Title 502 | Chapter 010 | Regulation 120REG
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Kentucky State Police
(Amended at ARRS Committee)
502 KAR 10:120.Hazardous materials endorsement requirements.
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(a)
Certified check;(b)
Cashier's check;(c)
Money order; or(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(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(a)
Certified check;(b)
Cashier's check;(c)
Money order; or(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)
(8)
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 (8)(9)
If TSA informs the Commonwealth of a finding of Initial Determination of Threat Assessment, the renewal applicant shall not be issued an(9)(10)
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)(11)
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.FILED WITH LRC: February 10, 2025
CONTACT PERSON: Nathan Goens, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Kentucky State Police
(Amended at ARRS Committee)
502 KAR 10:120.Hazardous materials endorsement requirements.
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;(c)
Money order; or(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;(c)
Money order; or(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.FILED WITH LRC: February 10, 2025
CONTACT PERSON: Nathan Goens, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.