311.685 Hearing required before imposition of sanctions -- Right to hearing
494 words·~2 min read·
/ky/311-685A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
and appeal -- Petition for reissuance of revoked license -- Probation --
Decisions of board not subject to judicial review.
(1)The board, before suspending, revoking, imposing probationary or supervisory
conditions upon a licensed acupuncturist, imposing an administrative fine,
issuing a written reprimand, or any combination of these actions regarding any
licensed acupuncturist under KRS 311.671 to 311.686, shall set the matter for
a hearing under the provisions of KRS Chapter 13B.
(2)After denying an application under KRS 311.671 to 311.686 or issuing a written
admonishment, the board, at the request of the aggrieved party, shall grant a
hearing under the provisions of KRS Chapter 13B.
(3)Except for final orders denying an initial application or renewal for licensure or
final orders issued pursuant to KRS 13B.125(3), all final orders of the board
affecting an acupuncturist's license shall become effective thirty
(30)days after
notice is given to the license holder unless otherwise agreed; however, the
board's panels may provide that a final order be effective immediately when, in
the panel's opinion, based upon sufficient reasonable cause, the health,
welfare, and safety of patients or the general public would be endangered by
delay.
(4)Any acupuncturist who is aggrieved by a final order of the board denying an
initial or renewal application for licensure or rendering disciplinary action
against a license holder may seek judicial review of the order by filing a petition
with the Circuit Court of the county in which the board's offices are located in
accordance with KRS Chapter 13B. Decisions of the board's panels relating to
petitions for reinstatement of revoked licenses are not final orders for purposes
of this statute, and are not subject to judicial review.
(5)The court shall not award injunctive relief against the board without providing
the board with the reasonable opportunity to be heard.
(6)An acupuncturist whose license has been revoked may, after five
(5)years
from the effective date of the revocation order, petition the board to reissue the
license to again practice acupuncture in the Commonwealth of Kentucky.
(7)The board shall not be required to issue a new license, and a decision of the
board not to reissue a license shall not be subject to judicial review. A license
shall not be reissued following a petition under subsection
(6)of this section
unless the former license holder satisfies the board that he or she is presently
of good moral character and qualified both physically and mentally to resume
the practice of acupuncture without undue risk or danger to patients or the
public.
(8)In the event the board reissues a revoked license under the circumstances as
described in this section, the reissued license shall be under probation for a
period of not less than two
(2)years nor more than five
(5)years with
conditions fixed by the board, including a condition that any violation of the
remaining conditions of probation shall result in automatic revocation of the
license.