have his or her signature on the form notarized;

(d) Complete the renewal process set forth in Section 5 of this administrative regulation.

(2) The completed form and attached documents shall be attached to the Renewal Notice and transmitted by the sheriff to the department pursuant to 502 KAR 11:010, Section 10.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Carry Concealed Deadly Weapons Licensee Request for Change of Personal Information", KSP 121, 07/06;

(b) "Request for Duplicate CCDW License", KSP 126, 05/06;

(d) "CCDW License Citizenship/Immigration Status Affidavit", KSP 131, 01/11;

(e) "Armed Forces Overseas Deployment CCDW License Renewal Affidavit", KSP 154, 06/10; and

(f) "Armed Forces Overseas Deployment Expired CCDW License Renewal Affidavit", KSP 154A, 10/11.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Kentucky State Police, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080, 36.450,, 237.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(11) requires a licensee to notify the department if there is a change in the licensee's permanent address. KRS 237.110(12) authorizes a licensee to obtain a duplicate license if the original is lost, stolen, or destroyed. KRS 237.110(14) requires an applicant to renew a license to carry a concealed deadly weapon by submitting the department's renewal form. KRS 36.450 authorizes a carry concealed deadly weapon (CCDW) licensee that is a member of the United States Armed Forces, including a member of the Kentucky National Guard or Reserve on federal active duty, whose license expires while that licensee is deployed overseas to apply for renewal. This administrative regulation establishes the forms and procedures for updating, replacing, and renewing a license to carry a concealed deadly weapon.
History: 23 Ky.R. 2346; Am. 2719; eff. 1-9-97; Recodified from 503 KAR 6:080, 11-8-2006; 33 Ky.R. 1700; 2292; eff. 3-9-07; 38 Ky.R. 684; 909; eff. 12-2-2011; Crt eff. 2-26-2020.

502 KAR 11:060 License denial and reconsideration process {#sec-502-kar-11-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:060}

Section 1.

(1) If the department determines that it will deny an application for a license because an applicant fails to meet criteria specified in KRS 237.110(3) or (4), the department shall notify the applicant of the denial.

(2) The denial notice shall include:

(a) The reason the license is denied;

(b) A section that the applicant may sign to request reconsideration of the denial; and

(c) A statementthat the applicant may request reconsideration by the department by signing the request for reconsideration section, as provided in the notice of denial in the presence of the sheriff within thirty (30) days of the date of the notice of denial of license.

Section 2. If an applicant submits a request for reconsideration of the denial of a license, the sheriff shall:

(1) Place the signed notice of denial and related material, if applicable, in a single applicant packet; and

(2) Transmit the completed single applicant packet to the department.

Section 3. The department may require the applicant to submit any of the following in support of his or her request for reconsideration:

(1) Certified copies of records from a court clerk or law enforcement agency showing the disposition of criminal charges against the applicant;

(2) A certificate or statement from a court clerk or law enforcement agency showing that the applicable records have been destroyed or are otherwise unavailable;

(3) A certificate or statement from the appropriate department of the Armed Forces or other government agency showing the disposition of charges against the applicant;

(4) A certificate or statement from the appropriate department of the Armed Forces showing the nature of the applicant's discharge or separation from the Armed Forces;

(5) A notarized statement by the applicant setting forth the disposition of criminal charges against the applicant;

(6) A notarized statement by the applicant setting forth the nature of the applicant's discharge or separation from the Armed Forces;

(7) A notarized statement by the applicant setting forth the identity of the victim of the criminal offense, the nature of the applicant's relationship to the victim at the time of the offense, and whether or not the applicant and the victim shared a child in common at the time of the offense; or

(8) Any other documentation relevant to evaluating the request for reconsideration.

Section 4. If the department determines that the request for reconsideration is valid and that the applicant is not disqualified from being issued a license, it shall issue a license as set forth in 502 KAR 11:010, Section 12.

Section 5. If the department determines that the request for reconsideration of the denial of the application should be denied, the department shall notify the applicant of the denial by mail.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080(1), 237.110(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(9) requires the department to deny an application for a license to carry a concealed deadly weapon if an applicant fails to meet the statutory requirements for licensure and to reconsider its denial of an application upon the applicant's submission of documentation relating to the application. KRS 16.080(1) authorizes the commissioner to promulgate administrative regulations necessary for the governing and operation of the department. This administrative regulation establishes the procedures for denial, notification of denial, and reconsideration.
History: 23 Ky.R. 2348; Am. 2720; eff. 1-9-1997; Recodified from 503 KAR 6:090, 11-8-2006; 33 Ky.R. 1701; 2293; eff. 3-9-2007; 48 Ky.R. 1282; 49 Ky.R. 786; eff. 1-3-2023.

502 KAR 11:070 License revocation and suspension notice and reinstatement process {#sec-502-kar-11-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:070}

Section 1.

(1) If the department determines that it will revoke a license, the department shall notify the licensee of the revocation.

(2) The revocation notice shall include:

(a) The reason for the revocation;

(b) That the licensee is required to surrender his or her license to the sheriff of his or her county of residence within two (2) business days of the receipt of the revocation notice;

(d) A section that the licensee may sign to request reconsideration of the revocation; and

(e) A statement that the licensee may request reconsideration of the revocation by the department by signing the request for reconsideration section, as provided in the notice of revocation in the presence of the sheriff within thirty (30) days of the date of the notice of revocation.

Section 2.

(1) If the department determines that it will suspend a license, the department shall notify the licensee of the suspension.

(2) The suspension notice shall include:

(a) The reason for the suspension;

(b) That the licensee is required to surrender his or her license to the sheriff of his or her county of residence within two (2) business days of the receipt of the suspension notice;

(d) A section that the licensee may sign to request reconsideration of the suspension; and

(e) A statement that the licensee may request reconsideration of the suspension by the department by signing the request for reconsideration section, as provided in the notice of suspension in the presence of the sheriff within thirty (30) days of the notice of suspension.

Section 3. If a licensee signs the request for reconsideration section of the revocation notice or the notice of suspension, the sheriff shall:

(1) Place the signed revocation notice or notice of suspension and related material, if applicable, in a single applicant packet; and

(2) Transmit the completed single applicant packet to the department.

Section 4. The department may require the licensee to submit any of the following in support of his or her request for reconsideration:

(1) Certified copies of records from a court clerk or law enforcement agency showing the disposition of criminal charges against the licensee;

(2) A certificate or statement from a court clerk or law enforcement agency showing that the applicable records have been destroyed or are otherwise unavailable;

(3) A certificate or statement from the appropriate department of the Armed Forces or other government agency showing the disposition of charges against the licensee;

(4) A certificate or statement from the appropriate department of the Armed Forces showing the nature of the licensee's discharge or separation from the Armed Forces;

(5) A notarized statement by the applicant setting forth the disposition of criminal charges against the licensee;

(6) A notarized statement by the licensee setting forth the nature of the licensee's discharge or separation from the Armed Forces;

(7) A notarized statement by the licensee setting forth the identity of the victim of the criminal offense, the nature of the licensee's relationship to the victim at the time of the offense, and whether or not the licensee and the victim shared a child in common at the time of the offense; or

(8) Any other documentation relevant to evaluating the request for reconsideration.

Section 5. If the request for reconsideration of the revocation or suspension is denied, the department shall:

(1) Notify the licensee by mail; and

(2) Inform the licensee of his or her right to petition the commissioner of the Kentucky State Police for reinstatement by requesting an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the date of the denial letter.

Section 6. License Expiration Date. If a license is revoked or suspended, the date of its expiration shall not be extended.

Section 7. Reinstatement.

(1) A revoked or suspended license shall be reinstated by the department upon:

(a) Receipt of an order from the appropriate court to terminate the revocation or suspension;

(b) Determination by the department to reinstate the license after a request for reconsideration of the revocation or suspension; or

(c) Receipt of an order from the appropriate KRS Chapter 13B hearing officer to return the license and abrogate the suspension or revocation.

(2) If a license is reinstated, the department shall notify the applicant.

History

RELATES TO: KRS 237.110
STATUTORY AUTHORITY: KRS 16.080(1), 237.110(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(13)(a) requires the commissioner of the department to revoke a license to carry a concealed firearm or other deadly weapon if a licensee becomes permanently ineligible to be issued a license or have a license renewed under the criteria established by KRS 237.110. KRS 237.110(13)(b) requires the commissioner of the department to suspend a license to carry a concealed firearm or other deadly weapon if the licensee becomes temporarily ineligible to be issued a license or have a license renewed under the criteria established by KRS 237.110. KRS 16.080(1) authorizes the commissioner to promulgate administrative regulations necessary for the governing and operation of the department. This administrative regulation establishes the procedures for the revocation or suspension of a license to carry a concealed deadly weapon and for reinstatement of a revoked or suspended license.
History: 23 Ky.R. 2349; Am. 2720; eff. 1-9-1997; Recodified from 503 KAR 6:110, 11-8-2006; 33 Ky.R. 1704; 2294; eff. 3-9-2007; 48 Ky.R.1284; 49 Ky.R. 786; eff. 1-3-2023.

Chapter 12 Medical Examiner Protocols

502 KAR 12:010 Sexual assault forensic-medical examination protocol {#sec-502-kar-12-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 12:010}

Section 1. Definitions.

(1) "Basic treatment" means basic medical care provided to victims of sexual offenses, including a medical screening, an examination for medical injuries, treatment for sexually transmitted infections, and, if appropriate, delivery of postexposure HIV prophylaxis.

(2) "Designated storage facility" means an examination facility, local law enforcement agency, or other agency that has an agreement with an examination facility to provide secure storage for samples collected during sexual assault forensic-medical examinations that are not immediately reported to law enforcement.

(3) "Examination Facility" means a sexual assault examination facility, as defined by KRS 216B.015(27).

(4) "Qualified medical professional" means any physician's assistant or advanced practice registered nurse whose training and scope of practice include performance of speculum examinations.

(5) "Rape crisis center advocate" means a victim advocate who:

(a) Has met the requirements of KRS 421.570; and

(b) Works or volunteers for a rape crisis center regulated by the Cabinet for Health and Family Services, pursuant to KRS 211.600 and 922 KAR 8:010.[]

(6) "Victim" means a person who may have suffered direct, threatened, or attempted physical or emotional harm from the commission or attempted commission of:

(a) A sexual offense, pursuant to KRS 510.010 to 510.140;

(b) Incest, pursuant to KRS 530.020; or

The use of a minor in a sexual performance, pursuant to KRS 531.310;
An unlawful transaction with a minor, pursuant to KRS 530.064(1)(a); or
Human trafficking for commercial sexual activity, pursuant to KRS 529.010(3), 529.010(14), and 529.100.

Section 2. Preforensic-Medical Examination Procedure. If a person seeking treatment as a victim arrives at an examination facility, the appropriate staff at the facility prior to conducting the forensic-medical examination shall comply with the following requirements:

(1) Reporting to the Rape Crisis Center Advocate. The examination facility staff shall:

(a) Contact the rape crisis center to inform the on call advocate that a victim has arrived at the examination facility for an examination; and

(b) Upon arrival of the advocate, ask if the victim wishes to have a rape crisis center advocate present for the examination or otherwise available for consultation.

(2) Limited Mandatory Reporting to the Cabinet for Health and Family Services.

(a) If the victim is less than eighteen (18) years old, the examination facility staff shall:

Assess whether the victim may be an abused, neglected, or dependent child, as defined in KRS 600.020. If child abuse, neglect, or dependency is suspected, medical personnel shall immediately report the incident to the Cabinet for Health and Family Services, a local or state law enforcement agency, or the Commonwealth's attorney or county attorney in accordance with KRS 620.030; and
If a report is made, consult with the Cabinet for Health and Family Services or law enforcement to determine whether referral to a regional children's advocacy center or other specialized treatment facility is in the best interest of the child.

(b) If the victim is eighteen (18) years old or older, the examination facility staff shall:

Not contact law enforcement or release any information to law enforcement without the victim's authorization.
If the victim may be an adult as defined in KRS 209.020(4), immediately report the incident to the Cabinet for Health and Family Services and notify the victim of the report.

(3) Optional Reporting to Law Enforcement. The examination facility staff shall:

(a) Ask if the victim wants to report the incident to law enforcement;

(b) If the victim chooses to report the incident to law enforcement, obtain the victim's consent for treatment and authorization for release of information, and contact law enforcement; and

(c) If the victim chooses not to report to law enforcement, keep information or samples from release to law enforcement, unless the victim has specifically authorized the release of information or samples.

(4) Mandatory Reporting to Law Enforcement. Any professional, as defined by KRS 209A.020, who learns of the death of a victim with whom he or she had a professional interaction, shall immediately notify law enforcement if the professional believes domestic or dating violence or abuse caused, contributed, or is related to the victim's death, in accordance with KRS 209A.110.

(5) Examination facility staff shall:

(a) Inform the victim that all statements made during the interview and the sample collection process to physicians, nurses, other hospital personnel, or law enforcement officers are not privileged and may be disclosed;

(b) Provide a detailed explanation of the forensic-medical examination, the reasons for conducting the forensic-medical examination, and the effect on a criminal prosecution if a forensic examination is not performed or reported to law enforcement;

(c) Advise the victim that photographs and other documentation, if released to law enforcement, may be used as evidence and that the photographs may include the genitalia;

(d) Advise the victim that the forensic-medical examination, including basic treatment, shall be conducted free of charge, but costs related to additional medical treatment may be incurred;

(e) Inform the victim that consent for the forensic sample collection process may be withdrawn at any time during the examination;

(f) Inform the victim of the need for a physical examination due to the risk of sexually transmitted infections, including HIV, pregnancy, injury, or other medical problems whether or not the victim chooses to have the evidence collected;

(g) Obtain documented consent from the victim prior to conducting the forensic-medical examination; and

(h) Document that the procedures established in this section are completed.

Section 3. The Forensic-Medical Examination.

(1) A physical examination may be conducted for basic treatment and to collect samples in all cases of sexual assault, regardless of the length of time that may have elapsed between the time of the assault and the examination itself.

(2) If the reporting patient is a child, examination facility staff shall refer to the "Kentucky Medical Protocol for Child Sexual Assault/Abuse Evaluation" developed by the Sexual Assault Response Team Advisory Committee for guidance in conducting the forensic evidence exam.

(3) If the sexual assault occurred within ninety-six (96) hours prior to the forensic-medical examination, a Kentucky State Police Sexual Assault Evidence Collection Kit shall be used. The examination facility shall enter the kit information into the sexual assault forensic evidence kit tracking portal, as prescribed by KRS 16.132.

(4) Personnel in attendance during the forensic examination shall be limited to the following persons:

(a) Examining physician, sexual assault nurse examiner, as defined in KRS 314.011(14), or qualified medical professional;

(b) Attending nurse and additional nursing personnel;

(d) Other persons who are:

Dictated by the health needs of the victim; or
Requested by the victim.

(5) Photographs, including photographs of the genitalia, may be taken if the appropriate equipment is available at the examination facility, precautions are taken to ensure confidential storage, and the victim has consented to having photographs taken.

(6) The following types of samples may be collected during the examination:

(a) Hairs from the head or pubic region;

(b) Fingernail cuttings, swabs, or scrapings;

(d) Bodily fluids, including:

Semen;
Blood;
Sweat; and
Saliva;

(e) Clothing; and

(f) Other samples that may be presented as evidence at a trial.

(7) Samples shall not be collected if the victim is unconscious unless the collection is consistent with appropriate and necessary medical treatment.

(8) The collection of samples shall cease immediately if the victim dies during the process.

(9) The coroner shall be contacted if the victim dies during the sexual assault medical-forensic examination, and the samples processed and the evidence collected up to that time shall be delivered to the coroner or the coroner's designee. Collection of samples may be completed by medical personnel if requested by the coroner.

(10) The coroner shall be notified in accordance with KRS 72.020 and samples shall not be collected if the victim is deceased upon arrival at the examination facility.

Section 4. Postforensic Examination Procedures. At the conclusion of the forensic-medical examination the appropriate personnel at the examination facility shall provide the victim with:

(1) Information regarding follow-up procedures and appointments concerning:

(a) Sexually transmitted infections, including HIV;

(b) Pregnancy;

(d) Similar assault related health conditions;

(2) Information regarding the availability of follow-up counseling and support services available from a rape crisis center or other mental health agency;

(3) Information from the law enforcement officer regarding who to contact about the prosecution of the offense in cases reported to law enforcement;

(4) A garment or other appropriate clothing to wear in leaving the examination facility, or assistance in obtaining other personal clothing;

(5) Information about:

(a) The Office of Claims and Appeals, as established in KRS Chapter 49; and

(b) The following administrative regulations providing aid to a crime victim:

802 KAR 3:010; and
802 KAR 3:020;

(6) The appropriate educational materials, as described in KRS 209A.130, if it has been determined that the patient may be a victim of dating or domestic violence and abuse, as defined in KRS 209A.020; and

(7) If the victim chooses not to report to law enforcement, information about:

(a) Length of time samples will be stored;

(b) Whom the victim may contact to file a report or authorize the release of samples; and

(c) Whether the samples will be automatically destroyed or transferred for extended storage if the victim does not request release of samples to law enforcement within the specified period.

Section 5. Storage and Transfer of Samples.

(1) Chain of custody documentation shall be maintained throughout all storage and transfer procedures.

(2) All samples shall be stored under circumstances that restrict access to reduce the likelihood of tampering and protect the chain of custody. The number of individuals with access to the storage area shall be limited to the minimum number possible.

(3) The following information shall be maintained for each sample stored:

(a) Patient identifier;

(b) Date collected;

(d) Signature of the collecting medical professional;

(e) Date and time entered into storage and signature of person receiving; and

(f) Date and time removed from storage, signature of person removing, and purpose of removal.

(4) If the victim chooses to report the incident to law enforcement as a crime or has authorized the release of samples to local law enforcement for secure storage, the appropriate law enforcement agency shall be notified of the report within twenty-four (24) hours of the examination. The examination facility shall transfer samples to local law enforcement officials within five (5) days.

(5) Law enforcement officials shall comply with the storage requirements prescribed within KRS 524.140.

(6) Law enforcement officials shall submit the kit for analysis to the Kentucky State Police Forensics Laboratories within thirty (30) days.

(7) If the victim chooses not to report the incident to law enforcement as a crime when the examination is performed, the examination facility shall arrange for the samples to be stored securely for at least a period of one (1) year. An agency that elects to maintain custody of an unreported kit shall continue to maintain custody of the kit for at least one (1) year from the collection date.

(8) The examination facility may either store samples or transfer samples to a designated storage facility.

(9) The examination facility shall maintain documentation regarding transfers of samples.

(10) Facilities or agencies providing secure storage of samples under this section shall assure compliance with this section and ensure that samples are stored within a locked or otherwise secure container in a limited-access location.

(11) Storage agreements:

(a) May be long-term or case specific; and

(b) Shall designate sending and receiving facilities and certify compliance with subsections (1) through (9) of this section.

(12) If the victim chooses not to report the incident to law enforcement as a crime when the examination is performed, samples shall not be released to a law enforcement agency, except if:

(a) The local law enforcement agency receiving samples has entered into an agreement to serve as a designated storage facility;

(b) The victim later chooses to file a delayed report; or

Section 6. Removal of Samples from Secure Storage. Samples shall not be permanently removed from storage except if:

(1) The victim authorizes release of samples to a law enforcement agency or other entity;

(2) The time frame for storage has lapsed, as established by Section 5(7) of this administrative regulation;

(3) The victim authorizes the destruction of the samples; or

(4) A court order has been issued for release or destruction.

