329A.025 Duties and powers of board.
605 words·~3 min read·
/ky/chapter-329a/329a-025A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The board shall administer and enforce the provisions of KRS 329A.010 to
329A.090 and shall evaluate the qualifications of applicants for licensure and
issue licenses.
(2)The board shall:
(a)Implement the provisions of KRS 329A.010 to 329A.090 through the
promulgation of administrative regulations in accordance with the
provisions of KRS Chapter 13A;
(b)Promulgate administrative regulations to establish fees which shall not
exceed the amounts necessary to generate sufficient funds to effectively
carry out and enforce the provisions of KRS 329A.010 to 329A.090;
(c)Promulgate by administrative regulation an examination to be
administered at least twice annually to license applicants. The
examination shall be designed to measure knowledge and competence in
private investigating, including but not limited to the following subject
areas:
1. Federal and state constitutional principles;
2. Court decisions related to activities which could result in liability for
the invasion of privacy or other activities;
3. Eavesdropping and related offenses, assault and related offenses,
search and seizure laws, and laws regarding unlawful access to a
computer;
4. General weapons use and concealed weapons laws;
5. Additional state criminal laws and related procedures that are
relevant to the practice of private investigating; and
6. Additional subject areas as determined by the board; and
(d)Promulgate by administrative regulation a code of professional practice
and conduct that shall be based upon generally recognized principles of
professional ethical conduct and be binding upon all licensees.
(3)The board may:
(a)Contract with the Department of Professional Licensing within the Public
Protection Cabinet for the provision of administrative services;
(b)Employ any persons it deems necessary to carry on the work of the
board. The board may define their duties and fix their compensation;
(c)Develop or sponsor at least six
(6)hours of continuing professional
education annually;
(d)Approve and certify a forty
(40)hour training class covering the subject
areas of the licensing examination;
(e)Renew licenses and require continuing professional education as a
condition for renewal;
(f)Waive the examination requirement for any applicant licensed in a
reciprocal state as prescribed in subsection (3)(m) of this section, who is
licensed in good standing in that state and meets all of the other
requirements of KRS 329A.035;
(g)Suspend or revoke licenses, impose supervisory or probationary
conditions upon licensees, impose administrative disciplinary fines, or
issue written admonishments or reprimands, or any combination thereof;
(h)Issue subpoenas, examine witnesses, pay appropriate witness fees,
administer oaths, and investigate allegations of practices violating the
provisions of KRS 329A.010 to 329A.090;
(i)Conduct hearings pursuant to KRS Chapter 13B and keep records and
minutes necessary to carry out the board's functions;
(j)Organize itself into two
(2)panels to separate the functions of inquiry and
hearings. Each panel shall have the power to act as either an inquiry or
hearing panel. No member serving on the inquiry panel shall serve on the
hearing panel for any one
(1)particular case. Any final decision of the
hearing panel shall be considered as the final decision of the board and
the hearing panel may exercise all powers granted to the board pursuant
to KRS Chapter 13B;
(k)Utilize mediation as a technique to resolve disciplinary matters;
(l)Seek injunctive relief in the Circuit Court of the county where the alleged
unlawful practice occurred to stop the unlawful practice of private
investigating by unlicensed persons or companies; and
(m)Negotiate and enter into reciprocal agreements with appropriate officials
in other states to permit licensed investigation companies and private
investigators who meet or exceed the qualifications established in KRS
329A.010 to 329A.090 to operate across state lines under mutually
acceptable terms.