(1) (a) Any person initially applying for, or renewing, a Kentucky CDL or CLP shall be required to undergo a state and nati onal criminal history background check of state and federal wanted or "hot file" records conducted by the State Police. (b) All initial and renewal application forms for a Kentucky CDL or CLP shall conspicuously state the following: "STATE LAW REQUIRES A S TATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF APPLYING FOR A KENTUCKY CDL. ANY PERSON WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A KENTUCKY CDL." (2) The results of the state and national criminal history background checks shall be sent to the cabinet for review within seventy -two (72) hours. An applicant for a CLP may enroll in a commercial driver training program under the Kentucky Community and Technical College S ystem or a proprietary school licensed under KRS Chapter 165A, and may be issued a CLP upon enrollment, however the status of the applicant retaining the CLP shall not be determined until the results of the background checks are made available to the cabin et. The cabinet shall inform an applicant, based upon the criminal history background check, of the applicant's eligibility to be issued a CLP or CDL. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to specify con ditions that will cause a person to be denied a CLP or CDL based upon the person's criminal history background check. (3) Any fee charged by the State Police to conduct a criminal history background check shall be paid by the applicant and shall not be ref undable. Any fee charged to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search. (4) The criminal history background checks required by this section shall be in addition to any type of background check that may be required by federal statute, rule, regulation, or order.
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