Section 7. Destruction of Samples.

(1) One (1) year after the sample was collected, the examination facility or designated storage facility may destroy the sample at any time in accordance with the facility's policy.

(2) Destruction shall be conducted using biohazard precautions.

(3) Destruction shall be documented by the examination facility or designated storage facility that stored the samples.

(4) Samples may be destroyed upon the request of a victim. The victim's request for destruction shall be documented by the examination facility and designated storage facility, if used.

Section 8. Incorporation by Reference.

(1) Sexual Assault Response Advisory Committee Guidance "Kentucky Medical Protocol for Child Sexual Assault-Abuse Evaluation", 2024 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Association of Sexual Assault Programs, Inc., 83 C. Michael Davenport Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Children's Advocacy Centers of Kentucky Web site at https://cackentucky.org/.

History

RELATES TO: KRS 15A.160, 16.132, Chapter 49, 72.020, 209.020(4), 209.030, 209A.020, 209A.030, 209A.100, 209A.110, 209A.130, 211.600, 216B.015(27), 216B.400, 216B.990(3), 314.011(14), 403.707, 421.570, 510.010-510.140, 524.140, 529.010(3), 529.010(14), 529.100, 530.020, 530.064(1)(a), 531.310, 600.020, 620.030, 34 U.S.C. 10449, 45 C.F.R. 164.512
STATUTORY AUTHORITY: KRS 15A.160, 216B.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Justice and Public Safety Cabinet to promulgate administrative regulations for the administration of all laws and functions that are vested in the cabinet, except laws and functions vested in the Department of Public Advocacy. KRS216B.400 requires the cabinet to promulgate administrative regulations developing a statewide medical protocol for sexual assault examinations. This administrative regulation establishes the procedures to be followed by medical staff before, during, and after the examination of a victim of a sexual assault.
History: 502 KAR 012:010. 25 Ky.R. 2479; Am. 26 Ky.R. 378; eff. 8-16-1999; 37 Ky.R. 1546; 1997; eff. 3-4-2011; 48 Ky.R. 1286, 2038; eff. 4-5-2022; 51 Ky.R. 1204, 1655; eff. 6-3-2025.

Chapter 13 Law Enforcement Officers Safety Act of 2004

502 KAR 13:010 Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:010}

Section 1. Definitions.

(1) "Applicant" means an honorably retired peace officer who has applied to the Kentucky State Police to be certified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C.

(2) "Application form" means the Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for License.

(3) "Honorably retired" means an elected or appointed peace officer who meets the requirements to be a qualified retired law enforcement officer as defined by 18 U.S.C. 926C(c).

(4) "License" means the document indicating the approved certification pursuant to the Law Enforcement Officers Safety Act of 2004, as codified in 18 U.S.C. 926C.

(5) "Peace officer" is defined by KRS 446.010(31) and 61.365.

Section 2. An application form shall be identified by a unique number that shall be:

(1) Expressed on the application form as a bar code that contains the application number;

(2) Used as the identifying number for the applicant; and

(3) Machine and human readable.

Section 3. Application forms shall:

(1) Not be stored in an area accessible to the public; and

(2) Not be removed from the office of the sheriff except as permitted by Section 7(4) of this administrative regulation.

Section 4. An applicant shall submit an application form and documents required by KRS 237.138 to 237.142 to the department:

(1) Electronically, via the portal on the department Web site; or

(2) By the procedures in Section 5 through Section 7 of this administrative regulation.

Section 5. A sheriff shall issue an application form to an applicant if:

(1) An applicant meets the requirements established by KRS 237.138 to 237.142;

(2) The sheriff has verified that an applicant is qualified for certification pursuant to KRS 237.138 to 237.142 and this administrative regulation;

(3) An applicant has submitted the material required by KRS 237.138 to 237.142 and this administrative regulation;

(4) Verification that an applicant is a Kentucky resident is made by:

(a) Submission of a valid Kentucky operator's license or personal identification card issued by the Transportation Cabinet pursuant to KRS 186.412;

(b) Personal knowledge of the sheriff; or

(5) Verification of an applicant's Social Security number is made by submission of:

(a) The applicant's Social Security card; or

(b) A governmental agency document that contains the applicant's name and Social Security number.

Section 6. Completion of Paper Application Form through Sheriff. An applicant shall:

(1) Complete an application form;

(2) Sign the application in the applicant signature block of the application form in ink;

(3) Provide the information required by KRS 237.110(7)(a) through (e) on the application form;

(4) Not fold or tear the form;

(5) Use a black ink pen to complete the form;

(6) Not mark or otherwise make an entry in the "For Sheriff's Dept. Use Only" portion;

(7) Fill each bubble completely;

(8) Fill in or enter information, as appropriate, within a column block or bubble;

(9) Write within the constrained areas;

(10) Use upper case (capital) letters;

(11) Provide a photograph of the applicant complying with the provisions of 502 KAR 13:070;

(12) Submit the following completed forms to the sheriff to be attached to the application form:

(a) A KSP 123, LEOSA Range Qualification Certification;

(b) A KSP 124A, LEOSA Applicant Certification; and

(13) Not be required to pay an application fee.

Section 7. Sheriff's Duties.

(1) If an applicant fails to follow the instructions for completion of an application, the sheriff shall:

(a) Destroy the improperly completed application; and

(b) Require the applicant to complete a new application form.

(2) The sheriff shall complete in black ink the lower right hand portion of the application form titled "For Sheriff's Dept. Use Only" by:

(a) Completing the ORI Number;

(b) Filling in the date of application;

(d) Indicating the applicant is seeking LEOSA certification; and

(e) Signing in the portion labeled "Authorizing Official Signature."

(3) The sheriff shall place the following material in a single applicant packet:

(a) The applicant's completed application form;

(b) A photograph of the applicant complying with the provisions of 502 KAR 13:070; and

(4) The sheriff shall mail single applicant packets[in a bulk mailer to Kentucky State Police, LEOSA, 1266 Louisville Road, Frankfort, Kentucky 40601.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Carry Concealed Deadly Weapons/LEOSA: Application for License", September 2022;

(b) "LEOSA Range Qualification Certification", KSP 123, 2022;

(d) "LEOSA Law Enforcement Retirement Certification", KSP 124B, 2014.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday 8 a.m. to 4:30 p.m. This material is also available on the department Web site at kentuckystatepolice.org.

History

RELATES TO: KRS 15.383, 61.365, 186.412, 237.138-237.142, 446.010(31), 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for certification.
History: 32 Ky.R. 437; 623; eff. 11-4-2005; 34 Ky.R. 1200; 1721; eff. 2-1-2008; 686; 911; eff. 12-2-2011; 48 Ky.R.1289, 2248; 49 Ky.R. 1070; eff. 1-31-2023.

502 KAR 13:030 Range qualification for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:030}

Section 1. Perform Live-firing Exercises. An applicant shall annually qualify for certification by performing a live-firing exercise in which the applicant is required to:

(1) Fire from a safe position;

(2) Perform without receiving any assistance in holding, aiming, or firing from the instructor or any other person; and

(3) Meet the marksmanship qualification requirement for a retired peace officer as specified in KRS 237.140(4)(a).

Section 2. Supervision of Live-firing Exercise. The live-firing exercise shall be supervised as required by KRS 237.140(4)(b).

Section 3. Live-Firing Exercise Procedures and Grading.

(1) If the live-firing exercise is conducted at a facility or range that requires a training instructor or range officer to clear or directly supervise and assist in the clearing of all firearm jams or malfunctions, the clearing of a firearm jam or malfunction by a certified firearms instructor or facility range officer in accordance with that policy shall not constitute prohibited assistance to an applicant for the purposes of Section 1(2) of this administrative regulation.

(2) An applicant shall provide a safe, functional handgun and factory-loaded ammunition.

(3) Prior to conducting range firing, the firearms instructor shall:

(a) Inspect each applicant's firearm; and

(b) Not allow the firing of a handgun that the instructor has reason to believe is not in sound mechanical condition or otherwise may pose a safety hazard.

(4) A passing grade shall not be given on range work to an applicant who:

(a) Does not follow the orders of the firearms instructor;

(b) In the judgment of the firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(c) Fails to meet the marksmanship qualification requirement for a retired peace officer as specified in KRS 237.140(4)(a).

(5) If the applicant successfully completes the live-firing exercise, the firearms instructor shall mail or hand deliver the completed KSP 123, LEOSA Range Qualification Certification, showing the applicant's successful completion of the live-firing exercise to the applicant within five (5) business days.

Section 4. Incorporation by Reference.

(1) "LEOSA Range Qualification Certification", KSP 123, 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville, Road, Frankfort, Kentucky 40601, Monday through Friday 8 a.m. to 4:30 p.m. This material is also available on the department Web site at kentuckystatepolice.org.

History

RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for range qualification for certification.
History: 34 Ky.R. 1313; 1723; eff. 2-1-2008; 48 Ky.R. 1291; 49 Ky.R. 1071; eff. 1-31-2023.

502 KAR 13:040 Issuance, expiration, and renewal of certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:040}

Section 1. Issuance of License.

(1) The department shall issue a LEOSA license if it confirms that the applicant is qualified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C after the department has received the documentation required by 502 KAR 13:010.

(2) If the department issues a LEOSA license, it shall:

(a) Transmit the license to the sheriff; and

(b) Send a notice to the applicant:

Informing him or her that the license is being conveyed to the sheriff of the county where the applicant resides and what date the license will be available from the sheriff; and
Including a section that the applicant may sign in the presence of the sheriff or the sheriff's designee.

(3) The sheriff shall issue the license to the applicant upon:

(a) Verification of the identity of the applicant by:

Submission of a valid Kentucky operator's license or personal identification card issued by the Transportation Cabinet pursuant to KRS 186.412; or
Personal knowledge of the sheriff; and

(b) Signature on the notice of issuance by the applicant in the presence of the sheriff or the sheriff's designee.

Section 2. Expiration. A LEOSA license shall expire one (1) year from the date of the range qualification listed on the KSP 123, LEOSA Range Qualification Certification, submitted with the application.

Section 3. Extension.

(1) Not less than ninety (90))] days prior to the expiration date of the license, the department shall notify each licensee of the expiration by mail.

(2) Any licensee wishing to extend the license shall qualify with a certified range instructor in compliance with KRS 237.140 and have the required material submitted to the Department of Kentucky State Police by the range instructor. The extension shall be for up to one (1) year and may be repeated not more than four (4) times.

(3) Any licensee wishing to obtain a new license shall apply and be approved in the manner described in 502 KAR 13:010 and this administrative regulation for first time applicants except that a licensee shall not have to submit a copy of the LEOSA Law Enforcement Retirement Certification, KSP 124B, if the licensee previously submitted a retirement certification that was accepted by the department.

Section 4. Identification. A LEOSA license issued by the department to a successful applicant shall consist of a photographic identification card containing the following:

(1) The front of the photographic identification card shall include the following information for the certified retired peace officer:

(a) Name;

(b) Address;

(d) Law enforcement agency retired from;

(e) Expiration date of certification;

(f) LEOSA license number; and

(g) Photograph.

(2) The back of the photographic identification card shall state the following: The Commonwealth of Kentucky hereby certifies that the licensee identified on the front of this card is a qualified retired law enforcement officer as defined in the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926C, and has, within one (1) year prior to the expiration date shown on the front of this card, been tested or otherwise found by the Commonwealth of Kentucky to meet the marksmanship qualification requirement established by the Commonwealth for peace officers.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "LEOSA Range Qualification Certification", KSP 123, 2022;[- and

(b) "LEOSA Law Enforcement Retirement Certification", KSP 124B, 2014.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The phone number for the Criminal Identification and Records Branch is (502) 227-8700. This material is also available on the department's Web site at kentuckystatepolice.org.

History

RELATES TO: KRS 186.412, 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for the issuance, expiration, and renewal of a LEOSA license.
History: 34 Ky.R. 1315; Am. 1723; eff. 2-1-2008; 38 Ky.R. 689; 912; eff. 12-2-2011; 48 Ky.R. 1292; 49 Ky.R. 1072; eff. 1-31-2023.

502 KAR 13:050 Replacement of licenses to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:050}

Section 1. Lost, Destroyed, or Stolen LEOSA License.

(1) If a LEOSA license is lost, destroyed, or stolen, a licensee shall notify the department on a Request For Duplicate LEOSA License, KSP 127.

(2) A licensee shall complete the Request For Duplicate LEOSA License, KSP 127, in the presence of the sheriff.

(3) The completed Request For Duplicate LEOSA License, KSP 127, shall be:

(a) Signed by the licensee in the presence of the sheriff;

(b) Notarized;

(d) Transmitted by the sheriff to the department as established in 502 KAR 13:010, Section 7(4).[

(4) The department shall issue a duplicate license if it confirms that the requirements of 502 KAR 13:040 have been met.

(5) If the department approves the request for a duplicate license, the department shall:

(a) Issue a duplicate license that contains a license number that differs from the license number on the lost, destroyed, or stolen license;

(b) Send the duplicate license to the sheriff; and

At the office of the sheriff; and
After verification of identity of the licensee as provided by 502 KAR 13:010, Section 5.

Section 2. Incorporation by Reference.

(1) "Request For Duplicate LEOSA License", KSP 127, 2014, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville, Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The phone number for the Criminal Identification and Records Branch is (502) 227-8700. This material is also available on the department's Web site at kentuckystatepolice.org.

History

RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for the replacement of LEOSA licenses that have been lost, destroyed, or stolen.
History: 34 Ky.R. 1317; 1724; eff. 2-1-2008; 48 Ky.R. 1294; 49 Ky.R. 1073; eff. 1-31-2023.

502 KAR 13:060 Change of personal information regarding certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:060}

Section 1. Change of Personal Information.

(1) If the address or personal information of a licensee has changed, the licensee shall notify the department within thirty (30) days of the change of personal information on the Law Enforcement Officers Safety Act Licensee Request for Change of Personal Information, KSP 120.

(2) The Law Enforcement Officers Safety Act Licensee Request for Change of Personal Information, KSP 120, shall be:

(a) Completed and signed by the licensee in the presence of the sheriff; and

(b) Executed under oath.

(3) The sheriff shall verify the change of personal information as provided by 502 KAR 13:010, Section 5.

(4) The completed Law Enforcement Officers Safety Act Licensee Request for Change of Personal Information, KSP 120, shall be:

(a) Signed by the sheriff; and

(b) Transmitted by the sheriff to the department pursuant to 502 KAR 13:010, Section 7(4).

Section 2. Incorporation by Reference.

(1) "Law Enforcement Officers Safety Act Licensee Request for Change of Personal Information", KSP 120, 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville, Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The phone number for the Criminal Identification and Records Branch is (502) 227-8700. This material is also available on the department's Web site at kentuckystateppolice.org.

History

RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for the change of personal information regarding LEOSA licensees.
History: 34 Ky.R. 1318; 1725; eff. 2-1-2008; 48 Ky.R. 1295; 49 Ky.R. 1073; eff. 1-31-2023.

502 KAR 13:070 Applicant photograph requirements for certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:070}

Section 1. Definition. (1) "License" means the document indicating the approved certification pursuant to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926C.

Section 2. The photograph of an applicant for a LEOSA license shall not be an image produced by a copier or copy equipment and shall:

(1)

(a) Be an original color photograph or a color photographic copy developed from the negative of an original photograph and:

Be no less than three and one-half (3 1/2) inches by four (4) inches; and
Not exceed four (4) inches by six (6) inches;

(b) Be a color photograph from a digital camera, rated for seven (7) megapixels or greater, printed on photograph quality paper; or

2 x 2 inches in size; and
Between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the head;

(2) Display the full front of the head and the facial features of the applicant; and

(3) Not be a photograph of the applicant wearing:

(a) Sunglasses;

(b) A hat; or

Section 3. The department shall:

(1) Consider an application incomplete if an applicant submits a photograph that it determines does not comply with the requirements of Section 1 of this administrative regulation; and

(2) Notify the sheriff who transmitted the application form and the applicant pursuant to the provisions of 502 KAR 13:080.

History

RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.140 provides for the certification of honorably retired elected or appointed peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C and requires the Kentucky State Police to promulgate administrative regulations to implement the certification provisions. This administrative regulation establishes applicant photograph requirements for LEOSA certification.
History: 34 Ky.R. 1319; Am. 1725; eff. 2-1-2008; 38 Ky.R. 690; 913; 12-2-11; Crt eff. 2-26-2020.

502 KAR 13:080 Incomplete application for certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 (''LEOSA''), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-080 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:080}

Section 1. An application form shall not be considered complete if:

(1) It does not meet the requirements of 502 KAR 13:010;

(2) It contains erroneous information; or

(3) An item of the application form is illegible or incomprehensible.

Section 2. If the department determines that an application form is incomplete pursuant to the Section 1 of this administrative regulation, the department shall notify the applicant of the:

(1) Reason the application form has been determined to be incomplete; and

(2) The action required to complete the application form.

History

RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the reasons an application form shall be deemed incomplete and the required procedures for the department.
History: 34 Ky.R. 1321; Am. 1725; eff. 2-1-2008; 48 Ky.R. 1297; 49 Ky.R. 1074; eff. 1-31-2023.

Chapter 14 Automated Fingerprint Identification System

502 KAR 14:010 Provision and maintenance of automated fingerprint identification system equipment and programs in detention centers. Submission of fingerprints by jailers to the Kentucky State Police {#sec-502-kar-14-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 14:010}

Section 1. Definitions.

(1) "AFIS" means the Automated Fingerprint Identification System which is a computer-based array of systems maintained by the Kentucky State Police that is designed to capture, search, and store fingerprint images and arrest data.

(2) "Fingerprints" mean graphical representations of the friction ridge skin found on the fingers between the first joint and the fingertip.

(3) "Fingerprint card" means the ink and paper criminal fingerprint records on standard FBI fingerprint cards (FBI form FD-249) or the KSP-22 fingerprint card.

(4) "LiveScan fingerprint capture devices" means computer-based devices designed for the electronic capture and transmission of criminal arrest data and fingerprints of subjects taken into custody for criminal offenses.

(5) "Mug shot" means a photograph of an individual taken as part of the arrest and booking process.

(6) "Rolled fingerprints" means all friction ridge skin captured from the first joint of the finger to the end of each digit from fingernail to fingernail for all ten (10) fingers of the subject, containing as much of the geographical surface area of the area described above by rolling the finger from fingernail to fingernail.

(7) "Palm print" means the friction ridge skin found from the base of the fingers to the wrist, including the edge of the palm.

Section 2.

(1) The Department of Kentucky State Police shall provide and maintain LiveScan fingerprint capture devices in every detention center in the Commonwealth.

(2) All communication equipment associated with LiveScan fingerprint capture devices, including routers, Channel Service Units, Data Service Units, and telecommunication lines necessary to transmit criminal arrest fingerprint records to the Department of Kentucky State Police repository shall be supplied by the department.

