Kentucky Statutes 311.686 – Emergency order suspending, limiting, or restricting license — Complaint and hearing — Procedural rules for hearing — Emergency order invalid after issuance of final order
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(1) At any time when an inquiry panel established under KRS § 311.591 has probable cause to believe that an acupuncturist has violated the terms of an agreed order as defined in KRS § 311.550(19), or violated the terms of a disciplinary order, or that an acupuncturist’s practice constitutes a danger to the health, welfare, or safety of patients or the general public, the inquiry panel may issue an emergency order in accordance with KRS § 13B.125 suspending, limiting, or restricting the acupuncturist’s license.
(2) For the purposes of a hearing conducted under KRS § 311.592 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of substantial evidence of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An emergency order suspending, limiting, or restricting a license shall not be maintained after a final order as defined in KRS § 311.550(20) is served on the charged acupuncturist pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 24, sec. 14, effective July 15, 2014. — Created
2006 Ky. Acts ch. 249, sec. 16, effective July 12, 2006.
(2) For the purposes of a hearing conducted under KRS § 311.592 on an emergency order issued under this section, the findings of fact in the emergency order shall constitute a rebuttable presumption of substantial evidence of a violation of law that constitutes immediate danger to the health, welfare, or safety of patients or the general public. For the purposes of this hearing only, hearsay shall be admissible and may serve as a basis of the board’s findings.
Terms Used In Kentucky Statutes 311.686
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) An emergency order as described in subsection (1) of this section shall not be issued unless grounds exist for the issuance of a complaint. The inquiry panel shall issue a complaint prior to the date of the emergency hearing or the emergency order shall become void.
(4) An emergency order suspending, limiting, or restricting a license shall not be maintained after a final order as defined in KRS § 311.550(20) is served on the charged acupuncturist pursuant to the proceeding on the complaint. An appeal of an emergency order shall not prejudice the board from proceeding with the complaint.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 24, sec. 14, effective July 15, 2014. — Created
2006 Ky. Acts ch. 249, sec. 16, effective July 12, 2006.