330.120 Investigation of complaint -- Conditions -- Authorized board actions for
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investigation -- Disposition hearing.
(1)The board may upon its own motion, and shall upon the verified written complaint
of any person, investigate the actions of any licensee or any person who assumes to
act as a licensee if the complaint, or complaint together with other evidence
presented in connection with it, presents a prima facie case of a violation of this
chapter. If a prima facie case is not established or the violation is deemed
inconsequential, the board may immediately dismiss the complaint.
(2)To investigate allegations of practices violating this chapter, the board may:
(a)Issue subpoenas to compel attendance of witnesses and the production of
books, papers, documents, or other evidence;
(b)Administer oaths;
(c)Review evidence;
(d)Examine witnesses; and
(e)Pay appropriate witness fees.
(3)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 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 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.