(3) Depending on factors, such as cost, volume, and site environmental issues, the Department of Kentucky State Police may equip certain LiveScan fingerprint capture devices with laser printers, palm print scanners, digital mug shot cameras, and associated lighting and backdrops to ensure National Institute of Science and Technology (NIST) compliant mug shot packet collection during the booking process.

Section 3.

(1) The following required data elements shall be entered into the LiveScan fingerprint capture devices during the booking process:

(a) First name;

(b) Last name;

(d) Sex;

(e) Race;

(f) Height;

(g) Weight;

(h) Place of birth;

(i) Skin tone;

(j) Arresting officer name;

(k) Arresting officer badge or unit number;

(l) Arresting agency Originating Agency Identifier (ORI);

(m) Fingerprinting agency Originating Agency Identifier (ORI);

(n) Date of arrest;

(o) Whether mug shot was taken;

(p) Whether DNA was taken;

(q) Whether palm prints were taken;

(r) Violation (UOR) code;

(s) KRS citation of offense;

(t) Citation number; and

(u) Date of offense.

(2) The fourteen (14) fingerprint images shall consist of:

(a) Rolled fingerprints;

(b) Simultaneous impressions of the left and right hand four fingers (index, middle, ring, and little) taken in a "straight down" or "flat" method; and

(3) Image specifications shall be in compliance with the Federal Bureau of Investigation's electronic fingerprint transmission specifications, "Electronic Biometric Transmission Specification (EBTS), in effect at the time of transmission that may be located on the FBI's biometric specification Web site.."

Section 4. Jailers shall electronically submit the fingerprints taken pursuant to KRS 441.046 to the Department of Kentucky State Police via a LiveScan fingerprint capture device. If the LiveScan fingerprint capture device is not functioning due to damage, power failure, or other circumstance beyond the control of the jailer, fingerprints shall be placed on a fingerprint card and sent via U.S. mail, to: AFIS Section, Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville Road, Frankfort, Kentucky 40601.

Section 5. Fingerprints and criminal arrest data shall be sent to the Department of Kentucky State Police as soon as feasible after the arrest. Fingerprints on a LiveScan fingerprint capture device shall be completed and submitted prior to the subject's release from incarceration. Fingerprints on fingerprint cards may be mailed to the Department of Kentucky State Police on a weekly or semiweekly basis, except the jailer shall not retain fingerprint cards more than thirty (30) days prior to mailing.

Section 6. LiveScan fingerprint capture devices shall be kept in a climate controlled area in a standard office environment that minimizes exposure to foreign substances, such as dust, smoke, and dirt. Electrical circuits for LiveScan fingerprint capture devices shall not have any large ampere draw equipment, such as air conditioners, refrigerators, copy machines, or laser printers on the same circuit. LiveScan fingerprint capture devices shall not be located in an area exposed to weather elements. Users of LiveScan fingerprint capture devices shall report system problems immediately to the Department of Kentucky State Police.

Section 7. Incorporation by Reference.

(1) "Federal Bureau of Investigation fingerprint card", FD-249, 5/11/99, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686.

History

RELATES TO: KRS 17.180, 441.046
STATUTORY AUTHORITY: KRS 17.180, 441.046
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.180 authorizes the Department of Kentucky State Police to promulgate administrative regulations concerning the automated fingerprint identification system equipment and programs to be required at every detention center in the Commonwealth. KRS 441.046 the department to promulgate administrative regulations establishing fingerprint submission requirements for jailers. This administrative regulation establishes requirements for the use of LiveScan fingerprint capture devices and for fingerprint submissions to the department.
History: 25 Ky.R. 2479; Am. 26 Ky.R. 378; eff. 8-16-1999; 37 Ky.R. 1546; 1997; eff. 3-4-2011; 48 Ky.R. 1286, 2038; eff. 4-5-2022.

Chapter 15 General Traffic

502 KAR 15:010 Traffic collision reports {#sec-502-kar-15-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 15:010}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 16.010(2).

(2) "Department" is defined by KRS 16.010(8).

(3) "Person" is defined by KRS 446.010(33).

(4) "Traffic collision report" means the report for a traffic collision or vehicle accident within the Commonwealth that is required in KRS 186.635.

Section 2. Collision Reporting.

(1) A law enforcement officer shall make a traffic collision report as required in KRS 189.635(3) using the E-CRASH collision reporting system in the Kentucky Open Portal Solution (KYOPS) client application. The E-CRASH collision reporting system shall be the reporting system for the reports by a law enforcement officer required by KRS 189.635(1)-(3). For access to the reporting system, a law enforcement agency may contact the Kentucky State Police, Criminal Identification and Records Branch, 1266 Louisville Road, Frankfort, Kentucky 40601, (502) 227-8700.

(2) If a traffic collision is not investigated by a law enforcement officer, a party involved in the collision may submit the report required by KRS 189.635(4) by using the online civilian collision reporting tool located on the department Web site at https://kentuckystatepolice.org/civilian-collision-reports.us.

Section 3. A law enforcement agency whose officers make a traffic collision report shall be the originating agency with respect to the report. Responsibility for providing to the parties authorized by KRS 189.635 shall remain with the originating agency.

Section 4. Fees for Vehicle Collision Reports. Vehicle Collision Reports may be obtained by authorized parties pursuant to KRS 189.635(5) and (8) upon payment of the following fees:

(1) Paper copies: five (5) dollars; and

(2) Reports obtained via the Kentucky State Police Web site: ten (10) dollars.

Section 5. News-gathering organization. An organization requesting a traffic collision report pursuant to KRS 189.635(8) shall complete and sign KSP 029, News-gathering organization certification and submit the form with the request for records by:

(1) Email to ksp.openrecords@ky.gov;

(2) Fax to 502-573-1636; or

(3) Mail or hand delivery to Kentucky State Police, Legal Services Branch, Attn: Records Custodian, 919 Versailles Road, Frankfort, Kentucky 40601.

Section 6. Incorporation by Reference.

(1) KSP 029, "News gathering organization certification", 9/2021 edition.

Section NaN.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Legal Services Branch, 919 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Kentucky State Police Web site at https://kentuckystatepolice.org/open-records-requests/.

History

RELATES TO: KRS 189.635
STATUTORY AUTHORITY: KRS 15A.160, 189.635
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations for the administration of all laws and functions which are vested in the cabinet, except laws and functions vested in the Department of Public Advocacy. KRS 189.635 requires the Department of Kentucky State Police to establish a reporting system for vehicle collisions, including uniform reporting procedures, collision report dissemination, and fee schedule. This administrative regulation establishes the reporting system, dissemination procedures, and fee schedule.
History: 1 Ky.R. 1034; eff. 6-11-1975; 30 Ky.R. 2228; 2457; eff. 7-2-2004; 35 Ky.R. 377; 816; eff. 10-31-2008; 48 Ky.R. 1300, 2594; eff. 7-5-2022.

502 KAR 15:020 Abandoned vehicles {#sec-502-kar-15-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 15:020}

Section 1. Definitions.

(1) "Department" is defined by KRS 16.010(8).

(2) "Presumed abandoned" means a vehicle that has been left upon the right-of-way of a state highway, county road, or city street for a period of three (3) consecutive days.

(3) "Rights-of-way" means, in addition to the actual width of a state highway and the area between any separated highway, those areas lying outside the shoulders and ditch lines and within any landmarks, such as fences, fence posts, cornerstones, or other similar monuments indicating the boundary line.

Section 2. The department shall locate, order removal of, and send notification to the owner of vehicles that are abandoned on the rights-of-way of state highways, county roads, or city streets. This administrative regulation shall not affect vehicles abandoned on toll roads, interstate highways, or other fully controlled access highways as defined in 603 KAR 5:025.

Section 3. Location of Abandoned Vehicles. The department, upon a determination that a vehicle is presumed abandoned on a state highway, county road, or city street shall affix a notice to the vehicle documenting the date and location.

Section 4. Removal and Storage of Abandoned Vehicles.

(1) If a vehicle is presumed abandoned, the department may order any person engaged in the business of storing or towing motor vehicles to remove the abandoned vehicle to a site chosen by the person removing the vehicle.

(2) As soon as practicable, the department shall, if possible, notify the owner by certified mail:

(a) That the vehicle was illegally upon public property;

(b) The present location of the vehicle;

(d) The vehicle may be sold if not claimed within sixty (60) days.

(3) A notification shall not be required if ownership cannot be determined.

(4) Notice by the department shall constitute substantial compliance of the notice requirement by the towing and storing business.

Section 5. Sale of Abandoned Vehicles.

(1) If after a period of sixty (60) days the reasonable charges for towing and storing the vehicle have not been paid, the vehicle may be sold by the owner of the towing or storing facility to pay the charges.

(2) Prior to setting any date for sale, the towing or storage facility shall:

(a) Contact the state police and determine if the vehicle is part of an ongoing investigation that would preclude sale; and

(b) Inform the state police of any anticipated date of sale.

(3) Ten (10) days prior to the sale, the towing or storing facility shall send a certified letter to the owner stating the time and place of the sale.

(4) If the owner fails to respond to this second notice or make provisions to pay the towing and storage charges, the vehicle may be sold pursuant to KRS 376.275.

(5) In the event of such sale, the state shall receive any proceeds after the satisfaction of all liens placed on the vehicle.

(6) The towing or storage facility selling any vehicle shall by affidavit inform the department of the towing and storage charges, the proceeds of the sale, and transmit any excess funds which shall be deposited in the state police agency fund account.

History

RELATES TO: KRS 189.450, 189.751, 189.752, 189.753, 376.275
STATUTORY AUTHORITY: KRS 189.753(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.753(3) requires the Department of Kentucky State Police to promulgate administrative regulations to carry out the provisions of KRS 189.753, relating to abandoned vehicles . This administrative regulation establishes the procedures for location, removal, notification of owners and sale of abandoned vehicles.
History: 13 Ky.R. 601; eff. 10-2-1986; 48 Ky.R. 1301, 2405; eff. 5-31-2022.

Chapter 20 Polygraph

502 KAR 20:010 Examination standards {#sec-502-kar-20-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:010}

Section 1. Within the forty-five (45) day period prior to the expiration of his original license, the trainee must take and pass a written examination as prescribed by the cabinet. If the trainee fails to pass the written examination, the cabinet, at the request of the trainee and his supervisor, may allow the trainee to retake the examination if the cabinet has received a sworn, notarized, written affidavit from the trainee's supervisor that he has given the trainee the additional training necessary, in his opinion, to assure the trainee can pass the examination and at least thirty (30) days have elapsed since the date of the trainee taking the last examination. If the trainee fails to pass the second examination, the cabinet, upon being shown good cause, may extend the trainee's license and intern program for a period of one (1) year.

Section 2. If a trainee license and intern program are extended by the cabinet, the administrative regulations governing the original intern training program will be followed except that the trainee will be allowed to take the written examination only one (1) additional time, and this must take place within the final thirty (30) day period prior to the expiration of his second trainee license. If the trainee fails to pass the written examination for the third time, his license shall be suspended and he must wait for a period of one (1) year before again applying for such license.

Section 3. The written examination for a detection of deception examiner license shall consist of a combination of essay, multiple choice and true-false questions. A score of seventy (70) percent correct answers shall be considered passing. Examinations will be given at a time and place designated by the cabinet. In addition to the written examination, the cabinet may require each license applicant to demonstrate his competence and proficiency by conducting a polygraph examination under the supervision of a qualified observer(s) appointed by the cabinet. Any applicant for an examiner's license who fails the examination may retake the examination after a period of thirty (30), but not more than forty-five (45), days have elapsed since the first examination. Any applicant for an examiner's license who fails the second examination must wait at least six (6) months before reapplying for a license. An applicant for an examiner's license who presently holds a license as a trainee shall follow the rules and administrative regulations established for such applicants.

Section 4. Suggested reference material from which the necessary information to pass the examination may be obtained is listed below. Other material is available from which such information may be obtained, and the following list is not intended to be an exclusive list of references.

(1) "Truth and Deception," by Reid and Inbau;

(2) "Lie Detection and Criminal Interrogation," by Inbau and Reid;

(3) "The Machinery of the Body," by Carlson, Johnson and Cavert;

(4) "Abnormal Psychology in the Life Cycle," by Allman and Jaffe;

(5) "Introduction to Psychology," by Hilgard, Atkinson and Atkinson;

(6) Polygraph instrument manuals;

(7) "Outline of Physiology," by L. L. Langley;

(8) Kentucky Revised Statutes, Chapter 329 (Detection of Deception Examiners) and related administrative regulations; and

(9) "Physiology of the Human Body," by J. Robert McClintic.

History

RELATES TO: KRS 329.030
STATUTORY AUTHORITY: KRS 15A.160, 329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(5) provide that the Secretary of the Justice Cabinet may establish such rules and administrative regulations for examinations for detection of deception examiners. This administrative regulation establishes the standards for such examinations.
History: 5 Ky.R. 284; eff. 11-1-78; Crt eff. 2-26-2020.

502 KAR 20:020 Detection of deception examiners {#sec-502-kar-20-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:020}

Section 1. Definitions.

(1) "Detection of deception examiner" is defined by KRS 329.010(1).

(2) "Secretary" is defined by KRS 329.010(5).

(3) "Sex crime" means an offense or attempt to commit an offense defined in:

(a) KRS Chapter 510;

(b) KRS 530.020;

(d) KRS 531.310; or

(e) KRS 531.320.

Section 2. Advertising, soliciting, and discrimination are prohibited as follows:

(1) An examiner shall not advertise in any manner that would tend to deceive or defraud the public.

(2) An examiner shall not publish or circulate any fraudulent, false, or misleading statements as to the skill or method of practice of any person or examiner.

(3) An examiner shall not claim superiority over other examiners as to skill or method of practice.

(4) An examiner shall not divide fees, or agree to split or divide fees received for detection of deception services with any person for bringing or referring a client.

(5) An examiner shall not attempt to solicit business as a result of information or statements obtained from an examinee relating to the examinee's past employment or employer.

(6) An examiner shall not refuse to render detection of deception services to or for any person solely on account of the race, color, creed, sex, or national origin of the person.

Section 3.

(1) The examiner shall inform the prospective examinee that taking the detection of deception examination is a voluntary act and the examiner shall obtain the written consent of the examinee to undergo the examination.

(2) The examiner shall not conduct an examination on any person whom the examiner believes, through observation or any other credible evidence, to be physically or psychologically unfit for the examination at that time.

(3) The examiner shall, immediately upon request of the examinee, terminate an examination in progress.

(4) The examiner shall not render a verbal or written opinion based on chart analysis, until the examinee has had a reasonable opportunity to explain any reactions to pertinent questions.

(5) The examiner shall not interrogate or conduct an examination of an examinee's sexual behavior, or ask any questions that can be construed as being sexually oriented or personally embarrassing to the examinee, regardless of marital status, unless the topic is a specific issue or unless it refers to the basic matter pertinent to the examination.

(6) The examiner shall not conduct an examination if the examiner has reason to believe the examination is intended to circumvent or defy the law.

(7) The examiner shall not knowingly issue, or permit an employee to issue, a polygraph examination report that is misleading, biased, or falsified in any way. Each report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on analysis of the polygraph charts.

(8) The examiner shall not conduct a polygraph examination without first reviewing with the examinee the:

(a) Issues to be covered during the examination; and

(b) General content of the questions to be asked during the examination.

(9)

(a) During deception tests, the examiner shall not render a conclusive truthful or deceptive decision, based on chart analysis, without presenting the same relevant test questions to the examinee three (3) or more times.

If the examinee has submitted to fewer than three (3) presentations of each relevant question, the results shall be recorded as no opinion.
The fact of the examinee's refusal shall be noted in the verbal or written report of the examination.

(b) An examiner may terminate an examination in progress at the examiner's discretion if, in the examiner's opinion, the examinee has become physically or psychologically unfit, or has become uncooperative to the point that it would be useless to continue the examination.

(10)

(a) All questions and answers asked during a polygraph examination shall be marked on the polygraph charts at the appropriate place on the chart where the question was asked and the answer given.

(b) If a question sheet with numbered questions is used, the number of the asked question along with the answer given shall be noted and the question sheet shall be attached to the polygraph chart and made a part of the examinee's file.

(c) Each polygraph chart shall be identified as to the person being examined, the examiner, time and date of the examination, and the chart number.

(11)

(a) The examiner shall not, unless professionally qualified to do so, include in any written report any statement purporting to be a medical, legal, or psychiatric opinion or which would infringe upon areas under the cognizance of professionals in those fields.

(b) The examiner may describe the appearance or behavior of the examinee, if:

The information is pertinent to the examination; and
The examiner refrains from offering any diagnosis that the examiner is professionally unqualified to make.

(12)

(a) The examiner shall not offer testimony concerning the charts or conclusions presented by another examiner unless the examiner is thoroughly familiar with the techniques and procedures used by the other examiner.

(b) An examiner may testify concerning the examiner's independent examination of the same examinee.

(13) An examiner shall report to the cabinet any action or misconduct on the part of another examiner which would be in violation of the provisions of KRS Chapter 329 or 502 KAR Chapter 20.

Section 4. Detection of Deception Examinations of Victims of Sex Crimes.

(1) The victim of a sex crime has the right to refuse examination and shall be informed of this right.

(2) An examination shall not be requested, required, or conducted of a sex crime victim as a condition for proceeding with the investigation of the crime.

(3) Except as provided by subsection (4) of this section, examination of a sex crime victim shall not be conducted unless:

(a) The victim's consent to the examination is in writing and received by the examiner before the examination begins;

(b)

The suspect has declined examination, has passed an examination, or has been found unsuitable for an examination; or
After an investigation, the suspect cannot be identified or located;

Interviewing the victim, any witnesses, any potential witnesses, and the suspect, if possible;
Submitting any evidence to the laboratory, if appropriate; and
Pursuing any leads identified during the investigation; and

(d) Before the examination, the investigating officer has provided the examiner with a signed, written document:

Describing any inconsistencies in the victim's allegation;
Stating if any inconsistency can be substantiated by existing physical or testimonial evidence;
Listing investigative strategies that have been used in the case;
Declaring that the victim has not been told that the investigation would cease if the victim refuses to consent to an examination; and
Containing no reference to whether the victim is behaving like a typical sexual assault victim.

(4)

(a) A sex crime victim may request examination. The investigator may arrange for the requested examination and the examination may be conducted if:

The request is voluntary and at the victim's own initiative;
It is documented in writing that the request is by the victim;
The written request is signed by the victim;
The written request is received by the examiner before the examination begins; and
The victim has an opportunity to consult with a victims' advocate prior to the examination.

(b) An examination shall not be considered to be at the victim's request if the victim agrees to the examination in response to a request by the investigator to take an examination.

(5) Every reasonable attempt shall be made to avoid visible and audio contact between the victim and suspect during the examination process. If contact is made, the examination shall be postponed and rescheduled for another date and time.

(6) The victim shall be advised that at the victim's request, a victim's advocate shall be allowed to watch the examination from a two (2) way mirror or by closed circuit television in real time. The examiner and the victim shall be the only two (2) individuals inside the examination room during the entire examination process, except if a language interpreter is required.

(7) At the beginning of the examination, the examiner shall advise the victim that the examination is a stressful experience and that if the victim feels uncomfortable at any time with the polygraph process, it shall be terminated immediately.

