Kentucky Statutes 304.9-465 – Denial or suspension of license or appointment — Conditional license — Hearing
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(1) For the protection of the people of Kentucky, the commissioner may by order deny, suspend, or place conditions upon any license subject to the provisions of this subtitle.
(2) An order denying a license or appointment shall be based upon the application and any other information pertaining to the applicant available to the department.
(3) One (1) or more of the following circumstances shall be considered for an order suspending a license:
(a) The licensee’s indictment for crime involving dishonesty, breach of trust, a violation of Subtitle 47 of this chapter, or a violation of 18 U.S.C. § 1033;
(b) Sworn complaints to the department against the licensee showing clear and convincing evidence of a violation of KRS § 304.9-400 totaling in the aggregate three hundred dollars ($300) or more;
(c) The suspension or revocation of any other professional license held by the licensee in Kentucky or any other jurisdiction.
(4) The commissioner may place conditions upon any license for any reason set forth in subsection (3) of this section.
(5) Any person aggrieved by an order of the commissioner under this section may file an application for an emergency hearing pursuant to KRS § 13B.125 within sixty (60) days of the date of the order. The department shall conduct the hearing within ten (10) working days of the request for a hearing, and within five (5) working days of the completion of the hearing the agency or hearing officer shall render a written decision affirming, modifying, or revoking the emergency order. The emergency order shall be affirmed if there is substantial evidence of a violation of law that constitutes an immediate danger to the public health, safety, or welfare. The commissioner shall participate in an expedited hearing at the applicant’s written request.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1077, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 143, sec. 18, effective June 20, 2005. — Created 2000
Ky. Acts ch. 492, sec. 4, effective July 14, 2000.
(2) An order denying a license or appointment shall be based upon the application and any other information pertaining to the applicant available to the department.
Terms Used In Kentucky Statutes 304.9-465
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appointment: means a notification filed with the insurance department that an insurer has established an agency relationship with a producer. See Kentucky Statutes 304.9-020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
(3) One (1) or more of the following circumstances shall be considered for an order suspending a license:
(a) The licensee’s indictment for crime involving dishonesty, breach of trust, a violation of Subtitle 47 of this chapter, or a violation of 18 U.S.C. § 1033;
(b) Sworn complaints to the department against the licensee showing clear and convincing evidence of a violation of KRS § 304.9-400 totaling in the aggregate three hundred dollars ($300) or more;
(c) The suspension or revocation of any other professional license held by the licensee in Kentucky or any other jurisdiction.
(4) The commissioner may place conditions upon any license for any reason set forth in subsection (3) of this section.
(5) Any person aggrieved by an order of the commissioner under this section may file an application for an emergency hearing pursuant to KRS § 13B.125 within sixty (60) days of the date of the order. The department shall conduct the hearing within ten (10) working days of the request for a hearing, and within five (5) working days of the completion of the hearing the agency or hearing officer shall render a written decision affirming, modifying, or revoking the emergency order. The emergency order shall be affirmed if there is substantial evidence of a violation of law that constitutes an immediate danger to the public health, safety, or welfare. The commissioner shall participate in an expedited hearing at the applicant’s written request.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1077, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 143, sec. 18, effective June 20, 2005. — Created 2000
Ky. Acts ch. 492, sec. 4, effective July 14, 2000.