186.570 Denial or suspension of license -- Informal hearing -- Appeal -- Surrender of certificate -- Medical review board -- Prohibition against raising insurance on basis of denial or suspension for
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<![CDATA[186.570 Denial or suspension of license -- Informal hearing -- Appeal -- Surrender of certificate -- Medical review board -- Prohibition against raising insurance <br>on basis of denial or suspension for child support arrearage. (1) The cabinet or its agent designated in writing for that purpose may deny any person an operator's license or may suspend the operator's license of any person, or, in the <br>case of a nonresident, withdraw the privilege of operating a motor vehicle in this <br>state, subject to a hearing and with or without receiving a record of conviction of <br>that person of a crime, if the cabinet has reason to believe that: <br>(a) That person has committed any offenses for the conviction of which mandatory revocation of a license is provided by KRS 186.560. (b) That person has, by reckless or unlawful operation of a motor vehicle, caused, or contributed to an accident resulting in death or injury or serious property <br>damage. (c) That person has a mental or physical disability that makes it unsafe for him to drive upon the highways. The Transportation Cabinet shall, by administrative <br>regulations promulgated pursuant to KRS Chapter 13A, establish a medical <br>review board to provide technical assistance in the review of the driving <br>ability of these persons. The board shall consist of licensed medical and <br>rehabilitation specialists. (d) That person is an habitually reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws. (e) That person has been issued a license without making proper application for it, as provided in KRS 186.412 and administrative regulations promulgated <br>pursuant to KRS Chapter 13A. (f) That person has presented false or misleading information as to the person's residency, citizenship, religious convictions, or immigration status. (g) A person required by KRS 186.480 to take an examination has been issued a license without first having passed the examination. (h) That person has been convicted of assault and battery resulting from the operation of a motor vehicle. (i) That person has failed to appear pursuant to a citation or summons issued by a law enforcement officer of this Commonwealth or any other jurisdiction. (j) That person has failed to appear pursuant to an order by the court to produce proof of security required by KRS 304.39-010 and a receipt showing that a <br>premium for a minimum policy period of six (6) months has been paid. (k) That person is a habitual violator of KRS 304.39-080. For purposes of this section, a "habitual violator" shall mean any person who has operated a motor <br>vehicle without security on the motor vehicle as required by Subtitle 39 of this <br>chapter three (3) or more times within a five (5) year period, in violation of <br>KRS 304.99-060(2). (2) The cabinet shall deny any person a license or shall suspend the license of an operator of a motor vehicle upon receiving written notification from the Cabinet for Health and Family Services that the person has a child support arrearage which <br>equals or exceeds the cumulative amount which would be owed after six (6) months <br>of nonpayment or failure, after receiving appropriate notice, to comply with a <br>subpoena or warrant relating to paternity or child support proceedings, as provided <br>by 42 U.S.C. secs. 651 et seq.; except that any child support arrearage which exists <br>prior to January 1, 1994, shall not be included in the calculation to determine <br>whether the license of an operator of a motor vehicle shall be denied or suspended. <br>The denial or suspension shall continue until the arrearage has been eliminated, <br>payments on the child support arrearage are being made in accordance with a court <br>or administrative order, or the person complies with the subpoena or warrant <br>relating to paternity or child support. Before the license may be reinstated, proof of <br>elimination of the child support arrearage or proof of compliance with the subpoena <br>or warrant relating to paternity or child support proceedings as provided by 42 <br>U.S.C. sec. 666(a)(16) from the court where the action is pending or the Cabinet for <br>Health and Family Services shall be received by the Transportation Cabinet as <br>prescribed by administrative regulations promulgated by the Cabinet for Health and <br>Family Services and the Transportation Cabinet. (3) The cabinet or its agent designated in writing for that purpose shall deny any person an operator's license or shall suspend the operator's license of any person, or, in the <br>case of a nonresident, withdraw the privilege of operating a motor vehicle in this <br>state, where the person has been declared ineligible to operate a motor vehicle under <br>KRS 532.356 for the duration of the ineligibility, upon notification of the court's <br>judgment. (4) The cabinet or its agent designated in writing for that purpose shall provide any person subject to the suspension, revocation, or withdrawal of their driving <br>privileges, under provisions of this section, an informal hearing. Upon determining <br>that the action is warranted, the cabinet shall notify the person in writing by mailing <br>the notice to the person by first-class mail to the last known address of the person. <br>The hearing shall be automatically waived if not requested within twenty (20) days <br>after the cabinet mails the notice. The hearing shall be scheduled as early as <br>practical within twenty (20) days after receipt of the request at a time and place <br>designated by the cabinet. An aggrieved party may appeal a decision rendered as a <br>result of an informal hearing, and upon appeal an administrative hearing shall be <br>conducted in accordance with KRS Chapter 13B. (5) (a) The cabinet may suspend the operator's license of any resident upon receiving notice of the conviction of that person in another state of an offense there <br>which, if committed in this state, would be grounds for the suspension or <br>revocation of an operator's license. The cabinet shall not suspend an operator's <br>license under this paragraph if: <br>1. The conviction causing the suspension or revocation is more than five <br>(5) years old; 2. The conviction is for a traffic offense other than a felony traffic offense <br>or a habitual violator offense; and 3. The license holder complies with the provisions of KRS 186.442. (b) If, at the time of application for an initial Kentucky operator's license, a person's license is suspended or revoked in another state for a conviction that <br>is less than five (5) years old, the cabinet shall deny the person a license until <br>the person resolves the matter in the other state and complies with the <br>provisions of this chapter. (c) The cabinet may, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle <br>laws, forward a notice of that person's conviction to the proper officer in the <br>state of which the convicted person is a resident. (d) This subsection shall not apply to a commercial driver's license. (6) The Transportation Cabinet is forbidden from suspending or revoking an operator's license or assessing points or any other form of penalty against the license holder <br>for speeding violations or speeding convictions from other states. This subsection <br>shall apply only to speeding violations. This section shall not apply to a person who <br>holds or is required to hold a commercial driver's license. (7) Each operator's license which has been canceled, suspended, or revoked shall be surrendered to and retained by the cabinet. At the end of the period of cancellation, <br>suspension, or revocation, the license may be returned to the licensee after he has <br>complied with all requirements for the issuance or reinstatement of his driving <br>privilege. (8) Insurance companies issuing motor vehicle policies in the Commonwealth shall be prohibited from raising a policyholder's rates solely because the policyholder's <br>driving privilege has been suspended or denied pursuant to subsection (2) of this <br>section. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 21, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 145, effective June 20, 2005; ch 152, sec. 3, effective June <br>20, 2005; and ch. 165, sec. 3, effective June 20, 2005. -- Amended 2003 Ky. Acts <br>ch. 189, sec. 3, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 264, sec. 7, <br>effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 139, sec. 1, effective June 21, <br>2001. -- Amended 1998 Ky. Acts ch. 255, sec. 1, effective July 15, 1998; ch. 426, <br>sec. 123, effective July 15, 1998; ch. 442, sec. 6, effective July 15, 1998; and <br>ch. 565, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 72, <br>effective July 15, 1996; and ch. 341, sec. 11, effective July 15, 1996. -- Amended <br>1994 Ky. Acts ch. 381, sec. 1, effective July 15, 1994; and ch. 416, sec 8, effective <br>July 15, 1994. </p>
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