315.131 Proceedings before fine, probation, suspension, revocation of license,

412 words·~2 min read·/ky/315-131

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

permit, or certificate -- Appeals -- Emergency suspension prior to disciplinary

hearing.

(1)Every proceeding imposing a fine or for probation, suspension, or revocation of a

license, permit, or certificate issued pursuant to this chapter shall be conducted in

accordance with KRS Chapter 13B. Upon failure of the licensee, permit holder, or

certificate holder to respond to the complaint at or before the time of the hearing,

the allegations set forth in the complaint shall be taken by the board as confessed.

(2)All decisions revoking or suspending a license, permit, or certificate or placing a

licensee, permit holder, or certificate holder on probation or imposing a fine shall be

made by the board.

(3)The board may when in its opinion the continued practice of the licensee or

certificate holder or the continued operation of the permit holder would be

dangerous to the health, welfare, and safety of the general public, issue an

emergency order as provided in KRS 13B.125.

(4)A licensee, permit holder, or certificate holder aggrieved by a final order of the

board may within ten

(10)days after notice thereof move the board to reconsider

this order. A motion to reconsider based on newly-discovered material evidence

must be made within one

(1)year of the entry of the order.

(5)A licensee, permit holder, or certificate holder aggrieved by a final order of the

board may appeal to the Franklin Circuit Court in accordance with KRS Chapter

13B.

(6)The board may, without benefit of a hearing, temporarily suspend a license,

certificate, or permit for not more than sixty

(60)days if the president of the board

finds on the basis of reasonable evidence that a licensee, certificate holder, or permit

holder:

(a)Has violated a statute or administrative regulation the board is empowered to

enforce, and continued practice or operation by the licensee, certificate holder,

or permit holder would create imminent risk of harm to the public; or

(b)Suffers a mental or physical condition that through continued practice or

operation could create an imminent risk of harm to the public.

The emergency suspension shall take effect upon receipt by the licensee, certificate

holder, or permit holder of written notice, delivered by certified mail or in person,

specifying the statute or administrative regulation violated. At the time the

emergency suspension order issues, the board shall schedule a disciplinary hearing

to be held in accordance with the provisions of KRS Chapter 13B within sixty

days thereafter.