Title 502 | Chapter 011 | Regulation 070
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
JUSTICE AND PUBLIC SAFETY CABINET
Department of State Police.
(Amendment)
502 KAR 11:070.License revocation and suspension notice and reinstatement process.
Section 1.
If the department determines that it will revoke a license, the department shall notify the licensee(1)
The(2)
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;(3)
That failure of the licensee to surrender a revoked license is a Class A misdemeanor; and(4)
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 revocationSection 2.
If the department determines that it will suspend a license, the department shall notify the licensee(1)
The(2)
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;(3)
That failure of the licensee to surrender a suspended license is a Class A misdemeanor; and(4)
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 suspensionSection 3.
If a licensee signs(1)
Place the signed revocation notice or notice of suspension(2)
Transmit the completed single applicant packet to the departmentSection 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 commissionerSection 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.Section 8.
(1)
(a)
(b)
(c)
(2)
PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Establishes the revocation and reinstatement procedures applicable to a license to carry a concealed deadly weapon.
(b) The necessity of this administrative regulation:
To promulgate the appropriate procedure and standards prior to the administration of a license to carry a concealed deadly weapon.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
It establishes the method for revocation/reinstatement of a license to carry a concealed deadly weapon, including the requirements that must be met.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This amendment provides clarification to the previous language, and similarly defines the previous language more clearly.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment clarifies the existing statute and conforms to the existing practices already in place.
(b) The necessity of the amendment to this administrative regulation:
The previous language did not adequately encompass the criteria relating to revocation/reinstatement.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment allows the Department to more effectively process revocations/reinstatements.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarification to the previous language, and similarly defines the previous language more clearly.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of the Kentucky State Police; and all interested individuals who apply for a license to carry a concealed deadly weapon. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No new actions must be taken on behalf of the regulated entities. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: Nothing. (c) As a result of compliance, what benefits will accrue to the entities: The amendment provides additional guidance to the regulated entities.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
Nothing.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This amendment is not anticipated to increase implementation or enforcement costs for the Council or for any regulated entity.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase is necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
The amendment of this regulation does not establish any new fees or increase any current fees, directly or indirectly.
(9) TIERING: Is tiering applied?
No. Tiering was not applied because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of the Kentucky State Police; and all interested individuals who apply for a license to carry a concealed deadly weapon.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 16.080, KRS 237.110(7)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
Nothing.
(d) How much will it cost to administer this program for subsequent years?
Nothing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None.
Expenditures (+/-):
None.
Other Explanation:
None.
JUSTICE AND PUBLIC SAFETY CABINET
Department of State Police.
(Amendment)
502 KAR 11:070.License revocation and suspension notice and reinstatement process.
Section 1.
If the department determines that it will revoke a license, the department shall notify the licensee of the following:(1)
The reason for the revocation;(2)
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;(3)
That failure of the licensee to surrender a revoked license is a Class A misdemeanor; and(4)
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.
If the department determines that it will suspend a license, the department shall notify the licensee of the following:(1)
The reason for the suspension;(2)
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;(3)
That failure of the licensee to surrender a suspended license is a Class A misdemeanor; and(4)
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.PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: August 24, 2021
FILED WITH LRC: August 26, 2021 at 4:30 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Establishes the revocation and reinstatement procedures applicable to a license to carry a concealed deadly weapon.
(b) The necessity of this administrative regulation:
To promulgate the appropriate procedure and standards prior to the administration of a license to carry a concealed deadly weapon.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
It establishes the method for revocation/reinstatement of a license to carry a concealed deadly weapon, including the requirements that must be met.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This amendment provides clarification to the previous language, and similarly defines the previous language more clearly.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment clarifies the existing statute and conforms to the existing practices already in place.
(b) The necessity of the amendment to this administrative regulation:
The previous language did not adequately encompass the criteria relating to revocation/reinstatement.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment allows the Department to more effectively process revocations/reinstatements.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarification to the previous language, and similarly defines the previous language more clearly.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of the Kentucky State Police; and all interested individuals who apply for a license to carry a concealed deadly weapon. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No new actions must be taken on behalf of the regulated entities. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: Nothing. (c) As a result of compliance, what benefits will accrue to the entities: The amendment provides additional guidance to the regulated entities.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
Nothing.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This amendment is not anticipated to increase implementation or enforcement costs for the Council or for any regulated entity.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase is necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
The amendment of this regulation does not establish any new fees or increase any current fees, directly or indirectly.
(9) TIERING: Is tiering applied?
No. Tiering was not applied because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of the Kentucky State Police; and all interested individuals who apply for a license to carry a concealed deadly weapon.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 16.080, KRS 237.110(7)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
Nothing.
(d) How much will it cost to administer this program for subsequent years?
Nothing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None.
Expenditures (+/-):
None.
Other Explanation:
None.