238.565 Appeals of administrative actions.

476 words·~2 min read·/ky/chapter-238/238-565

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

(1)A license holder may appeal any administrative action taken under KRS 238.560. A

license holder shall be notified in writing of any action to be taken against him or

her. The notification may be delivered in person or mailed by certified mail, return

receipt requested, to the last known address of the license holder. Service of

notification of administrative action, whether by hand delivery or by certified mail,

shall be deemed complete if the license holder fails or refuses to accept delivery.

For service by hand delivery, notification shall be deemed received upon

acceptance of delivery or upon failure or refusal to accept delivery, and the person

affecting service on behalf of the office shall record the fact of the failure or refusal.

For service by certified mail, the notification of administrative action shall be

deemed received when the license holder accepts delivery or fails or refuses to

accept delivery at the last known address. The notification shall specify the charges

against the license holder, specify the proposed administrative sanction, and advise

the license holder of the right to appeal the decision within ten

(10)days of the date

of receipt of the notification.

(2)Upon receipt of an appeal, the corporation shall schedule the matter for an

administrative hearing that shall be conducted in accordance with KRS Chapter

13B.

(3)Any provisions of KRS Chapter 13B notwithstanding, within twenty

(20)days after

the conclusion of a hearing, the hearing officer shall prepare and present to the

corporation a recommended order based on findings of fact and conclusions of law.

Within thirty

(30)days of receipt of the recommended order, the corporation shall

affirm, reject, or modify, in whole or in part, the recommended order and shall issue

a final order. The final order shall be the final administrative action on the matter

and a copy of the final order shall be mailed to the license holder, by certified mail,

return receipt requested.

(4)Pursuant to KRS 13B.120(7), the corporation shall automatically hear and issue a

final order regarding any decision of the corporation that would otherwise be

subject to appeal.

(5)Any administrative action taken under this section shall, upon appeal, be stayed

until a final order is issued, with the exception of a summary suspension. The

corporation may issue an emergency order pursuant to KRS 13B.125 to summarily

suspend a license upon finding that continued operation of the license holder

pending a hearing would constitute a threat to the public health, safety, or welfare.

(6)A final order of the corporation may be appealed to the Circuit Court of the county

where the appellant works or resides in accordance with KRS Chapter 13B. If the

license holder against whom administrative action is proposed does not request an

appeal of the action, the corporation shall enter a final order imposing the proposed

administrative action.