Kentucky Statutes 186.444 – Medical review board — Purpose — Members — Informal hearing — Authority of cabinet to promulgate administrative regulations — Prohibition against age-based licensing limitations — Appeal
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(1) The Transportation Cabinet shall promulgate administrative regulations to establish a medical review board. The purpose of the medical review board shall be to receive cases relating to the ability of an applicant or holder of a motor vehicle operator‘s license to drive due to physical or mental disability which may affect or limit a person’s ability to safely operate a motor vehicle.
(2) The secretary shall appoint any number of physicians licensed in the Commonwealth to the medical review board. Not less than three (3) members shall be present in order to conduct an informal hearing. Each member shall receive two hundred dollars ($200) per day for attending meetings of the board and shall be reimbursed for necessary expenses incurred in attending meetings.
(3) The cabinet shall promulgate administrative regulations regarding the procedures of the medical review board in conducting informal hearings.
(4) The cabinet shall not promulgate administrative regulations for the purpose of creating tests or other criteria that might limit a person’s ability to obtain or retain an operator’s license because that person may be considered too old to drive.
(5) Any person aggrieved by a decision made as a result of an informal hearing conducted under authority of KRS § 186.411 and this section may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 15, effective March 27, 2020. — Amended 1996 Ky. Acts ch. 318, sec. 71, effective July 15, 1996. — Created 1994
Ky. Acts ch. 455, sec. 1, effective July 15, 1994.
(2) The secretary shall appoint any number of physicians licensed in the Commonwealth to the medical review board. Not less than three (3) members shall be present in order to conduct an informal hearing. Each member shall receive two hundred dollars ($200) per day for attending meetings of the board and shall be reimbursed for necessary expenses incurred in attending meetings.
Terms Used In Kentucky Statutes 186.444
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Motor vehicle: means in KRS §. See Kentucky Statutes 186.010
- Operator: means any person in actual control of a motor vehicle upon a highway. See Kentucky Statutes 186.010
- vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except electric low-speed scooters, devices moved by human and animal power or used exclusively upon stationary rails or tracks, or which derives its power from overhead wires. See Kentucky Statutes 186.010
(3) The cabinet shall promulgate administrative regulations regarding the procedures of the medical review board in conducting informal hearings.
(4) The cabinet shall not promulgate administrative regulations for the purpose of creating tests or other criteria that might limit a person’s ability to obtain or retain an operator’s license because that person may be considered too old to drive.
(5) Any person aggrieved by a decision made as a result of an informal hearing conducted under authority of KRS § 186.411 and this section may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 15, effective March 27, 2020. — Amended 1996 Ky. Acts ch. 318, sec. 71, effective July 15, 1996. — Created 1994
Ky. Acts ch. 455, sec. 1, effective July 15, 1994.