502 Ky. Admin. Regs. 11:060

Current through Register Vol. 51, No. 2, August 1, 2024

Section 502 KAR 11:060 - License denial and reconsideration process

RELATES TO: KRS 237.110

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.

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.

502 KAR 11:060

23 Ky.R. 2348; Am. 2720; eff. 1-9-97; Recodified from 503 KAR 6:090, 11-8-2006; 33 Ky.R. 1701; 2293; eff. 3-9-07; Certified to be amended; filing deadline 8-26-2021; 48 Ky.R. 1282; 49 Ky.R. 786; eff. 1/3/2023.

STATUTORY AUTHORITY: KRS 16.080(1), 237.110(9)