(8) The victim shall not be interrogated under any circumstance. A post-examination debriefing shall be conducted to give the victim the opportunity to explain any unresolved responses on the examination. The victim shall be advised that upon the victim's request, a victim's advocate shall be allowed to watch the debriefing session from a two (2) way mirror or closed circuit television.

(9) The testing format utilized shall be a researched comparison/control question format (CQT). The relevant questions shall be answered with a "yes" or "no" answer.

(10) An irrelevant/relevant question format shall not be utilized on any sex crime victim.

(11) Past sexual history of the victim shall not be explored by the examiner.

(12) Sex related comparison/control questions shall not be asked of the victim. Lie comparison questions, excluding sex, shall be used on sex crime victims.

(13) At the end of the examination, the examiner shall advise the victim of the results.

(14) Quality control of the examination shall be conducted in writing and maintained with the polygraph file at least until after adjudication of the case.

(15) The entire examination shall be videotaped with adequate picture and sound from the time the victim walks into the testing room until the victim leaves the testing room for the last time. There shall not be a break in the videotaping of the process. The videotape shall be maintained as evidence at least until the investigation is adjudicated.

Section 5.

(1) The examiner shall maintain on file for at least two (2) years all records, papers, polygraph charts, consent to examination forms, notes, question lists or sheets, and reports of polygraph examinations that the examiner conducted.

(2)

(a) Except as provided in paragraph (b) of this subsection, an examiner who leaves the employment of another examiner, agency, firm, or company shall be allowed access, after showing reasonable cause, to the files of examinations that the examiner conducted during the two (2) year period prior to the date of the request.

(b) Without the approval of the employing examiner, agency, firm, or company, the examiner shall not remove any of the material contained in the file or make notes of any of the information contained in the file.

(3) The cabinet shall, if there is just cause, inspect the records, reports, polygraph charts, and all paperwork connected with an examination to determine if an examiner is conducting examinations in accordance with the provisions of KRS Chapter 329 and 502 KAR Chapter 20.

Section 6. Continuing Education Requirements.

(1) Each examiner shall complete at least twenty (20) hours of instruction in subject matter relating directly to the polygraph profession during the licensing year. Acceptable polygraph training for purposes of this requirement shall be:

(a) Polygraph seminars, courses, or other training sponsored by any national polygraph association, state polygraph association, or American Polygraph Association accredited polygraph school;

(b) Any training in polygraphy sponsored by a law enforcement training academy approved by the secretary or his or her designee if the instructor is certified by the Kentucky Law Enforcement Council;

(c) Training received during the course of internship established in 502 KAR 20:030 and approved by the Secretary in writing; or

(d) Any training directly relating to polygraph subject material that is sponsored by individuals who are nationally recognized as experts in the profession or is otherwise shown to be high quality training in the field and has been preapproved by the secretary or the secretary's designee in writing.

(2) Each examiner submitting a request to renew the examiner's license for the following year shall also submit proof of completion of the required instruction, such as a copy of the diploma, certificate, or other documentation confirming instruction and attendance.

History

RELATES TO: KRS 329.010 -329.030
STATUTORY AUTHORITY: KRS 15A.160, 329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(6) require the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations establishing professional standards for detection of deception examiners. This administrative regulation establishes the practice requirements for detection of deception examiners.
History: 5 Ky.R. 285; Am. 337; eff. 11-1-1978; 14 Ky.R. 607; eff. 11-6-1987; 31 Ky.R. 417; 705; eff. 11-5-2004; 33 Ky.R. 4249; 34 Ky.R. 243; eff. 8-31-2007; 36 Ky.R. 919; eff. 5-2-2010; 48 Ky.R. 1303, 2041; eff. 4-5-2022.

502 KAR 20:030 Trainees {#sec-502-kar-20-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:030}

Section 1. Before a trainee may begin an intern program, he must:

(1) Be licensed as a trainee detection of deception examiner in this state;

(2) File with the cabinet the name and identifying information of his internship supervisor;

(3) File with the cabinet a written statement from his supervisor agreeing to undertake the responsibilities for such training and agreeing to abide by administrative regulations adopted by the cabinet; and

(4) Obtain the cabinet's permission to begin the intern program under the control of the proposed superior.

Section 2. The direct, personal supervision and control required by KRS 329.010(2) shall be deemed to have been met under the following conditions.

(1) For the first three (3) months of the intern program, the supervisor must be on the premises where the testing is being conducted by the trainee and is available for instructions and/or consultations with the trainee. At the end of each examination conducted by the trainee, the supervisor will review and critique the polygraph charts of the examination and must place the date of the review and his initials at the end of each chart.

(2) At the end of the first three (3) months of the intern program, and upon the recommendation of the supervisor, the cabinet may allow the trainee to conduct examinations without the supervisor being on the premises at the time of the examination provided that the intern and supervisor meet on at least a weekly basis and the supervisor reviews and critiques the polygraph charts of every examination conducted by the trainee since the previous review session. The supervisor must place the date of the review and his initials at the end of each chart.

(3) At the end of the first six (6) months of the intern program, and upon the recommendation of the supervisor, the cabinet may allow the trainee and the supervisor to meet on at least a monthly basis providing the supervisor reviews and critiques the polygraph charts of any examination in which the trainee has given an inconclusive or undetermined opinion as to the examinee's truthfulness or deception, or any examination in which the trainee indicates he experienced some difficulty in reaching a decision as to the examinee's truthfulness or deception. In addition, the supervisor will select at random at least five (5) of the polygraph charts of examinations conducted by the trainee since the previous review session for review and critique. The supervisor must place the date of the review and his initials at the end of each chart reviewed. The period for this third phase of the intern program will be six (6) months.

Section 3. The trainee shall be required to properly conduct at least twenty-five (25) specific examinations during the intern program.

Section 4. The trainee and supervisor will make periodic reports to the cabinet, on forms provided by the cabinet, on the trainee's progress during the intern program.

Section 5. The cabinet may request and require inspection and review of the internship program of any licensed examiner supervisor or trainee at any time and in the manner prescribed by the cabinet.

Section 6. If at any time a conflict arises during an internship training program, either the trainee or the supervisor shall have the right to appeal in writing to the cabinet for mediation of the conflict. The cabinet, in its discretion, may call upon any resident licensed examiner, who is qualified to be a trainee supervisor, to assist in any hearings, reviews, or critiques in order to resolve the conflict and reach a satisfactory solution.

Section 7. It shall be the duty of both the trainee and the supervisor to report any infraction or violation of the rules which regulate an intern program to the cabinet for appropriate action.

History

RELATES TO: KRS 329.030
STATUTORY AUTHORITY: KRS 15A.160, 329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(4) provide that the Secretary of the Justice Cabinet may establish such rules and administrative regulations for detection of deception trainees during their internship and insure that the trainee meets adequate professional standards. This administrative regulation establishes the requirements for detection of deception trainees.
History: 5 Ky.R. 286; Am. 569; eff. 1-3-79; Crt eff. 2-26-2020.

Chapter 30 Criminal History Record Information System

502 KAR 30:010 Definitions for 502 KAR Chapter 30 {#sec-502-kar-30-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:010}

Section 1. Definitions.

(1) "Administration of criminal justice":

(a) Means performance of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; and

(b) Includes criminal identification activities and dissemination of CHRI.

(2) "Criminal history record information" or "CHRI" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrest, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release.

(3) "Criminal History Record Information System" means a system including equipment, facilities, procedures, agreements, and organization thereof, for the collection, processing, preservation, or dissemination of criminal history record information.

(4) "Criminal justice agency" means:

(a) The persons and entities listed in KRS 17.150(1);

(b) The Court of Justice and the Administrative Office of the Courts to the extent and for purposes agreed upon between the secretary and Chief Justice; or

(c) A government agency or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order, and allocates a substantial part of its annual budget to the administration of criminal justice.

(5) "Disposition":

(a) Means information disclosing that criminal proceedings have been:

Concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also disclosing the nature of the termination of proceedings; or
Indefinitely postponed and also disclosing the reason for the postponement; and

(b) Includes: Acquittal, acquittal by reason of insanity, acquittal by reason of mental incompetence, case continued without finding, charge dismissed, charge dismissed due to insanity, charge dismissed due to mental incompetency, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo contendere plea, conviction, youthful offender determination, death, deferred disposition, dismissed-civil action, found insane, found mentally incompetent, pardoned, probation before conviction, sentence commuted, adjudication withheld, mistrial-defendant discharged, executive clemency, placed on probation, paroled or released from correctional supervision, or any other disposition deemed appropriate by the court.

(6) "Nonconviction data" means information obtained from the date of arrest to the date of disposition, in matters that do not result in a conviction, including information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed, including all acquittals and dismissals.

History

RELATES TO: KRS 15A.160, 17.140
STATUTORY AUTHORITY: KRS 15A.160, 17.140(1), 17.150(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.140 (1) requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires the secretary of the Justice and Public Safety Cabinet to adopt administrative regulations necessary to carry out the provisions of the centralized criminal history record information system and insure the accuracy of criminal history record information being reported to the system. This administrative regulation establishes the definitions to be used in the administration of the centralized criminal history record information system.
History: 11 Ky.R. 1714; eff. 6-4-1985; 48 Ky.R. 1306, 2250; 49 Ky.R. 36; eff. 10-4-2022.

502 KAR 30:020 Arrest and disposition reporting procedure {#sec-502-kar-30-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:020}

Section 1. Offense Reporting Procedure. Law enforcement and criminal justice agencies shall cooperate with the Criminal Identification and Records Branch by complying with the use of a "unique numbering system" to allow court disposition tracing. The "unique numbering system" shall be accomplished by the issuance of a Uniform Citation with every arrest as it relates to this administrative regulation subject to an agreement with the Chief Justice of the Supreme Court of Kentucky as set out in Section 2(2) of this administrative regulation.

Section 2. Disposition Reporting Procedures.

(1) Dispositions shall be submitted from each city and county law enforcement agency to the Criminal Identification and Records Branch.

(2) Upon suitable written agreement with the Chief Justice of the Kentucky Supreme Court and the secretary of the Justice and Public Safety Cabinet, a unique tracking number shall be assigned to each offender at the time of arrest. This unique number shall be utilized throughout the movement of the offender through the criminal justice system, thereby enabling the Administrative Office of the Courts to provide a system compatible format to the Criminal Identification and Records Branch for automatic update of court dispositions in the CHRI files.

History

RELATES TO: KRS 17.110, 17.115, 17.140
STATUTORY AUTHORITY: 15A.160, 17.150(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.140(1) requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 17.110(1) requires all city and county law enforcement agencies submit to the Justice and Public Safety Cabinet, Department of Kentucky State Police, photographs, a set of fingerprints, and a description report of the offense on all persons arrested. KRS 17.115(2) requires persons in charge of any penal or correctional institution to provide the cabinet with fingerprints and descriptions on all persons committed to their custody or detained by them on cases where fingerprints and descriptions are taken, together with a report of the disposition. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires the secretary of the cabinet to adopt administrative regulations necessary to carry out the provisions of the centralized criminal history record information system and insure the accuracy of criminal history record information being reported to the system. This administrative regulation establishes arrest and disposition reporting procedures.
History: 11 Ky.R. 1715; eff. 6-4-1985; 48 Ky.R. 1308, 2252; 49 Ky.R. 37; eff. 10-4-2022.

502 KAR 30:030 Audit of Criminal History Record Information System {#sec-502-kar-30-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:030}

Section 1. The Criminal Identification and Records Branch shall annually conduct an in-house audit of a random representative sample of hard copy data contained in the centralized Criminal History Record Information System. The scope of the audit shall include:

(1) Adherence to federal and state administrative regulations;

(2) Completeness and accuracy of CHRI;

(3) CHRI dissemination procedures;

(4) Security; and

(5) Compliance with mandated access and review procedures. The audit shall be conducted in accordance with guidelines set out in 28 C.F.R. 20.21(e). A report of the audit findings shall be submitted by the administrative head of the Criminal Identification and Records Branch to the commissioner, Department of Kentucky State Police and the secretary of the Justice and Public Safety Cabinet on or before January 10 of each year.

Section 2. The Criminal Identification and Records Branch shall conduct, on an annual basis, audits of at least four (4) criminal justice agencies, submitting or receiving data from or to the centralized Criminal History Record Information System. The criminal justice agencies shall be picked at random. The audits shall be conducted in accordance with guidelines set out in 28 C.F.R. 20.21(e), utilizing the standard audit instrument. A report of the audit findings shall be submitted to the administrative head of the respective criminal justice agency within thirty (30) working days after the audit has been completed. The scope of the audit shall include[:

(1) Adherence to federal and state administrative regulations;

(2) Completeness and accuracy of CHRI;

(3) CHRI dissemination procedures;

(4) Security; and

(5) Compliance with mandated access and review procedures.

History

RELATES TO: KRS 17.140, 17.150, 28 C.F.R. 20.21(e)
STATUTORY AUTHORITY: KRS 15A.160, 17.150(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.140(1) requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 15A.160 authorizes the secretary of the Justice and Public Safety Cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires the secretary of the Justice and Public Safety Cabinet to adopt administrative regulations necessary to carry out the provisions of the centralized criminal history record information system and insure the accuracy of criminal history record information being reported to the system. This administrative regulation establishes the requirements for audits of the centralized criminal history record information system and law enforcement and criminal justice agencies that submit or receive criminal history record information to or from the centralized criminal history record information system.
History: 11 Ky.R. 1716; eff. 6-4-1985; 48 Ky.R. 1309, 2253; 49 Ky.R. 38; eff. 10-4-2022.

502 KAR 30:050 Security of centralized criminal history record information {#sec-502-kar-30-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:050}

Section 1. Procedures shall be implemented in the centralized criminal history record information system to insure that access to criminal history record information is restricted to authorized persons. The ability to access, modify, change, update, purge, or destroy information shall be limited to authorized criminal justice personnel, or other authorized persons who provide operational support, such as programming or maintenance. Technologically advanced software or hardware designs shall be implemented to prevent unauthorized access to criminal history record information.

Section 2. Procedures shall be implemented in the centralized criminal history information system to determine what persons have authority to enter in areas where criminal history information is stored and implement access control measures to insure entry is limited to specific areas where authorization is valid. Further, access control measures shall be implemented to insure unauthorized persons are totally denied access to areas where criminal history record information is stored. Access constraints shall include the system facilities, systems operating environments, data file contents, whether while in use or when stored in media library, and system documentation.

Section 3. Procedures shall be implemented in the centralized criminal history information system to insure that computer operations that support the criminal history record information data base, whether dedicated or shared, operate in accordance with procedures developed or approved by the Justice and Public Safety Cabinet, and further insure that:

(1) CHRI is stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion by unauthorized persons.

(2) Operational programs shall be used that will prohibit inquiry, record updates, or destruction of records, from any terminal other than designated terminals within the Criminal Identification and Records Branch.

(3) The destruction, partial deletion, total deletion, or record correction shall be limited to designated terminals under the direct control of Criminal Identification and Records Branch.

(4) Operational programs shall be used to detect and store for the output of designated criminal justice agency employees, all unauthorized attempts to penetrate any criminal history record information system, program or file.

(5) The programs specified in subsections (2) and (4) of this section shall be known only to criminal justice agency employees responsible for criminal history record information system control or individuals in agencies pursuant to a specific written agreement with the Justice and Public Safety Cabinet to provide the programs, and the operational programs shall be continuously kept under maximum security conditions.

(6) Procedures shall be instituted to assure that any individual or agency authorized direct access is responsible for:

(a) The physical security of criminal history record information under its control or in its custody; and

(b) The protections of information from unauthorized access, disclosure, or dissemination.

Section 4. Procedures shall be implemented in the centralized criminal history record information system to protect CHRI from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or manmade disasters.

Section 5. Emergency Plans Required. Written plans and instructions dealing with emergencies described in Section 4 of this administrative regulation shall be developed in manual form and cover all foreseeable incidents ranging from minor accidents to major disasters causing the destruction of computer facilities, entire data bases, and CHRI contained in manual files. Employees of the centralized criminal history record information system shall be trained in procedures and specifically assigned responsibilities in case of an emergency. Plans and instructions shall include emergency shutdown and evacuation procedures, a disaster recovery plan to restart critical system functions, procedures for backup files for critical data such as fingerprint cards, and duplicate system designs. The commissioner of the Department of Kentucky State Police shall make available needed personnel to reinstitute the centralized criminal history record information system as soon as feasible after accident or disaster.

History

RELATES TO: KRS 17.140, 17.150
STATUTORY AUTHORITY: KRS 15A.160, 17.140, 17.150(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.140 requires a centralized criminal history record information system to be established in the Justice and Public Safety Cabinet under the direction, control, and supervision of the commissioner of the Department of Kentucky State Police. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet. KRS 17.150(6) requires the secretary of the cabinet to promulgate administrative regulations necessary to implement the criminal history record information system. This administrative regulation sets specific security standards to preserve the CHRI in an acceptable state.
History: 11 Ky.R. 1717; eff. 6-4-1985; 48 Ky.R. 1310, 2254; 49 Ky.R. 38; eff. 10-4-2022.

502 KAR 30:060 Dissemination of criminal history record information {#sec-502-kar-30-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:060}

Section 1. Dissemination of Criminal History Record Information (CHRI). Use of CHRI disseminated to noncriminal justice agencies shall be limited. An agency or individual shall not confirm the existence or nonexistence of CHRI to any person or agency that would not be eligible to receive the information itself. CHRI shall include:

(1) Nonconviction data. Dissemination of nonconviction data shall not include files available for access by an open records request. The dissemination of nonconviction data shall be limited, directly or through an intermediary, to:

(a) Criminal justice agencies for purposes of the administration of criminal justice and criminal justice agency employment;

(b) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court order, as determined by the General Counsel of the Justice and Public Safety Cabinet;

(c) Individuals and agencies pursuant to a specific agreement with the Department of Kentucky State Police, to provide services required for the administration of criminal justice pursuant to that agreement; and

(d) Individuals and agencies for the express purpose of evaluation research, or statistical activities pursuant to an agreement with the Criminal Identification and Records Branch of the Kentucky State Police. The agreement shall:

Limit the use of data to evaluation, research, or statistical purposes;
Insure the confidentiality and security of the data consistent with these administrative regulations; and
Provide sanctions for violations of the agreement.

(2) Conviction data. Dissemination of conviction data shall be limited as follows:

(a) Juvenile records. Dissemination of records concerning proceedings relating to the adjudication of a juvenile as delinquent or in need of supervision shall not be released to the public without court order. This restriction shall not apply to juveniles tried as an adult.

(b) Criminal history record checks for employment or volunteer purposes.

CHRI concerning a conviction may be disseminated to potential employers of persons. To obtain CHRI regarding convictions, a prospective employee or volunteer through the potential employer shall complete the following relevant form that is appropriate for the request:

a. Request for Conviction Records – Employment/Professional License;

b. Request for Conviction Records/Minors;

c. Request for Conviction Records/Long-Term Care Facility;

d. Request for Conviction Records/Child Care;

e. Request for Conviction Records – Fire Department, Ambulance Service, Rescue Squad;

f. Request for Conviction Records – Commercial Guide License; or

g. Request for Criminal History Record Information - Secondary Metal Recycler Certificate.

