334.120 Complaints -- Procedure -- Disciplinary sanctions -- Prohibited
440 words·~2 min read·
/ky/334-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
conduct.
(1)Complaints against licensed persons shall be handled by the board in the
following manner:
(a)Any person desiring to make a complaint against a licensee under this
chapter shall reduce the complaint to writing and file it with the board.
(b)The board may conduct an investigation into any complaint which the
board feels may constitute a violation of this chapter or the administrative
regulations promulgated thereunder.
(c)The board may require that the licensee file a statement or report in
writing as to the facts and circumstances concerning the complaint
together with other information, material, or data reasonably related
thereto.
(d)The board may request the assistance of the Attorney General in
connection with an investigation.
(e)The board may employ the services of a hearing officer to conduct
hearings, prehearing conferences, advise the board as to legal matters,
and provide other legal services deemed appropriate by the board.
(2)If the board determines the charges made in the complaint are sufficient to
warrant a hearing to determine whether the license issued under this chapter
shall be suspended, revoked, or subject to reprimand or fine, it shall conduct a
hearing in accordance with KRS Chapter 13B.
(3)The provisions of this chapter shall in no way limit the jurisdiction and authority
of the Attorney General to take any necessary action under the Kentucky
Consumer Protection Act, KRS 367.110 to 367.300.
(4)The board may suspend, revoke, or levy a fine not to exceed one thousand
dollars ($1,000), refuse to issue or renew any license for a fixed period of time,
place on probation, issue a written reprimand to a licensee, or any combination
thereof, based on a finding of the board after hearing that a person licensed
under the provisions of this chapter has committed any of the following acts:
(a)Change of personal name, corporate name, charter, entity, or partnership
name or composition to avoid the imposition of liens or court action;
(b)The conviction of a felony, or a misdemeanor, if in accordance with KRS
Chapter 335B. The record of conviction, or a copy thereof, certified by the
clerk of the court or by the judge in whose court the conviction is had,
shall be conclusive evidence of that conviction;
(c)Procuring of license by fraud or deceit practiced upon the board;
(d)Unethical conduct as defined by the board by promulgation of an
administrative regulation;
(e)Engaging in any unfair, false, misleading, or deceptive act or practice;
(f)Incompetence or negligence in the practice of selling or fitting hearing
instruments; or
(g)Violating any provision of this chapter or the administrative regulations
promulgated thereunder.