334A.175 Complaints -- Procedure -- Disciplinary sanctions -- Prohibited conduct.
422 words·~2 min read·
/ky/chapter-334a/334a-175A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person who desires to make a complaint against a licensee under this
chapter shall file a written complaint with the board.
(b)The board may conduct an investigation into any complaint which it feels may
constitute a violation of this chapter or the administrative regulations it
promulgates.
(c)The board may require that the licensee file a written statement or report
regarding the facts and circumstances concerning the complaint along with
other information, material, or data reasonably related to it.
(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:
1. Conduct hearings and prehearing conferences;
2. Advise the board as to legal matters; and
3. 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, refuse to issue or renew any license for a fixed
period of time, place on probation, issue a written reprimand to a licensee, levy a
fine not to exceed one thousand dollars ($1,000), or any combination thereof, based
on a finding of the board that a person licensed under 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 misdemeanor, if in accordance with KRS
Chapter 335B, including KRS 335B.020. 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 a 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 administrative regulation
promulgated by the board.