The form shall include a waiver that releases the Kentucky State Police from liability with regard to the dissemination of conviction data. The form shall also include the name of the potential employer, or other entity requesting the CHRI, signature of the prospective employee or volunteer, and a witness signature. The form shall also include sex, race, date of birth, Social Security number, and previous addresses of the prospective employee or volunteer.
The prospective employer shall be responsible for the completion of the appropriate form and shall submit a check or money order for twenty (20) dollars, made payable to the Kentucky State Treasurer, with the necessary release form.

CHRI regarding a conviction may be disseminated to individuals, entities, or organizations in regard to potential adoptive or foster home providers, an adult household member of a potential adoptive or foster home provider, or for emigration or housing. To obtain CHRI regarding convictions, an individual shall complete the following relevant form that is appropriate for the request:

a. Request for Conviction Records/Adoptions and Foster Homes;

b. Request for Conviction Records/Emigration; or

c. Request for Conviction Records/Housing.

The form shall include a waiver that releases the Kentucky State Police from liability with regard to the dissemination of conviction data. The form shall also include the name of the recipient individual, entity or organization, signature of the person about whom the CHRI is being requested , and a witness signature. The form shall also include sex, race, date of birth, Social Security number and previous addresses of the person about whom the CHRI is being requested.
The applicant shall be responsible for the completion of the form and shall submit a check or money order in the amount of twenty (20) dollars, made payable to the Kentucky State Treasurer.[

(d) Pursuant to KRS 17.167(4), employees and members of fire departments, ambulance services, and rescue squads shall be exempted from a fee.

(e) The fee in this section shall not apply to applications for a license, or a renewal of a license, to carry a concealed deadly weapon. The fees for this license are provided in KRS 237.110(7).

Section 2. Electronic Log.

(1) The computerized criminal history record information system, as well as criminal justice and law enforcement agencies receiving CHRI from the computerized criminal history record information system shall electronically log all disseminations of CHRI.

(2) The log shall contain the following information:

(a) The name of the agency and individual receiving CHRI;

(b) The date of release;

(d) The items of CHRI released; and

(e) In the case of secondary dissemination, the agency which provided the CHRI.

(3) Transaction logs shall be maintained in a records subject accessible state for at least twelve (12) months from the date of CHRI dissemination.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Request for Conviction Records – Employment/Professional License", 2008;

(b) "Request for Conviction Records/Minors", 2008;

(d) "Request for Conviction Records/Child Care", 2008;

(e) "Request for Conviction Records – Fire Department, Ambulance Service, Rescue Squad", 2003;

(f) "Request for Conviction Records – Commercial Guide License", 2008;

(g) "Request for Criminal History Record Information - Secondary Metal Recycler Certificate", 2012;

(h) "Request for Conviction Records/Adoptions and Foster Homes", 2009;

(i) "Request for Conviction Records/Emigration", 2008; and

(j) "Request for Conviction Records/Housing", 2008.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Criminal Identification and Records Branch, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m. This material is also on the agency Web site at http://kentuckystatepolice.org/forms/background-check-forms/.

History

RELATES TO: KRS 11.160(1)(e), 11.160(2)(e), 15.540, 17.115, 17.140, 17.147, 17.151, 17.152, 17.160, 17.167(4), 237.110(7), 311A.100
STATUTORY AUTHORITY: KRS 15.382, 15A.150, 17.150(6), 17.160(3), 17.165, 17.167, 156.483, 160.151, 160.380, 161.148, 199.462(5), 216.793, 238.525, 281A.040, 281A.300, 324.045, 329.030, 329A.025, 351.090, 351.315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.115 requires the Justice and Public Safety Cabinet to cooperate with the state, county and city law enforcing agencies of other states and of the United States in order to develop and carry on an interstate and national system of criminal identification. KRS 17.147(6) requires the Department of Kentucky State Police to supply data, at their request, to participating federal bureaus, departments, or criminal justice agencies engaged in the administration of criminal justice programs. KRS 17.150(6) requires the Secretary of the Justice and Public Safety Cabinet to adopt administrative regulations to carry out the provisions of the criminal history record information system. This administrative regulation establishes the conditions required for the dissemination of data from the criminal history record information system.
History: 11 Ky.R. 1719; eff. 6-4-1985; Am. 13 Ky.R. 288; eff. 9-4-1986; 30 Ky.R. 2229; 2458; eff. 7-2-2004; 35 Ky.R. 379; 1456; eff. 1-5-2009; 48 Ky.R. 1312; 49 Ky.R. 39; eff. 10-4-2022.

502 KAR 30:070 Inspection of criminal history record information by record subject {#sec-502-kar-30-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:070}

Section 1. Access and Review Procedures.

(1) The record subject of CHRI maintained by the department may review CHRI about the record subject and initiate a challenge to the CHRI through the Criminal Identification and Records Branch.

(2) To review CHRI, the record subject shall provide to the Criminal Identification and Records Branch at 1266 Louisville Road, Frankfort, Kentucky 40601:

(a) A completed Criminal History Information Review Request, KSP 309;

(b) One (1) set of rolled fingerprints to be used to verify the record subject's identity; and(c) A check or money order made payable to the Kentucky State Treasurer in the amount of twenty (20) dollars.

(3) The Criminal Identification and Records Branch staff shall:

(a) Note the date the request is received on the KSP 309; and

(b) Within five (5) working days of the receipt of the request:

Mail the criminal history records to the requestor if requested; or
Schedule the record review. If a review is scheduled, the requester shall be notified of the scheduled date and time of review in writing.

Section 2. Record Review Procedures.

(1) To ensure that the subject appearing for a scheduled review of the CHRI is the person from whom the submitted set of fingerprints was obtained, Criminal Identification and Records Branch staff shall check the identity of the person prior to review of the CHRI by visually comparing the person to the picture on a driver's license or other government picture identification.

(2) The record subject, and his attorney, if written authorization is submitted by the record subject, may inspect the copy of the CHRI at the scheduled review.

(3) Criminal Identification and Records Branch staff shall provide reasonable assistance upon request to assist with understanding of the CHRI at the scheduled review.

(4) The Criminal Identification and Records Branch shall inform the record subject in writing that a challenge shall be initiated within thirty (30) working days of the scheduled review or the date the records are mailed to the record subject.

(5) If the record subject does not initiate a challenge at the time of CHRI review, a copy of the individual's record shall be retained by the Criminal Identification and Records Criminal Identification and Records Branch and filed with the record subject's KSP 309 form in a manner convenient to the Branch. Information regarding the Request for Review form shall remain at the Criminal Identification and Records Branch not less than thirty (30) working days from the scheduled date of review or mailing of the records. If after thirty (30) working days, a challenge has not been initiated, all documents regarding the review shall be maintained in accordance with the Criminal Identification and Records Branch's retention schedule.

Section 3. Challenge of Record Contents.

(1) If the record subject desires to challenge the contents of the record, the record subject shall deliver or mail within thirty (30) working days of the record review or mailing of the records for review, whichever is later, a completed Criminal History Information Challenge, KSP 310, with supporting documents to the Criminal Identification and Records Branch, 1266 Louisville Road, Frankfort, Kentucky 40601.

(2) The record subject shall state on the KSP 310 if the individual requests a copy of the CHRI for purposes of the challenge.

(3) A copy of the individual's CHRI shall be given to the individual if a challenge is initiated and the individual requests a copy of the CHRI on the KSP 310 for purposes of pursuing a challenge. The copy provided by the Criminal Identification and Records Branch shall be permanently marked or stamped to indicate that the copy is for the purpose of the challenge and that any other use of the CHRI would be in violation of federal and state law.

Section 4. Processing of Challenge.

(1) The Criminal Identification and Records Branch shall conduct a comparison of the information under challenge with the original input documents and information contained in the repository files.

(2) Any errors or omissions discovered in the repository files shall be corrected.

(3) If no error is found, the Criminal Identification and Records Branch shall:

(a) Forward to the agency or agencies which the records indicate as contributing the information under challenge a copy of the:

Original challenge form;
Record as contained in the files; and
Any other relevant information; and

(b) Request examination in an expeditious manner all relevant files to determine the validity of the challenge.

(4) The Criminal Identification and Records Branch shall notify the record subject or his legal counsel in writing of the status of the challenge within thirty (30) working days of the receipt of the challenge. Status of the challenge shall include a notice of clarification of record, expungement of erroneous data, substantiating record, or ongoing research process. The Criminal Identification and Records Branch shall notify the record subject of the results for the examination thirty (30) days after the previous notice if it reported an ongoing research process.

Section 5. Administrative Review.

(1) If the record subject is dissatisfied with the action taken by the Criminal Identification and Records Branch, the individual may request an administrative review.

(2) The administrative review request shall be made in writing and mailed or delivered to the attention of the Criminal Identification and Records Branch Commander, 1266 Louisville Road, Frankfort, Kentucky 40601.

(3) The Commander shall provide the request to the Administrative Review Officer upon receipt of the request.

(4) The Administrative Review Officer shall review the record subject's CHRI in the same manner as performed by the Criminal Identification and Records Branch.

(5) The Administrative Review Officer shall notify the individual, in writing, of the decision on the administrative review. The notice shall be made in writing within thirty (30) days of receipt of the written request for the administrative review by the Commander.

Section 6. Action Taken if Error or Omission Found within Record.

(1) The Criminal Identification and Records Branch shall correct necessary documents maintained in custody and notify all known criminal justice recipients of the erroneous information within the past year.

(2) The Criminal Identification and Records Branch shall furnish the record subject, upon request, a written list of known noncriminal justice recipients of the CHRI within the past year and corrections to be made.

(3) The Criminal Identification and Records Branch shall request in writing that the agency originating the erroneous information notify all known criminal justice recipients within the past year of corrections to be made.

(4) The Criminal Identification and Records Branch shall search for background checks made concerning the record subject within the past year and send a letter stating the correction with a copy of the corrected background check to an entity that was sent the incorrect background check results. A copy of the letter shall be sent to the record subject.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Criminal History Information Review Request", KSP 309, 2011 edition; and

(b) "Criminal History Information Challenge", KSP 310, 2008 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Criminal Identification and Records Branch, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the agency Web site kentuckystatepolice.org. ] ]

History

RELATES TO: KRS 17.140, 17.150, 61.872, 61.878, 61.884
STATUTORY AUTHORITY: KRS 15A.150, 17.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.150(6) requires the secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations necessary to implement the criminal history record information system. This administrative regulation establishes procedures by which CHRI may be reviewed and challenged by the individual record subject.
History: 11 Ky.R. 1720; eff. 6-4-1985; 48 Ky.R. 1314, 2256; eff. 10-4-2022.

Chapter 31 Sex Offender Registration System

502 KAR 31:020 Sex Offender Registration System {#sec-502-kar-31-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 31:020}

Section 1. Definitions.

(1) "Authorizing Official" means an official identified in KRS 17.510(3), (4), and (5).

(2) "Department" means the Department of Kentucky State Police.

(3) "LINK" means the Law Information Network of Kentucky.

(4) "NCIC" means the National Crime Information Center.

(5) "Registrant" is defined by KRS 17.500(5).

(6) "Registrant information" means the specific information set forth in KRS 17.500(6), as well as the name and address of any place where the registrant is a student.

(7) "SOR" means the Sex Offender Registry.

Section 2. Sex Offender Duty to Register Notification Form.

(1) A registrant shall provide the information required to complete the Sex Offender Duty to Register Notification Form #P:227.

(2) Completion of Sex Offender Duty to Register Notification Form #p:227.

(a) The Division of Probation and Parole shall complete the Sex Offender Duty to Register Notification Form #P:227 for the sentencing court.

(b) A registrant shall, in the presence of the sentencing judge, sign the Sex Offender Duty to Register Notification Form #P:227 on the registrant's signature line, in ink.

Section 3. Kentucky Sex Offender Registrant Responsibility Form.

(1) A registrant shall provide the information required to complete Kentucky Sex Offender Registrant Responsibility form.

(2) Completion of Kentucky Sex Offender Registrant Responsibility form.

(a) An authorizing official shall complete the Kentucky Sex Offender Registrant Responsibility form.

(b) A registrant shall, in the presence of an authorizing official, sign the Kentucky Sex Offender Registrant Responsibility form on the signature line, in ink or electronically.

(c) An authorizing official shall sign and date the Kentucky Sex Offender Registrant Responsibility form, in ink or electronically.

Section 4. SOR Registration Forms.

(1) The following Sex Offender Registry Forms have been established:

(a) The Kentucky Sex Offender Registry Entry and Modification Form #P:225 shall be completed by all persons required to register pursuant to KRS 17.510(2) as follows:

Persons initially registering with the Sex Offender Registry; and
Persons changing registrant information; and

(b) The Kentucky Sex Offender Registry Move-In Form (#P:226) shall be completed by all parties required to register pursuant to KRS 17.510(6) or (7).

(2) Completion of the #P:225 and the P#:226.

(a) The #P:225 and #P:226, as appropriate, shall be completed in the presence of or by the authorizing official and shall include:

The date of release from custody;
Maximum discharge date of supervised release, or serve out date, whichever is later;
Name of person completing the form, if registrant is assisted;
Office phone number of the releasing entity; and
The date the form is signed.

(b) The registrant shall read the #P:225 or #P:226, as appropriate, in the presence of the authorizing official.

(c) The registrant shall sign the #P:225 or #P:226, as appropriate, on the registrant's signature line of the form, in ink or electronically.

(d) The authorizing official shall sign the #P:225 or #P:226, as appropriate, on the authorizing official signature line.

(e) The authorizing official shall mail one (1) copy of the completed #P:225 or #P:226 to the department on the day the form is submitted electronically.

(3) A #P:225 or #P:226 shall not be complete if:

(a) It does not contain the registrant information required by KRS 17.500(6) and this administrative regulation;

(b) It contains erroneous or false information;

(d) The registrant or authorizing official fails to sign the appropriate line.

(4) If the department determines that a #P:225 or #P:226 is incomplete, the department shall notify the submitting authorizing official, of:

(a) The reason the #P:225 or #P:226 Entry Form was determined to be incomplete; and

(b) The action required to complete the #P:225 or #P:226.

(5) Once the deficiencies of an incomplete #P:225 or #P:226 are corrected, the department shall enter the corrected information into the SOR, LINK, and NCIC.

(6) The department shall enter correct information from an incomplete #P:225 or #P:226 into SOR, LINK, and NCIC.

Section 5. Sex Offender Registry Address Verification Forms. A registrant shall verify the accuracy of the registrant information contained in the appropriate Sex Offender Registry Address Verification Form (#SOR 1T, #SOR 1L, #SOR 1WL, and #SOR 1WT) mailed to him or her by the department.

(1) Annually, the department shall mail, during the birth month of each ten (10) or twenty (20) year registrant that resides in Kentucky, an Address Verification Form #SOR 1T to the last known address of the registrant.

(2) Annually, the department shall mail, during the birth month of each ten (10) or twenty (20) registrant that resides in another state, but has entered Kentucky for employment, to carry on a vocation, or as a student, an Address Verification Form (#SOR 1WT) to the last known address of the registrant.

(3) At least once every ninety (90) days, the department shall mail an Address Verification Form (#SOR 1L) to the last known address of each lifetime registrant that resides in Kentucky.

(4) At least once every ninety (90) days, the department shall mail to the last known address of each lifetime registrant that resides in another state, but has entered Kentucky for employment, to carry on a vocation, or as a student, an Address Verification Form (#SOR 1WL).

(5) Completion of Sex Offender Registry Address Verification Forms. A registrant shall:

(a) Complete each item in the Address Verification Form;

(b) Sign the Address Verification Form on the signature line in ink; and

(6) An Address Verification Form shall not be complete if:

(a) It does not contain the information required;

(b) It contains erroneous or false information;

(d) The registrant fails to sign on the appropriate line.

(7) If the department determines that an Address Verification Form is incomplete, the department shall return the form to the submitting registrant, notifying the submitting registrant of:

(a) The reason the Address Verification Form was returned; and

(b) The action required by the registrant to properly complete the Address Verification Form prior to validation thereof.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Sex Offender Duty to Register Form #P:227", June 2006;

(b) "Sex Offender Registry Entry and Modification Form #P:225", December 2017;

(d) "Sex Offender Registry Address Verification Form #SOR 1T", December 2018;

(e) "Sex Offender Registry Address Verification Form #SOR 1L", December 2018;

(f) "Sex Offender Registry Address Verification Form #SOR 1WT", December 2018;

(g) "Sex Offender Registry Address Verification Form #SOR 1WL", December 2018; and

(h) "Kentucky Sex Offender Registrant Responsibility Form", July 2020.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of State Police, Data Processing Section, 1266 Louisville Road, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 17.500-17.540, 42 U.S.C. 14071
STATUTORY AUTHORITY: KRS 15A.160, 17.500(6), 17.510, 17.520(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.510 requires the Justice and Public Safety Cabinet to develop and implement a Sex Offender Registration System. This administrative regulation establishes the definitions, defines the processes, and establishes the forms necessary for the administration of the Sex Offender Registration System.
History: 25 Ky.R. 1276; Am. 1590; eff. 1-19-99; 26 Ky.R. 435; 1155; eff. 12-16-99; 37 Ky.R. 482; Am. 1426; eff. 1-3-2011; 48 Ky.R. 1316, 2043; eff. 4-5-2022.

Chapter 32 DNA

502 KAR 32:010 Centralized database for DNA identification records {#sec-502-kar-32-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 32:010}

Section 1. Definitions.

(1) "Authorized personnel" is defined by KRS 17.169(2).

(2) "Biological sample" means any part of the human body from which a person's DNA profile may be extracted such as blood, hair, saliva, tissue, or bone.

(3) "Blood sample" means blood drawn from a person by means of hypodermic needle extraction or by a finger prick lancet for purposes of obtaining a DNA profile.

(4) "DJJ" means the Department of Juvenile Justice.

(5) "DNA" means deoxyribonucleic acid.

(6) "DNA database" means the database that is part of the federal Combined DNA Index System maintained by the Kentucky State Police under agreement with the Federal Bureau of Investigation and contains the DNA profiles for qualifying offenders, crime scene specimens, unidentified human remains, missing persons, and close relatives of missing persons as authorized by KRS 17.175.

(7) "DNA Database Supervisor" means a person designated as the point of contact with the Federal Bureau of Investigation to insure the proper operation and security of the database.

(8) "DNA sample" is defined by KRS 17.169(1).

(9) "DOC" means the Department of Corrections.

(10) "Evidentiary item" means any physical evidence recovered from a crime scene that may contain biological material from which a DNA profile may be extracted.

(11) "KSP" means the Kentucky State Police.

(12) "KSP Central Lab" means the Kentucky State Police Central Forensic Laboratory.

(13) "Offender DNA collection kit" means a package of materials obtained from the KSP Central Lab for the purpose of collecting a DNA sample from a qualifying offender by finger prick lancet or other biological sample for the purpose of obtaining a DNA profile.

(14) "Qualifying offender" means a person who has committed one (1) or more of the criminal or public offenses enumerated in KRS 17.170.

Section 2. Collection of DNA Samples From Qualifying Offenders For Inclusion In DNA Database.

(1) In accordance with KRS 17.170(2), DNA samples shall be collected by authorized personnel.

(2) In accordance with KRS 17.170(5), KSP Central Lab shall provide offender DNA collection kits to DOC and DJJ for the collection of DNA samples. Each offender DNA collection kit shall contain the collection materials necessary to obtain either a blood sample by a finger stick lancet procedure or other biological sample. Each offender DNA collection kit shall be secured in protective wrapping materials in a preaddressed, sealable mailing container.

