(1) The Transportation Cabinet shall not terminate the services of any employee in a job classification which requires a valid commercial driver's license if:
(a) The employee has never held an operator's license;
(b) The employee is not eligible for a medical waiver to operate a commercial vehicle;
(c) The employee's driving record as of March 31, 1992, precludes the issuance of a commercial driver's license;
(d) The employee's job description, as of April 1, 1992, does not require a commercial driver's license;
(e) The employee retires by December 31, 1992.
(2) The Transportation Cabinet may terminate the employment of any employee whose job classification requires a commercial driver's license as of April 1, 1992, if the employee holds a valid Kentucky driver's license, but has failed to apply for a commercial driver's license and refuses to make an effort to take the necessary tests to obtain a commercial driver's license.
(3) The Transportation Cabinet shall not require a person to possess a commercial driver's license at the time of employment, but any employee who is required to obtain a commercial driver's license as a requirement for a job classification shall obtain the license prior to the expiration of the employee's six (6) month probationary period.