216B.105 License procedure -- Hearings -- Decisions of cabinet to be in writing and
406 words·~2 min read·
/ky/216b-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of record.
(1)Unless otherwise provided in this chapter, no person shall operate any health
facility in this Commonwealth without first obtaining a license issued by the
cabinet, which license shall specify the kind or kinds of health services the facility
is authorized to provide. A license shall not be transferable and shall be issued for a
specific location and, if specified, a designated geographical area.
(2)The cabinet may deny, revoke, modify, or suspend a license in any case in which it
finds that there has been a substantial failure to comply with the provisions of this
chapter or the administrative regulations promulgated hereunder. The denial,
revocation, modification, or suspension shall be effected by mailing to the applicant
or licensee, by certified mail or other method of delivery which may include
electronic service, a notice setting forth the particular reasons for the action. The
denial, revocation, modification, or suspension shall become final and conclusive
thirty
(30)days after notice is given, unless the applicant or licensee, within the
thirty
(30)day period, shall file a request in writing for a hearing with the cabinet.
(3)The hearing shall be before a person designated to serve as hearing officer by the
Office of Administrative Hearings within the Department of Law.
(4)Within thirty
(30)days from the conclusion of the hearing, the findings and
recommendations of the hearing officer shall be transmitted to the cabinet, with a
synopsis of the evidence contained in the record and a statement of the basis of the
hearing officer's findings. The applicant or licensee shall be entitled to be
represented at the hearing in person or by counsel, or both, and shall be entitled to
introduce testimony by witnesses or, if the hearing officer so permits, by
depositions. A full and complete record shall be kept of all hearings, and all
testimony shall be reported but need not be transcribed unless the decision is
appealed pursuant to this chapter. The cabinet may adopt the hearing officer's
findings and recommendations or prepare written findings of fact and state the basis
for its decision which shall become part of the record of the proceedings.
(5)All decisions revoking, suspending, modifying or denying licenses shall be made by
the cabinet in writing. The cabinet shall notify the applicant or licensee of the
decision.
(6)The decision of the cabinet shall be final for purposes of judicial appeal upon notice
of the cabinet's decision.