(3) Each offender DNA collection kit for the collection of a finger prick lancet blood sample shall contain an "Offender DNA Collection Kit Information Sheet (finger prick lancet method)", KSP Form No. 47-A and for the "Offender DNA Collection Kit Information Sheet (buccal swab method)", KSP Form No. 47-B. The Offender DNA Collection Kit Information Sheet shall contain step-by-step instructions for the collection of the blood sample or other biological samples on one (1) side of the form. The other side of the Offender DNA Collection Kit Information Sheet shall be completed accurately with as much biographical and offense-related information available concerning the qualifying offender. The qualifying offender's left and right thumbprints shall be taken when the sample is collected, except in the instance of amputation or injury to the qualifying offender's thumbs, in which case another digit shall be printed per the instructions on the Offender DNA Collection Kit Information Sheet. The Offender DNA Collection Kit Information Sheet shall be completed by the person collecting the DNA sample from the qualifying offender when the sample is collected and in the presence of the qualifying offender. The DNA sample shall be taken by DOC or DJJ authorized personnel and shall not be self-collected by the qualifying offender.

(4) Following collection of a blood or other biological sample from a qualifying offender, the offender DNA collection kit shall be sealed. As soon as practical following collection, the offender DNA collection kit shall be forwarded to the KSP Central Lab either by personal courier, private courier, registered mail, certified mail, or first class mail.

Section 3. Collection of Missing Person DNA Samples for Inclusion in DNA Database.

(1) Any available biological material from the missing person from which a DNA sample can be extracted which is submitted by a law enforcement agency to the KSP Central Lab shall be accompanied by a completed KSP "Request For Examination," KSP Form No. 26.

(2) If practical, DNA samples shall be submitted to the KSP Central Lab from the biological parents and siblings of the missing person. If practical, a DNA sample from children of the missing person and the children's other parent may also be submitted.

(3) Biological samples shall be placed in protective packaging. All samples shall be sealed with evidence tape and initialed by the submitting officer. Samples shall be forwarded to the KSP Central Lab in a manner by which an evidentiary chain of custody can be established.

Section 4. Collection of DNA Samples from Unidentified Bodies for Inclusion In DNA Database.

(1) A biological sample from the unidentified body, submitted by a law enforcement agency to the laboratory, shall be accompanied by a completed KSP Form No. 26.

(2) If practical, the biological sample shall be a blood sample, a deep muscle tissue sample, or a long bone. The requesting officer shall contact the KSP Central Lab to determine if a different type of biological sample from the unidentified body is acceptable if one (1) of the above-enumerated samples cannot be submitted.

Section 5. Collection of DNA Samples from Crime Scenes for Inclusion in DNA Database.

(1) Any evidentiary item recovered from a crime scene from which a DNA sample can be extracted may be submitted by a law enforcement agency to KSP Central Lab for analysis. All evidentiary items so submitted shall be accompanied by a completed KSP Form No. 26.

(2) Biological samples shall be placed in protective packaging. All samples shall be sealed with evidence tape and initialed by the submitting officer. Samples shall be forwarded to the KSP Central Lab in a manner by which an evidentiary chain of custody can be established.

Section 6. Quality Assurance Standards for DNA Database.

(1) The proficiency of examiners conducting DNA analysis for the database shall be tested twice a year in accordance with 42 U.S.C. 14132(b)(2).

(2) Only DNA profiles obtained as a result of DNA analysis shall be entered in the DNA database.

Section 7. DNA Database Usage, Access and Security.

(1) Information contained in the DNA database shall be used for law enforcement and statistical purposes only in accordance with KRS 17.175.

(2) DNA database shall only be accessed as approved by the DNA Database Supervisor by Kentucky State Police employees who show proficiency in DNA testing and the DNA database, and maintain continuing education hours pursuant to KSP forensic lab policy and federal requirements in accordance with 42 U.S.C. 14131. The DNA Database Supervisor may provide KSP interns with limited access to the DNA database pursuant to KSP forensic lab policy.

(3) All data and information generated by the DNA Database are confidential.

(4) Searches shall be conducted for law enforcement, criminal justice agencies, or governmental forensic science laboratories approved by the DNA Database Supervisor pursuant to 42 U.S.C. 14132.

(5) Access to the DNA Database shall be through computers that are utilized solely for accessing the DNA Database by authorized users and are located in areas secured by the Kentucky State Police.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Offender DNA Collection Kit Information Sheet (finger prick lancet method)," KSP Form No. 47-A, January 2006;

(b) "KSP Request For Evidence Examination," KSP Form No. 26, March 2001;

(d) "Offender DNA Collection Training Program for Collectors", KSP Form No. 140, June 2008;

(e) "Offender DNA Collection Training Program", KSP Form No. 141, June 2008; and

(f) "Offender DNA Collection Kit", KSP Form No. 47-B, August 2009.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the KSP Central Forensic Laboratory, 100 Sower Boulevard, Suite 102, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 17.169, 17.170, 17.175, 10 U.S.C. 1565, 42 U.S.C. 14131, 42 U.S.C. 14132
STATUTORY AUTHORITY: KRS 15A.160, 17.170(5), 17.175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the secretary to promulgate administrative regulations and direct proceedings and actions for the administration of all laws and functions which are vested in the cabinet, except laws and functions vested in the Department for Public Advocacy. KRS 17.170(5) authorizes the Justice and Public Safety cabinet to promulgate administrative regulations concerning the sampling and packaging of DNA. KRS 17.175(6) requires the cabinet to promulgate administrative regulations necessary to carry out the provisions of the DNA database identification system, including procedures for collection of DNA samples from designated persons for inclusion in the database, and procedures concerning database system usage and integrity. This administrative regulation establishes collection procedures for DNA samples for inclusion in the DNA database, quality assurance and testing proficiency standards for DNA samples included in the DNA database, and procedures governing DNA database system usage, security, and integrity.
History: 32 Ky.R. 1851; 2007; eff. 6-2-2006 33 Ky.R. 3459; eff. 8-6-07; 35 Ky.R. 381; 817; eff. 10-31-08; 37 Ky.R. 966; 11-5-2010; Crt eff. 2-26-2020.

Chapter 35 Kentucky Missing Child Information Center

502 KAR 35:010 Definitions {#sec-502-kar-35-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:010}

Section 1. Definitions.

(1) "Child" means any person under eighteen (18) years of age or any persons certified or known to be mentally incompetent or disabled.

(2) "Kentucky Missing Child Information Center" means a system including equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, and subsequent dissemination of information related to missing children. .

(3) "Law enforcement agency" means a full-time governmental agency, or any subunit thereof, which is charged with the responsibility of the detection and prevention of crime, apprehension of criminals, the maintaining of law and order throughout the respective jurisdiction, to collect, classify, and maintain information useful for the detection of crime and the identification, apprehension, and conviction of criminals, and to enforce laws within that respective governmental jurisdiction.

(4) "Missing child information" or "MCI" means information that is reported to and preserved in the Kentucky Missing Child Information Center. MCI shall include all information as listed on KSP Form 21, Kentucky Missing Person's Report.

History

RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.160, 17.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations that are necessary to properly administer the laws and functions vested in the cabinet. KRS 17.450 establishes the Kentucky Missing Child Information Center. This administrative regulation establishes the definitions to be used in the administration of the Kentucky Missing Child Information Center.
History: 12 Ky.R. 91; eff. 8-13-1985; 48 Ky.R. 1318, 2406; eff. 5-31-2022.

502 KAR 35:020 Capabilities of the Missing Child Information Center computer system {#sec-502-kar-35-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:020}

Section 1. The Kentucky Missing Child Information Center shall maintain a system capable of accepting and initiating the capture, retention, and dissemination of information relating to missing children from Kentucky and missing children believed to be located in Kentucky. The system shall:

(1) Be capable of retrieving missing child information by name, description, date of birth, Social Security number, fingerprint class, body marks, known associates, and the associates' locations;

(2) Communicate with the National Crime Information Center; and

(3) Ensure the ability to provide statistical data associated with the Kentucky Missing Child Information Center.

Section 2. The Kentucky Missing Child Information Center shall be located within the Kentucky State Police for administrative purposes.

History

RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.160, 17.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations and direct proceedings and actions for administration of laws and functions that are vested in the cabinet. KRS 17.450 establishes the Kentucky Missing Child Information Center. This administrative regulation sets specific computer program standards and information submission guidelines for the Kentucky Missing Child Information Center.
History: 12 Ky.R. 92; eff. 8-13-1985; 48 Ky.R. 1320, 2406; eff. 5-31-2022.

502 KAR 35:030 Quality of information reported to the Kentucky Missing Child Information Center {#sec-502-kar-35-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:030}

Section 1. Only law enforcement agencies as defined in this Chapter shall be allowed to enter information, change existing information, or retrieve information from the files of the Missing Child Information Center. Initial entry or modification of existing missing child information shall be accomplished by the submission of KSP Form 261, the Kentucky Missing Persons Report Form, to the Missing Child Information Center. Each submitted form shall be as complete as possible and list the submitting law enforcement officer's name and the authorizing law enforcement agency.

Section 2. Affidavit Certifying Noncompliance with KRS 17.450 by a Law Enforcement Agency. The parent or guardian attesting that a law enforcement agency has not rendered the appropriate service, as outlined in KRS 17.450 or 17.460, shall be required to file a formal affidavit outlining the circumstances surrounding the failure of the law enforcement agency to provide service. Copies of the affidavit shall be forwarded to the chief administrative officer of the agency denying service in addition to the State Police Post which shall conduct the investigation on the missing child.

History

RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.060, 17.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.450(8) authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations to provide for the orderly receipt and retrieval of missing child information. This administrative regulation establishes the procedures for the entry and retrieval of missing child information.
History: 12 Ky.R. 92; eff. 8-13-1985; 48 Ky.R. 1321, 2406; eff. 5-31-2022.

502 KAR 35:040 Reporting of missing children by law enforcement agencies {#sec-502-kar-35-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:040}

Section 1. Reporting to the Missing Child Information Center.

(1) A KSP 261, Kentucky Missing Person's Report Form, shall be completed immediately by a law enforcement agency upon receiving notification from a parent or guardian that a child is missing. This form shall be:

(a) Completed to the fullest extent possible by the law enforcement agency receiving the missing child report; and

(b) Forwarded to the Missing Child Information Center no later than twenty-four (24) hours after notification was made.

(2) If possible, a current photograph shall be obtained from the parent, guardian, or, if approved by the parent or guardian, from the school of the missing child.

Section 2. LINK/NCIC Entry.

(1) The law enforcement agency receiving the initial report of a missing child shall immediately enter into the Law Information Network of Kentucky (LINK) and the National Crime Information Center (NCIC) computer criterion information related to the missing child.

(2) If the reporting agency does not have direct terminal access to NCIC or is not participating in the regional LINK/NCIC Network, the reporting agency shall:

(a) Complete a Kentucky Missing Person's Report Form, KSP 261; and

(b) Forward the KSP 261 to the Missing Child Information Center no later than twenty-four (24) hours after notification was made.

(3) Responsibility for the ongoing investigation of the missing child incident shall remain with the reporting agency and shall not automatically transfer to the Kentucky State Police post that entered the information on behalf of the reporting agency.

Section 3. As soon as possible, but no later than twenty-four (24) hours after the entry of missing child information, the investigating law enforcement agency shall notify law enforcement agencies having concurrent jurisdiction via electronic or telecommunicative means. Receiving agencies shall promptly notify agency duty personnel of all information relating to a missing child incident.

Section 4. The Kentucky Missing Child Information Center. The Kentucky Missing Child Information Center shall:

(1) Issue bulletins containing physical and situational descriptions, or photographs whenever possible, of missing children if requested by a law enforcement agency or as determined by the Kentucky Missing Child Information Center . Any bulletin that is issued shall contain the following information, at minimum:

(a) Reporting agency;

(b) Case number;

(d) Name;

(e) Address;

(f) Sex;

(g) Race;

(h) Date of birth;

(i) Height;

(j) Weight;

(k) Hair color; and

(l) The most recent photograph providing an adequate likeness.

(2) Bulletins shall be sent to requesting Kentucky law enforcement agencies and to law enforcement agencies in geographical areas to which there is reason to believe the missing child is proceeding or in the process of being taken.

Section 5. Cancellation of Missing Child Report.

(1) The law enforcement agency that found or returned the missing child shall append the existing LINK/NCIC message by placing a locator message on the entry.

(2) The reporting agency, upon notification and verification that the child has been found, shall cancel the missing child entries in LINK/NCIC.

(3) The reporting agency shall update the case report in the KYOPS with the location of the recovery of the missing child. If the reporting agency does not use KYOPS, it shall notify the Kentucky Missing Child Information Center with the location of the recovery of the missing child within seventy-two (72) hours .

History

RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.160, 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.450 requires the Justice and Public Safety Cabinet to establish a Kentucky Missing Child Information Center which shall serve as the central repository of and clearing house for information about Kentucky children believed to be missing and children from other states believed to be missing in Kentucky . KRS 17.460 requires the law enforcement agencies receiving notification of a missing child to report information relating to that missing person to the Missing Child Information Center. KRS 17.450 authorizes the cabinet to promulgate administrative regulations for the orderly receipt of missing child information and requests for retrieval of missing child information. This administrative regulation establishes procedures associated with the reporting of a missing child.
History: 12 Ky.R. 94; eff. 8-13-1985; 48 Ky.R.1322, 2259; eff. 5-31-2022.

Section 1. Annual Report Required. On or before July 1 of each year, a written report shall be provided to the Secretary that shall include statistical information regarding missing children in the Commonwealth of Kentucky.

Section 2. Law Enforcement Agency Assistance Required. The Kentucky Missing Child Information Center may require additional assistance from all law enforcement agencies regarding the development of the statistical data report as outlined in Section 1 of this administrative regulation. The assistance shall include in-depth case analysis with regard to a specific missing child incident, overall trends within a given geographical or jurisdictional area, and an in-depth missing child recovery trend analysis as well as the agency's methodology for finding and returning missing children.

History

RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.160, 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the Secretary of the Justice and Public Safety Cabinet to promulgate administrative regulations in accordance with KRS Chapter 13A and direct proceedings and actions for the administration of all laws and functions which are vested in the cabinet . KRS 17.450 authorizes the Secretary to promulgate administrative regulations which shall provide for the functioning of the Kentucky Missing Child Information Center. KRS 17.450 requires that the Kentucky Missing Child Information Center annually report statistical information regarding the numbers of children missing from or believed missing in the Commonwealth of Kentucky. This administrative regulation establishes rules regarding the furnishing of the statistical data.
History: 12 Ky.R. 95; eff. 8-13-1985; 48 Ky.R. 1324, 2407; eff. 5-31-2022.

Chapter 40 Law Information Network of Kentucky

502 KAR 40:010 Law Information Network of Kentucky {#sec-502-kar-40-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:010}

Section 1. Definitions.

(1) "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of Criminal History Record Information (CHRI).

(2) "Criminal justice agency" means a governmental agency, or a subunit thereof, which performs administration of criminal justice pursuant to a statute, regulation, ordinance, or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Criminal justice agency includes the Office of Attorney General, sheriff departments, law enforcement agencies of a county or municipality, coroner, jailer, prosecuting attorney, probation officer, parole officer, warden or superintendent of a prison, reformatory, or correctional school, State Police, State Fire Marshal, Board of Alcohol Beverage Control, Justice and Public Safety Cabinet, and any other criminal justice agency engaged in the administration of criminal justice.

(3) "Criminal justice information" or "CJI" means information collected by criminal justice agencies that is needed for performance of their legally authorized, required function. Criminal justice information includes wanted person information, stolen property information, criminal history information, information compiled in the course of investigation of crimes that are known or believed on reasonable grounds to have occurred including the information on identifiable individuals, and information on identifiable individuals compiled in an effort to anticipate, prevent, or monitor possible criminal activity.

(4) "Law Information Network of Kentucky" or "LINK" means the system, including hardware, software, equipment, facilities, procedures, agreements, and organizations thereof, responsible for the timely acceptance, processing, and subsequent dissemination of criminal justice information.

(5) "Satellite agency" means a nonterminal agency accessing the LINK System through a terminal agency.

(6) "Terminal agency" means an agency that has direct access to the LINK System via automated means.

History

RELATES TO: KRS 16.060, 17.110
STATUTORY AUTHORITY: KRS 16.060, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.060 requires the Commissioner of the Department of Kentucky State Police to collect, classify, and maintain information useful for the detection of crime and the identification, apprehension, and conviction of criminals. KRS 17.110 requires city and county police to file felony arrest reports with the Justice Cabinet, Department of Kentucky State Police. KRS 16.080 authorizes the Commissioner of the Department of Kentucky State Police to promulgate administrative regulations necessary to carry out the responsibilities of the department. This administrative regulation establishes the definitions to be used in the administration of the Law Information Network of Kentucky.
History: 12 Ky.R. 1565; eff. 4-17-1986; 48 Ky.R.1325, 2044; eff. 4-5-2022.

502 KAR 40:020 Agreements for the legal exchange of criminal justice information {#sec-502-kar-40-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:020}

Section 1. Criminal Justice Information Exchange Agreements Where the Kentucky State Police is Designated as the User Agency. The Commissioner of the Department of State Police may at the discretion of the commissioner, enter into agreements with federal, state, local or any other agency or entity as he deems fit, for the purpose of having receiving and/or submitting criminal justice information to criminal justice information systems as covered in the respective agreement. Further, pursuant to mandates as designated in the respective criminal justice agreements, the commissioner shall insure that all provisions listed in said agreements are followed by the Department of State Police or any and all criminal justice agencies within the Commonwealth having access to that respective criminal justice information system.

Section 2. Criminal Justice Information Exchange Agreements Whereby the Department of State Police is Designated as the System Control Agency. The commissioner shall develop and institute Criminal Justice Information Exchange Agreements with criminal justice terminal agencies within the Commonwealth prior to the exchange of any criminal justice information.

History

RELATES TO: KRS 16.060, 16.130
STATUTORY AUTHORITY: KRS 16.060, 16.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16:060 mandates that the Commission of the Department of State Police shall collect, classify and maintain information useful for the detection of crime and the identification, apprehension and conviction of criminals. KRS 16.130 provides that the commissioner shall cooperate and exchange information with any other department or agency of this Commonwealth, or with other police forces, both within and without this Commonwealth and with the federal government.
History: 12 Ky.R. 1566; eff. 4-17-86; Crt eff. 2-26-2020.

502 KAR 40:030 Criminal justice information exchange user agreement {#sec-502-kar-40-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:030}

Section 1. All criminal justice terminal agencies within the Commonwealth of Kentucky that participate in the LINK system shall enter into a user agreement with the Department of State Police as prescribed by the commissioner. (A copy of the user agreement is available from the Kentucky State Police Records Section, Louisville Road, Frankfort, Kentucky 40601.) (See Appendix A.)

History

RELATES TO: KRS 16.130
STATUTORY AUTHORITY: KRS 16.060, 16.080, 16.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.080 provides that the commissioner may establish rules and administrative regulations for the government and operation of the Department of State Police. KRS 16.130 mandates that the commissioner shall cooperate with criminal justice agencies by exchanging criminal justice information. This administrative regulation establishes criteria for the exchange of criminal justice information via the LINK system by those criminal justice agencies within the Commonwealth of Kentucky by means of a criminal justice information exchange user agreement contract.
History: 12 Ky.R. 1566; eff. 4-17-86; Crt eff. 2-26-2020.

