321.353 Emergency order for immediate, temporary suspension of license,

277 words·~1 min read·/ky/321-353

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

certificate, permit, or registration when necessary to protect the public -- Right

to appeal.

(1)The board may, by a majority vote, issue an emergency order for the immediate,

temporary suspension of a license, certificate, permit, or registration against which

disciplinary action, an investigation, or initiating complaint is pending if the order is

necessary to protect the public.

(2)The emergency order shall be made in accordance with KRS 13B.125 and shall be

based upon a finding by the board that the emergency order is in the public interest

and that there is substantial evidence of immediate danger to the health, welfare,

and safety of the credential holder's clients, animals, or the general public.

(3)A licensee, certificate holder, permittee, or registrant may appeal the emergency

order by filing a written request to the board for an emergency hearing in

accordance with KRS 13B.125 within thirty

(30)days after receipt of the order.

(4)The appeal of an emergency order shall address only the necessity for the action

and shall not constitute an appeal of the merits of the underlying complaint or

charge.

(5)The emergency order shall remain in effect until modified or vacated by the board

or hearing officer or superseded by final disciplinary action of the board or hearing

officer on the underlying complaint or charge.

(6)The board shall expedite disciplinary hearings in which a licensee, certificate

holder, permittee, or registrant has been suspended under subsection

(1)of this

section.

(7)Any party aggrieved by a final order of the board may appeal to the Franklin Circuit

Court after a written decision is issued by the board in accordance with KRS

Chapter 13B.