309.448 Sanctions for misconduct -- Board's powers -- Appeals.

365 words·~2 min read·/ky/chapter-309/309-448

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

(1)Subject to an administrative hearing conducted in accordance with KRS Chapter

13B, the board may revoke, suspend, or restrict the registration of a registrant,

refuse to issue or renew registration, reprimand, censure, place on probation, or

impose a fine not to exceed one thousand dollars ($1,000) per occurrence on a

certified person or business entity who:

(a)Has been convicted of a felony under the laws of the Commonwealth of any

crime that involves theft or dishonesty, or is a sex crime as defined by KRS

17.500;

(b)Has had disciplinary action taken against a professional license, certification,

registration, or permit held by the person or business entity seeking

registration;

(c)Engaged in fraud or deceit in obtaining certification or registration;

(d)Attempts to transfer the authority granted by the registration to another person

or business entity;

(e)Disregards or violates the building codes, electrical codes, or related laws of

this Commonwealth or ordinances of any city, county, urban-county

government, consolidated local government, charter county government, or

unified local government;

(f)Aids or abets any person attempting to evade the provisions of KRS 309.430

to 309.454 or the administrative regulations promulgated by the board;

(g)Uses unfair or deceptive trade practices; or

(h)Knowingly violates any of the provisions of KRS 309.430 to 309.454 or any

administrative regulation promulgated by the board.

(2)If an application for registration or renewal of registration is denied, the person or

business entity seeking registration shall not conduct radon measurement,

mitigation, or laboratory analysis within the Commonwealth of Kentucky.

(3)Notwithstanding the existence or pursuit of any other civil or criminal remedy, the

board may institute proceedings in the Circuit Court of the county where the person

resides or the business entity is located for an order enjoining the person or business

entity from engaging or attempting to engage in activities that violate any provisions

of KRS 309.430 to 309.454 or any administrative regulation promulgated by the

board.

(4)Any final order of the board may be appealed to the Circuit Court of the county in

which the person resides or the business entity is located after a written decision is

rendered in accordance with KRS Chapter 13B.