502 KAR 40:040 LINK user agencies to initiate agreement with satellite agencies {#sec-502-kar-40-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:040}

Section 1. All criminal justice satellite agencies that access and/or enter CJI in the LINK system shall be required to enter into a User Agreement with the terminal agency providing said access/entry services. The form of the agreement shall be prescribed and approved by the commissioner prior to the entry, retrieval or access to information. A completed copy of this Agreement shall be filed with the Commissioner, Kentucky State Police, by all terminal agencies. (A copy of the Satellite User Agreement is available from the Kentucky State Police Records Section, Louisville Road, Frankfort, Kentucky 40601.) (See Appendix A)

History

RELATES TO: KRS 16.130
STATUTORY AUTHORITY: KRS 16.080, 16.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.130 mandates that the commissioner shall cooperate with criminal justice agencies by exchanging criminal justice information. This administrative regulation establishes criteria for the exchange of criminal justice information via the LINK system by those criminal justice agencies within the Commonwealth of Kentucky by means of a Criminal Justice Information Exchange User Agreement contract.
History: 12 Ky.R. 1568; eff. 4-17-86; Crt eff. 2-26-2020.

Chapter 45 Candidate Selection

502 KAR 45:005 Definitions {#sec-502-kar-45-005 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:005}

Section 1. Definitions.

(1) "Applicant" means a fully-qualified person, pursuant to KRS 16.040, who submits an employment application for the position of cadet trooper and who participates in the selection process.

(2) "Appointment" means selection by the commissioner of a cadet trooper for employment as an officer, upon successful completion of basic training at the Kentucky State Police Academy.

(3) "Aptitude examination" means an assessment of the cognitive abilities used to determine if applicants can successfully perform the essential job tasks of a Kentucky State Police Trooper.

(4) "Cadet trooper" means an applicant for employment as an officer who is selected by the commissioner to attend the Kentucky State Police Academy and is conditionally employed as a trainee.

(5) "Candidate" means an applicant for employment who has successfully completed all phases of the selection process and whose name has been placed on the register.

(6) "Immediate family" means the parents, step-parents, siblings, step-siblings, aunts, or uncles of an applicant for employment.

(7) "Law Enforcement Accelerated Program" or "LEAP" means the accelerated training program reserved for applicants who are current officers who have at least two (2) years of Kentucky Police Officer Professional Standards (POPS) certified law enforcement experience.

(8) "Physical Fitness Test" or "PFT" means a series of physical fitness tests used to determine if applicants can perform the essential job tasks required during basic training at the Kentucky State Police Academy.

(9) "Register" means the list of persons eligible for selection as a cadet trooper.

(10) "Trooper Applicant Points System" or "TAPS" means a calculated point system that may be based upon the educational, military, and law enforcement experience of an applicant or graduate from the Kentucky State Police Apprenticeship program.

History

RELATES TO: KRS 16.040, 16.050
STATUTORY AUTHORITY: KRS 16.040, 16.050, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires the Commissioner of the Kentucky State Police to prescribe minimum physical requirements for persons appointed as state police officers, and to conduct tests to determine the fitness and qualifications of applicants. KRS 16.080 requires the commissioner to promulgate administrative regulations for the enlistment of officers. KRS 16.050 requires the Kentucky State Police Personnel Board to promulgate administrative regulations to provide for competitive examination as to the fitness of applicants for employment as officers, and for the establishment of eligible lists for employment based upon competitive examination. This administrative regulation establishes the definitions to be used in the chapter concerning the selection process for cadet troopers.
History: 19 Ky.R. 2176; Am. 2407; eff. 5-10-1993; 22 Ky.R. 954; 1305; eff. 1-8-1996; 23 Ky.R. 3090; eff. 4-15-1997; 48 Ky.R. 1326, 2407; eff. 5-31-2022.

502 KAR 45:015 Qualifications {#sec-502-kar-45-015 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:015}

Section 1. Age. An applicant shall submit a birth certificate to establish that the applicant meets the age qualification of KRS 16.040(2)(a).

Section 2. Citizenship and Residency.

(1) An applicant shall submit documentation verifying the applicant's citizenship and residency, in accordance with KRS 16.040(2)(c).

(2) An applicant who is a citizen of another country at the time of application shall submit a naturalization certificate prior to employment to establish the citizenship qualification of KRS 16.040(2)(c).

(3) An applicant who is a citizen of another state at the time of application shall submit a Kentucky motor vehicle operator's license prior to appointment to establish the residency qualification of KRS 16.040(2)(c).

Section 3. Education and Experience. Pursuant to KRS 16.040(2)(d), an applicant shall submit, electronically or in paper form, the following:

(1) A certified copy of the applicant's college transcript from an accredited college or university verifying:

(a) Sixty (60) semester hours of credit; or

(b) An associate degree;

(2)

(a) A certified copy of the applicant's high school diploma; and

(b) Proof of military experience by:

A certified copy of the applicant's DD-214; or
A letter verifying two (2) years of active duty military service for the applicant from a commanding officer with a notarized acknowledgment of the signature;

(3)

(a) A certified copy of the applicant's high school diploma;

(b) A letter on the law enforcement agency's letterhead verifying two (2) years of full-time, paid employment as a certified, sworn peace officer with a notarized acknowledgment of the signature; and

Kentucky Police Officer Professional Standards (POPS) certified peace officer with a law enforcement agency; or
Certified peace officer in another state with a law enforcement agency; or

(4)

(a) A certified copy of the applicant's:

High school diploma; or
General Equivalency Development (GED) diploma; and

(b) A completed, subscribed, and sworn KSP-004a form certifying thirty-six (36) months of having worked a minimum of thirty (30) hours per week or 130 hours per month in the following:

Employment;
Volunteer work; or
A paid or unpaid internship.

Section 4. Aptitude Test. An applicant who is continuing in the selection process shall submit to an aptitude test. as described in this Chapter, designed and constructed to reveal the capacity of the applicant for employment as a sworn officer of the department.

Section 5. Physical Fitness Test. An applicant who is continuing in the selection process shall successfully complete the Physical Fitness Test (PFT), as described in this Chapter, to determine if the applicant is physically able to safely perform essential job tasks as required by the Kentucky State Police Academy. The inability to safely perform essential job tasks, with or without reasonable accommodations, shall be grounds for deferral or disqualification.

Section 6. Interview. An applicant who is continuing in the selection process shall successfully complete the interview component of the selection process, as described in this Chapter.

Section 7. Background Investigation. An applicant who is continuing in the selection process shall submit to a background investigation, as described in this Chapter, to establish the good moral character qualification of KRS 16.040(2)(b).

Section 8. Following successful completion of the background investigation component of the selection process, an appropriate number of applicants shall be given a conditional offer of employment and required to submit to a medical examination and psychological examination to determine the applicant's good health and fitness to safely perform essential job tasks with or without reasonable accommodations, as required by KRS 16.040(2)(b) and (3).

Section 9. Incorporation by Reference.

(1) "3 Years Work Experience Verification Form", KSP-004a, 2019 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained at the Department of State Police, Recruitment Branch, 919 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the agency website kentuckystatepolice.org.

History

RELATES TO: KRS 16.040, 16.050, 16.080
STATUTORY AUTHORITY: KRS 16.040, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 sets forth the basic qualifications for appointment as an officer and authorizes the commissioner to establish additional experience for qualification by promulgation of administrative regulations. KRS 16.080 requires the commissioner to promulgate administrative regulations for enlistment. This administrative regulation establishes the procedure to be used to determine whether applicants possess the basic qualifications for appointment as a trooper.
History: 19 Ky.R. 2177; Am. 2407; eff. 5-10-1993; 21 Ky.R. 548; eff. 10-10-1994; 22 Ky.R. 955; eff. 1-819-1996; 48 Ky.R. 1328, 2261; eff. 5-31-2022.

502 KAR 45:025 Disqualification {#sec-502-kar-45-025 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:025}

Section 1. Applicants shall be disqualified from further participation in the selection process or removed from the register if it is determined that:

(1) An applicant does not meet any one (1) of the qualifications for appointment as an officer;

(2) An applicant has made a false statement of material fact on the application, or in response to any questions or requests for information during the selection process;

(3) An applicant has used or attempted to use political influence, coercion or bribery to secure an advantage in any phase of the selection process;

(4) An applicant has cheated during the course of any examination required during the selection process, or has attempted to gain an advantage over other applicants by any dishonest or intentionally misleading act or omission;

(5) An applicant has failed to comply with any instructions from the department relating to the selection process;

(6) An applicant has been dismissed for cause from any public agency, or has resigned while charges of misconduct were pending;

(7) An applicant has been convicted of a felony or any crime of moral turpitude;

(8) An applicant is a current user of a controlled substance, unless prescribed by a physician;

(9) An applicant is addicted to or is a habitual user of any controlled substance or intoxicant;

(10) An applicant has more than six (6) driver demerit points against his operator's license;

(11) An applicant tests positive for an unlawful controlled substance as determined by a blood or urine analysis; or

(12) An applicant has tattoos that can be seen when the applicant wears a Kentucky State Police summer uniform shirt, which the Kentucky State Police will make available for the applicant to try on when the applicant takes the written examination.

Section 2. If cause exists to believe that an applicant has committed an act or omission which if true would result in disqualification, the department may defer any further processing of the application, or may condition further processing upon successful completion of a polygraph examination conducted by a licensed examiner employed by the department.

Section 3. An applicant who is disqualified or upon whose application further processing is deferred shall be informed within ten (10) working days of the reason for the disqualification or deferral, and of the right to appeal to the State Police Personnel Board.

History

RELATES TO: KRS 16.040, 16.050
STATUTORY AUTHORITY: KRS 16.040, 16.050, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires the Commissioner of State Police to prescribe minimum physical requirements for persons appointed as state police officers, and to conduct tests to determine the fitness and qualifications of applicants. KRS 16.080 authorizes the commissioner to adopt administrative regulations for the enlistment of officers. KRS 16.050 requires the State Police Personnel Board to adopt administrative regulations to provide for competitive examination as to the fitness of applicants for employment as officers, and for the establishment of eligible lists for employment based upon competitive examination. This administrative regulation establishes the grounds for disqualification from competition in the process.
History: 19 Ky.R. 2178; Am. 2408; eff. 5-10-93; 22 Ky.R. 956; 1462; eff. 2-12-96; 30 Ky.R. 2231; 31 Ky.R. 65 eff. 8-6-04; Crt eff. 2-25-2020.

502 KAR 45:035 Application and selection process {#sec-502-kar-45-035 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:035}

Section 1. Eligibility Requirements for Testing. An applicant shall be eligible to take the aptitude examination established by 502 KAR 45:045, the Physical Fitness Test established by 502 KAR 45:150, and the interview established by 502 KAR 45:055 if the applicant:

(1) Meets the requirements established by KRS 16.040(2)(a) through (d); and

(2) Possesses a valid driver's license against which not more than six (6) points are currently assessed.

Section 2. Application.

(1) To apply for employment, an applicant shall complete a Kentucky State Police - Cadet Trooper Application for Employment form.

(2) An applicant may submit the Kentucky State Police - Cadet Trooper Application for Employment form in paper or electronic form.

Section 3. Documents Submitted with Application. An applicant shall submit the following documents with his or her application, in paper or electronic form:

(1) A certified copy of the applicant's birth certificate and operator's license; and

(2) A certified copy of college or university transcripts, if applicable; or

(3) A certified copy of the applicant's high school diploma or GED certificate and any other additional materials, determined by the commissioner, and as described in this Chapter, as necessary to establish the educational or experience qualifications of KRS 16.040(2)(d).

Section 4. Law Enforcement Accelerated Program (LEAP).

(1) The commissioner may conduct an accelerated academy.

(2) A LEAP applicant shall submit the following documents with his or her application, in paper or electronic form:

(a) A completed Kentucky State Police - Cadet Trooper Application form;

(b) A copy of his or her Kentucky POPS certificate; and

(3) The applicant shall undergo an interview with the Post Commander nearest the applicant's home address.

(4) The applicant shall not be subject to an existing employment contract, including any employment contract authorized under Chapter 70 of the Kentucky Revised Statutes..

Section 5. Not Recommended. If an applicant has not been recommended by two (2) previous background investigations, the applicant shall be required to appeal, in writing, to the Kentucky State Police Personnel Board for approval to reapply.

Section 6. Incorporation by Reference.

(1) "Kentucky State Police - Cadet Trooper Application for Employment" KSP 4, 2019 edition is incorporated by reference.

(2) "3 Years Work Experience Verification Form", KSP-004a, 2019 edition, is incorporated by reference.

(3) This material may be inspected, copied, or obtained at the Department of State Police, Recruitment Branch, 919 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., and on the agency Web site at kentuckystatepolice.org.

History

RELATES TO: KRS 16.040, 16.050(7), 16.080(1)
STATUTORY AUTHORITY: KRS 16.040, 16.050(7), 16.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires the Commissioner of the Kentucky State Police to prescribe minimum physical requirements for persons appointed as state police officers, to conduct tests to determine the fitness and qualifications of applicants, and to direct an investigation to be conducted to determine an applicant's suitability for employment as an officer. KRS 16.050(7) requires the Kentucky State Police Personnel Board to promulgate administrative regulations to provide for competitive examination as to the fitness of applicants for employment as officers, and for the establishment of eligible lists for employment based upon competitive examination. KRS 16.080(1) requires the commissioner to promulgate administrative regulations for the enlistment, training, code of ethics, discipline, and conduct of officers of the department and individuals employed as a Trooper R Class or CVE R Class, and also authorizes the commissioner to promulgate administrative regulations for the governing and operation of the department as appear to him or her reasonably necessary to carry out the provisions of KRS 16.010 to 16.170. This administrative regulation establishes eligibility requirements for applicants and the application forms to be submitted by applicants.
History: 19 Ky.R. 2179; Am. 2408; eff. 5-10-1993; 21 Ky.R. 549; eff. 10-10-1994; 22 Ky.R. 957; eff. 1-8-1996; 23 Ky.R. 3091; 3564; 3763; eff. 4-15-1997; 48 Ky.R. 1329, 2408; eff. 5-31-2022.

502 KAR 45:045 Aptitude examination {#sec-502-kar-45-045 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:045}

Section 1. The aptitude examination shall be:

(1) Practical in nature; and

(2) Designed and constructed to reveal the capacity of the applicant for employment as a sworn officer of the department.

Section 2. The aptitude examination shall be administered at the times and places designated by the commander of the Recruitment Branch.

Section 3. The Recruitment Branch shall work in coordination with the Kentucky State Police Personnel Board to establish the aptitude test.

Section 4. An applicant shall have submitted a completed application prior to taking the aptitude examination.

Section 5. The aptitude examination shall be rated impartially.

Section 6. An applicant shall be informed of his or her score.

History

RELATES TO: KRS 16.050, 16.080(1)
STATUTORY AUTHORITY: KRS 16.050, 16.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 and 16.080(1) require the Commissioner and the Department of Kentucky State Police Personnel Board to establish open competitive examination of applicants for employment as troopers. This administrative regulation establishes the criteria for the aptitude examination.
History: 19 Ky.R. 2180; Am. 2408; eff. 5-10-1993; 22 Ky.R. 958; 1305; eff. 1-8-1996; 23 Ky.R. 3092; 3564; eff. 4-15-1997; 48 Ky.R. 1331, 2409; eff. 5-31-2022.

502 KAR 45:075 Register {#sec-502-kar-45-075 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:075}

Section 1.

(1) The commissioner shall determine the number of cadet trooper positions required to be filled.

(2) The commissioner shall base his determination upon:

(a) The needs of the department;

(b) Projected attrition; and

Section 2.

(1) The commissioner shall propose a register of applicants eligible for appointment as a cadet trooper to the Kentucky State Police Personnel Board.

(2) Upon approval by the board, the commissioner shall establish a register of applicants eligible for appointment as a cadet trooper.

Section 3.

(1) A register shall be effective for a period of twelve (12) months.

(2) If an applicant who has been placed on a register is not selected for employment within twelve (12) months of the applicant's placement on the register, the applicant:

(a) May be removed from the register; and

(b) If removed from the register, may reapply for employment.

Section 4. An applicant may be placed on a register if the applicant has:

(1) Successfully completed the:

(a) Aptitude examination;

(b) Physical Fitness Test; and

(2) Not been disqualified as a result of a background investigation.

Section 5.

(1) Except as provided by subsection (2) of this section, an applicant shall be placed on the register in rank order, determined by the combined score on the applicant's Physical Fitness Test, interview score, and Trooper Applicant Points System (TAPS) points. A maximum of six (6) TAPS points may be earned and added to the combined score. Applicants shall receive TAPS points based upon the following:

(a) Applicants shall receive two (2) points for:

An associate degree in any discipline from an accredited college or university;
A copy of the applicant's DD-214 reflecting four (4) years of active military service; or
A notarized letter from a law enforcement employer certifying three (3) years of full-time law enforcement employment as a sworn officer.

(b) Applicants shall receive four (4) points for:

A bachelor degree in any discipline from an accredited college or university;
A copy of the applicant's DD-214 reflecting a minimum of five (5) and less than nine (9) years of active military service; or
A notarized letter from a law enforcement employer certifying a minimum of four (4) and less than seven (7) years of full-time law enforcement employment as a sworn officer.

A master degree or above in any discipline from an accredited college or university;
A copy of the applicant's DD-214 reflecting nine (9) years or more of active military service; or
A notarized letter from a law enforcement employer certifying seven (7) years or more of full-time law enforcement employment as a sworn officer.

(d) Graduates of the KSP Apprenticeship Program shall receive up to six (6) points for the following:

Three (3) points upon graduation;
Two (2) points upon completion of the physical preparedness program; and
One (1) point upon completion of five (5) core classes toward the Kentucky State Police Academy Associates in Applied Sciences degree in General Occupational and Technical Studies while enrolled in the Bluegrass Community and Technical College with a grade of C or higher in each class.

(2) Applicants who receive the same score shall be ranked by random draw, with military veterans receiving preference as provided by KRS 16.040(3).

Section 6.

(1) Except as provided by this section, the commissioner shall select eligible applicants for appointment as cadet troopers from the register in rank order.

(2) The commissioner may deviate from the rank order of the register if the commissioner determines that it is necessary to correct a manifest imbalance of minorities or women in the department.

Section 7. The commissioner may remove a candidate from the register for the following reasons:

(1) Upon receipt of reliable information indicating grounds for disqualification or deferral;

(2) If the candidate cannot be located by postal authorities;

(3) If the candidate:

(a) Declines an offer of employment;

(b) Fails to respond to an offer of employment;

(d) Upon the expiration of a period of twelve (12) months from the date of the applicant's placement on the register.

History

RELATES TO: KRS 16.050
STATUTORY AUTHORITY: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 requires the Kentucky State Police Personnel Board to promulgate administrative regulations which include provisions for the establishment of eligibility lists as a result of competitive examinations, from which vacancies shall be filled. This administrative regulation establishes a register for the employment of cadet troopers.
History: 19 Ky.R. 2183; Am. 2409; eff. 5-10-1993; 22 Ky.R. 961; eff. 1-8-1996; 23 Ky.R. 3094; 3566; eff. 4-15-1997; 48 Ky.R. 1332, 2409; eff. 5-31-2022.

