Kentucky Statutes 315.155 – Removal of board members
Current as of: 2024 | Check for updates
|
Other versions
(1) The Governor may remove a member of the board for any of the following reasons: (a) Refusal or inability of a board member to perform his duties as a member of
the board in an efficient, responsible and professional manner;
(b) Misuse of the office by a member of the board to obtain personal, pecuniary, or material gain or advantage for himself or another;
(c) Willful violation of any provision of KRS Chapter 315 or any rule or regulation promulgated thereunder.
(2) Any person may file a complaint with the executive director of the board against a board member alleging specific facts which constitute grounds for removal from the board. The executive director shall transmit a copy of any such complaint to the Governor, the president of the board and the accused board member. Upon a written recommendation of the Governor or two-thirds (2/3) of the members of the board, a hearing shall be conducted before an impartial hearing officer pursuant to KRS Chapter 13B.
(3) The hearing officer shall submit a transcript of the hearing to the Governor with a recommendation based on evidence presented in the hearing. The Governor shall review the transcript to determine if the evidence supports the recommendation, and he shall enter a finding in accordance with such determination.
(4) In the event a board member is removed, his removal shall be effective as of the date of the Governor’s finding and a vacancy shall be deemed to exist. Any board member so removed shall be entitled to appeal the removal in the Franklin Circuit Court.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 257, sec. 18, effective July 15, 1996. — Created
1982 Ky. Acts ch. 191, sec. 19, effective July 15, 1982.
the board in an efficient, responsible and professional manner;
Terms Used In Kentucky Statutes 315.155
- 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.
- Board: means the Kentucky Board of Pharmacy. See Kentucky Statutes 315.010
- 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.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Misuse of the office by a member of the board to obtain personal, pecuniary, or material gain or advantage for himself or another;
(c) Willful violation of any provision of KRS Chapter 315 or any rule or regulation promulgated thereunder.
(2) Any person may file a complaint with the executive director of the board against a board member alleging specific facts which constitute grounds for removal from the board. The executive director shall transmit a copy of any such complaint to the Governor, the president of the board and the accused board member. Upon a written recommendation of the Governor or two-thirds (2/3) of the members of the board, a hearing shall be conducted before an impartial hearing officer pursuant to KRS Chapter 13B.
(3) The hearing officer shall submit a transcript of the hearing to the Governor with a recommendation based on evidence presented in the hearing. The Governor shall review the transcript to determine if the evidence supports the recommendation, and he shall enter a finding in accordance with such determination.
(4) In the event a board member is removed, his removal shall be effective as of the date of the Governor’s finding and a vacancy shall be deemed to exist. Any board member so removed shall be entitled to appeal the removal in the Franklin Circuit Court.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 257, sec. 18, effective July 15, 1996. — Created
1982 Ky. Acts ch. 191, sec. 19, effective July 15, 1982.