309.316 Classification of offenses -- Investigation of wrongdoing -- Hearing --

313 words·~1 min read·/ky/309-316

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sanctions -- Hearing for denial of application.

(1)The board shall by administrative regulation classify types of offenses and the

recommended administrative action. The type of action to be taken shall be based

on the nature, severity, and frequency of the offense. Administrative action

authorized in this section shall be in addition to any criminal penalties provided in

KRS 309.300 to 309.319 or under other provisions of law.

(2)The board may investigate allegations of wrongdoing upon complaint or upon its

own volition. The board shall establish procedures for receiving and investigating

complaints by administrative regulation.

(3)If the board's investigation reveals evidence supporting the complaint, the board

shall set the matter for hearing in accordance with the provisions of KRS Chapter

13B before suspending, revoking, imposing probationary or supervisory conditions

or an administrative fine, issuing a written reprimand, or any combination of actions

regarding any license under the provisions of this chapter.

(4)If, after an investigation that includes opportunity for the licensee to respond, the

board determines that a violation took place but was not of a serious nature, it may

issue a written admonishment to the licensee. A copy of the admonishment shall be

placed in the permanent file of the licensee. The licensee shall have the right to file

a response to the admonishment within thirty

(30)days of its receipt and to have the

response placed in the permanent licensure file. The licensee may alternatively,

within thirty

(30)days of the receipt, file a request for hearing with the board. Upon

receipt of this request, the board shall set aside the written admonishment and set

the matter for hearing under the provisions of KRS Chapter 13B.

(5)After denying an application under the provisions of KRS 309.300 to 309.319, the

board may grant a hearing to the denied applicant in accordance with the provisions

of KRS Chapter 13B.