502 KAR 45:085 Medical examination {#sec-502-kar-45-085 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:085}

Section 1. Applicants selected to be cadet troopers and offered probationary employment as trainees shall be required to submit to medical examinations to determine fitness to safely perform essential job tasks with or without reasonable accommodation. The medical examination shall be conducted after an offer of employment has been made but before applicants report for training. The offer of employment shall be conditioned upon successful completion of the medical examination.

Section 2. Medical examinations shall be conducted by physicians selected by the department. The examinations shall include hearing and visual examinations, and a determination as to whether the applicant is color blind. The physicians shall render opinions to the department as to whether applicants who have been offered employment are physically fit to safely perform essential job tasks, with or without reasonable accommodation, and as to whether applicants have any medical condition which, during the performance of duty as a state trooper, and with or without reasonable accommodation, would endanger the applicant or others.

Section 3. As part of the medical examination, applicants shall be required to provide complete medical history information and to answer questions related to the examination. Information and records related to the medical examinations shall be confidential and retained in a file separate from the applicants personnel file.

Section 4. The medical examination may include tests conducted by an occupational therapist under the direction of the examining physician, if necessary to determine an applicant's ability to safely perform essential job tasks with or without reasonable accommodation.

History

RELATES TO: KRS 16.040
STATUTORY AUTHORITY: KRS 16.040, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires that officers be in good health and also requires the commissioner to prescribe minimum physical requirements for appointment as an officer, to conduct such tests, and to require physical examinations to determine the fitness of each applicant. This administrative regulation establishes the tests and examinations that shall be conducted.
History: 19 Ky.R. 2184; eff. 5-10-1993; Am. 22 Ky.R. 962; 1306; eff. 1-8-1996; 48 Ky.R. 1334, 2410; eff. 5-31-2022.

502 KAR 45:095 Psychological assessment {#sec-502-kar-45-095 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:095}

Section 1. An applicant selected to be a cadet trooper and offered probationary employment as a trainee shall be required to submit to a psychological assessment, which shall be conducted after an offer of employment is made but prior to completion of training. Continued employment shall be conditioned upon successful completion of the psychological assessment.

Section 2. The psychological assessment shall be conducted by a psychologist selected by the department. The psychologist shall render an opinion to the department as to whether an applicant who has been offered employment is psychologically fit to safely perform the essential job tasks of an offer with or without reasonable accommodation, and as to whether an applicant has any psychological condition which, during the performance of duty as a state trooper, and with or without reasonable accommodation, would endanger the applicant or others.

Section 3. Records related to the psychological assessment shall be confidential.

History

RELATES TO: KRS 16.040, 16.050
STATUTORY AUTHORITY: KRS 16.050, 16.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 and 16.050 require the Commissioner of the Department of State Police and the State Police Personnel Board to assure the fitness of candidates for employment as officers. This administrative regulation establishes a psychological assessment.
History: 19 Ky.R. 2185; eff. 5-10-93; Crt eff. 2-25-2020.

502 KAR 45:105 Appointment {#sec-502-kar-45-105 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:105}

Section 1. The commissioner shall determine, based on the needs of the department, projected attrition, and available funding, the number of candidates to be offered employment as cadet troopers. The offer of employment shall be subject to the condition that the candidate submits to a medical and psychological examination and is found fit to perform safely the essential job tasks of a trooper, with or without reasonable accommodation.

Section 2. Candidates who are offered employment as cadet troopers shall be required to undergo training at the Kentucky State Police Academy prior to appointment as troopers. During the training period, a cadet trooper may be dismissed at any time, with or without cause.

Section 3. Cadet troopers who successfully complete academy training shall be appointed as troopers and given the constitutional oath of office. Troopers shall be on probation for a period of one (1) year from and after the date of appointment, and may be dismissed from employment at any time during the probationary period, with or without cause, pursuant to KRS 16.140(11).

History

RELATES TO: KRS 16.050
STATUTORY AUTHORITY: KRS 16.050, 16.080, 16.140(11)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 requires the Commissioner of the Department of Kentucky State Police to appoint persons as officers as necessary for the efficient administration of the department. KRS 16.050 requires that appointments to vacancies be made from lists of applicants eligible for appointment. This administrative regulation establishes the method of appointment.
History: 19 Ky.R. 2186; eff. 5-10-1993; 48 Ky.R. 1335, 2410; eff. 5-31-2022.

502 KAR 45:115 Appeals {#sec-502-kar-45-115 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:115}

Section 1. An applicant who is disqualified or deferred during the application process and who believes the disqualification or deferral was unlawful or that the applicant has been discriminated against because of the applicant's race, religion, sex, age, disability, ethnic origin, or political affiliation may initiate an appeal to the board by filing a statement of appeal in the office of the commissioner.

Section 2. The statement of appeal shall be in writing and shall be dated, signed, and sworn. It shall set forth with particularity the specific acts or omissions that are alleged to be discriminatory or otherwise unlawful. The statement of appeal shall be filed within thirty (30) days of the date of the act or omission which forms the basis for the appeal, or, if more than thirty (30) days have elapsed, within ten (10) days of the date that the applicant received notice or first became aware of the act or omission, if no notice was given.

Section 3. Within thirty (30) days of the receipt of the statement of appeal by the commissioner, the appellant applicant shall receive confirmation the appeal was received and that legal counsel for the department shall file a response which shall be served upon the appellant applicant. No later than sixty (60) days thereafter, the board shall consider the statement of appeal and the response. The board may rule upon the appeal based upon the statement of appeal and response, or it may order a hearing with at least ten (10) days prior notice to the appellant applicant. The appellant applicant may elect to waive, in writing, the ten (10) day notice requirement.

Section 4. The board may employ hearing officers who are attorneys to conduct the hearings and make advisory findings of fact, conclusions of law, and recommendations. At the hearing, the board shall not be bound by rules of order, evidence, or procedure except as it may itself establish.

Section 5. The board shall render a decision within six (6) months of the date of filing of the statement of appeal, and shall enter an order which sets forth the appropriate relief.

History

RELATES TO: KRS 16.050
STATUTORY AUTHORITY: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 requires the Kentucky State Police Personnel Board to hear appeals from applicants. This administrative regulation establishes the procedure for appeals.
History: 19 Ky.R. 2187; Am. 2410; eff. 5-10-1993; 30 Ky.R. 2232; eff. 7-2-2004; 48 Ky.R. 1336, 2411; eff. 5-31-2022.

502 KAR 45:150 Physical Fitness Test (PFT) {#sec-502-kar-45-150 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:150}

Section 1. An applicant shall be required to take the Physical Fitness Test.

Section 2. The Physical Fitness Test shall consist of a series of physical fitness tests used to determine if applicants can perform the essential job tasks required during basic training at the Kentucky State Police Academy.[

Section 3. The Physical Fitness Test shall be structured so that all applicants are required to perform the same tasks and be rated in the same manner.

Section 4. The Physical Fitness Test score shall constitute forty (40) percent of an applicant's score before TAPS points are applied.

Section 5. As soon as practical after the Physical Fitness Test, an applicant shall be advised ofhis or her score.

History

RELATES TO: KRS 16.040
STATUTORY AUTHORITY: KRS 16.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires that persons appointed as officers be physically able to safely perform essential job tasks. This administrative regulation establishes the procedure to determine if the applicants are capable of performing the essential job tasks of an officer during basic trooper cadet training.
History: 22 Ky.R. 1005; Am. 1307; eff. 1-8-1996; 23 Ky.R. 3095; 3566; 3765; eff. 4-15-1997; 48 Ky.R. 1338; eff. 5-31-2022.

Chapter 47 Methamphetamine Contamination Investigation Reporting

502 KAR 47:010 Methamphetamine {#sec-502-kar-47-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 47:010}

Section 1. Reporting. Officers conducting a criminal investigation occurring at a property in which a suspect has manufactured methamphetamine shall complete and submit the Energy and Environment Cabinet's Clandestine Drug Lab Preliminary Assessment Tier Selection Criteria form DEP 1016, incorporated by reference in 401 KAR 101:030.

(1) This form shall not be part of the officer's criminal investigation file and is not a Department of Kentucky State Police form.

(2) Neither the form nor information derived solely from the form shall be used for investigative purposes.

Section 2. Distribution. Officers shall complete Energy and Environment Cabinet form, Clandestine Drug Lab Preliminary Assessment Tier Selection Criteria form DEP 1016, incorporated by reference in 401 KAR 101:030, and submit a copy to the Local Health Department, the Energy and Environment Cabinet, and the Department of Public Health.

History

RELATES TO: KRS 218A.1431, 224.1-010-410 , 224.99-010
STATUTORY AUTHORITY: KRS 16.080, 224.1-010-410
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.1-010-410 requires the Department of Kentucky State Police to promulgate administrative regulations establishing a method for assessing properties when an officer has evidence that methamphetamine has been manufactured at a property . This administrative regulation establishes the method by which the Kentucky State Police shall notify the Energy and Environment Cabinet and the Cabinet for Health and Family Services that a property contains potentially hazardous materials resulting from the manufacture of methamphetamine.
History: 36 Ky.R. 494; Am. 784; eff. 11-6-2009; 48 Ky.R. 1339; eff. 4-5-2022.

Chapter 50 Trial Board Proceedings

502 KAR 50:010 Admissibility of evidence {#sec-502-kar-50-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 50:010}

Section 1. Presiding Officer. The designated members of the trial board shall, prior to the beginning of a trial, select one (1) of its members as the presiding officer. The presiding officer may have the assistance of counsel in order to rule on evidentiary or procedural matters. The presiding officer shall not vote or otherwise participate in the trial board's determination of guilt or innocence or in the setting of the punishment, if any.

Section 2. Strict Rules of Evidence Not to Apply. Any evidence which would be admissible under the statutes of the Commonwealth of Kentucky and under the rules of evidence followed by circuit courts of the Commonwealth of Kentucky shall be admitted in hearings before the trial board; however, the presiding officer may admit evidence that would be inadmissible in the courts if the evidence is of the type commonly relied upon by a reasonable, prudent person in the conduct of the person's affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded and the presiding officer shall give effect to the rules of privilege recognized by the laws of the Commonwealth of Kentucky.

Section 3. Discovery. Any officer against whom trial board charges have been filed may discover evidence. Discovery may be accomplished by use of the Open Records Law. Requests for documents shall be directed to the official custodian of records for the Kentucky State Police. Accused officers may also request the commissioner or presiding officer issue a subpoena for documents held by the agency that are relevant to an accused officer's defense. Discovery privileges, including the deliberation process and work product rule, shall be observed.

Section 4. Judicial Notice. The presiding officer may take judicial notice of matters of common knowledge that are beyond reasonable dispute, statutes, and official court records.

Section 5. Interrogation of Witnesses. The rules of law that apply to state court proceedings concerning the manner and scope of examination and cross-examination of witnesses shall apply to trial board proceedings.

Section 6. Impeachment of Witnesses. The rules of law concerning the impeachment of witnesses that apply to state court proceedings shall apply to trial board proceedings.

Section 7. Continuances.

(1) A continuance of a scheduled hearing may be granted by the commissioner for good cause.

(2) A request for a continuance shall:

(a) Be made in writing;

(b) State the reason for the request;

(d) Be filed with the commissioner; and

(e) Be mailed to all parties at least ten (10) days prior to the scheduled hearing.

(3) An objection to a request for a continuance shall:

(a) Be made in writing;

(b) State the reason for the objection to the request for continuance;

(d) Be mailed to all parties at least five (5) days prior to the scheduled hearing.

(4)

(a) The commissioner shall transmit to all parties an order either granting or denying the request for a continuance.

(b) If the continuance is granted, the order shall state the date on which the hearing has been rescheduled or that the hearing has been continued generally.

History

RELATES TO: KRS 16.140
STATUTORY AUTHORITY: KRS 16.140(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.140 establishes a trial board within the Department of Kentucky State Police to hear charges against officers. KRS 16.140(8) authorizes the commissioner to promulgate administrative regulations governing the procedure before the trial board. This administrative regulation establishes standards for the admissibility of evidence in proceedings before the trial board.
History: 13 Ky.R. 602; eff. 10-2-1986; Am. 22 Ky.R. 1715; eff. 5-16-1996; 48 Ky.R. 1340, 2045; eff. 4-5-2022.

Title 502 KAR — Justice and Public Safety Cabinet - Department of State Police

Chapter 5 Personnel; General

502 KAR 5:020 Code of ethics {#sec-502-kar-5-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 5:020}

Chapter 10 Driver Training

502 KAR 10:010 Definitions {#sec-502-kar-10-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:010}

502 KAR 10:020 Department facilities; facility inspection; conflict of interest {#sec-502-kar-10-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:020}

502 KAR 10:030 Instructor's license {#sec-502-kar-10-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:030}

502 KAR 10:035 Commercial driver's license skill testing {#sec-502-kar-10-035 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:035}

502 KAR 10:040 Training school facilities {#sec-502-kar-10-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:040}

502 KAR 10:050 Contracts and agreements {#sec-502-kar-10-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:050}

502 KAR 10:060 School advertising {#sec-502-kar-10-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:060}

502 KAR 10:070 Training vehicle, annual inspection {#sec-502-kar-10-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:070}

502 KAR 10:080 License suspension, revocation, denial {#sec-502-kar-10-080 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:080}

502 KAR 10:090 Procedure for denial, suspension, nonrenewal or revocation hearings {#sec-502-kar-10-090 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:090}

502 KAR 10:110 Third-party CDL skills test examiner standards {#sec-502-kar-10-110 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:110}

502 KAR 10:120 Hazardous materials endorsement requirements {#sec-502-kar-10-120 omnilex-key=us-ky-regs-official--title-502--502 KAR 10:120}

Chapter 11 Concealed Deadly Weapons

502 KAR 11:010 Application for license to carry concealed deadly weapon {#sec-502-kar-11-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:010}

502 KAR 11:020 Applicant photograph requirements for license to carry concealed deadly weapon {#sec-502-kar-11-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:020}

502 KAR 11:040 Incomplete application for license to carry concealed deadly weapon {#sec-502-kar-11-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:040}

502 KAR 11:050 Updating, replacement, and renewal of license to carry concealed deadly weapon {#sec-502-kar-11-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:050}

502 KAR 11:060 License denial and reconsideration process {#sec-502-kar-11-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:060}

502 KAR 11:070 License revocation and suspension notice and reinstatement process {#sec-502-kar-11-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 11:070}

Chapter 12 Medical Examiner Protocols

502 KAR 12:010 Sexual assault forensic-medical examination protocol {#sec-502-kar-12-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 12:010}

Chapter 13 Law Enforcement Officers Safety Act of 2004

502 KAR 13:010 Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:010}

502 KAR 13:030 Range qualification for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers {#sec-502-kar-13-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 13:030}

Chapter 14 Automated Fingerprint Identification System

502 KAR 14:010 Provision and maintenance of automated fingerprint identification system equipment and programs in detention centers. Submission of fingerprints by jailers to the Kentucky State Police {#sec-502-kar-14-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 14:010}

Chapter 15 General Traffic

502 KAR 15:010 Traffic collision reports {#sec-502-kar-15-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 15:010}

502 KAR 15:020 Abandoned vehicles {#sec-502-kar-15-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 15:020}

Chapter 20 Polygraph

502 KAR 20:010 Examination standards {#sec-502-kar-20-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:010}

502 KAR 20:020 Detection of deception examiners {#sec-502-kar-20-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:020}

502 KAR 20:030 Trainees {#sec-502-kar-20-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 20:030}

Chapter 30 Criminal History Record Information System

502 KAR 30:010 Definitions for 502 KAR Chapter 30 {#sec-502-kar-30-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:010}

502 KAR 30:020 Arrest and disposition reporting procedure {#sec-502-kar-30-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:020}

502 KAR 30:030 Audit of Criminal History Record Information System {#sec-502-kar-30-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:030}

502 KAR 30:050 Security of centralized criminal history record information {#sec-502-kar-30-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:050}

502 KAR 30:060 Dissemination of criminal history record information {#sec-502-kar-30-060 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:060}

502 KAR 30:070 Inspection of criminal history record information by record subject {#sec-502-kar-30-070 omnilex-key=us-ky-regs-official--title-502--502 KAR 30:070}

Chapter 31 Sex Offender Registration System

502 KAR 31:020 Sex Offender Registration System {#sec-502-kar-31-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 31:020}

Chapter 32 DNA

502 KAR 32:010 Centralized database for DNA identification records {#sec-502-kar-32-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 32:010}

Chapter 35 Kentucky Missing Child Information Center

502 KAR 35:010 Definitions {#sec-502-kar-35-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:010}

502 KAR 35:020 Capabilities of the Missing Child Information Center computer system {#sec-502-kar-35-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:020}

502 KAR 35:030 Quality of information reported to the Kentucky Missing Child Information Center {#sec-502-kar-35-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:030}

502 KAR 35:040 Reporting of missing children by law enforcement agencies {#sec-502-kar-35-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:040}

502 KAR 35:050 Statistical analysis of information related to missing children {#sec-502-kar-35-050 omnilex-key=us-ky-regs-official--title-502--502 KAR 35:050}

Chapter 40 Law Information Network of Kentucky

502 KAR 40:010 Law Information Network of Kentucky {#sec-502-kar-40-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:010}

502 KAR 40:020 Agreements for the legal exchange of criminal justice information {#sec-502-kar-40-020 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:020}

502 KAR 40:030 Criminal justice information exchange user agreement {#sec-502-kar-40-030 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:030}

502 KAR 40:040 LINK user agencies to initiate agreement with satellite agencies {#sec-502-kar-40-040 omnilex-key=us-ky-regs-official--title-502--502 KAR 40:040}

Chapter 45 Candidate Selection

502 KAR 45:005 Definitions {#sec-502-kar-45-005 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:005}

502 KAR 45:015 Qualifications {#sec-502-kar-45-015 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:015}

502 KAR 45:025 Disqualification {#sec-502-kar-45-025 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:025}

502 KAR 45:035 Application and selection process {#sec-502-kar-45-035 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:035}

502 KAR 45:045 Aptitude examination {#sec-502-kar-45-045 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:045}

502 KAR 45:075 Register {#sec-502-kar-45-075 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:075}

502 KAR 45:085 Medical examination {#sec-502-kar-45-085 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:085}

502 KAR 45:095 Psychological assessment {#sec-502-kar-45-095 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:095}

502 KAR 45:105 Appointment {#sec-502-kar-45-105 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:105}

502 KAR 45:115 Appeals {#sec-502-kar-45-115 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:115}

502 KAR 45:150 Physical Fitness Test (PFT) {#sec-502-kar-45-150 omnilex-key=us-ky-regs-official--title-502--502 KAR 45:150}

Chapter 47 Methamphetamine Contamination Investigation Reporting

502 KAR 47:010 Methamphetamine {#sec-502-kar-47-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 47:010}

Chapter 50 Trial Board Proceedings

502 KAR 50:010 Admissibility of evidence {#sec-502-kar-50-010 omnilex-key=us-ky-regs-official--title-502--502 KAR 50:010}

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