Kentucky Statutes 321.353 – Emergency order for immediate, temporary suspension of license, certificate, permit, or registration when necessary to protect the public — Right to appeal
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(1) The board may, by a majority vote, issue an emergency order for the immediate, temporary suspension of a license, certificate, permit, or registration against which disciplinary action, an investigation, or initiating complaint is pending if the order is necessary to protect the public.
(2) The emergency order shall be made in accordance with KRS § 13B.125 and shall be based upon a finding by the board that the emergency order is in the public interest and that there is substantial evidence of immediate danger to the health, welfare, and safety of the credential holder’s clients, animals, or the general public.
(3) A licensee, certificate holder, permittee, or registrant may appeal the emergency order by filing a written request to the board for an emergency hearing in accordance with KRS § 13B.125 within thirty (30) days after receipt of the order.
(4) The appeal of an emergency order shall address only the necessity for the action and shall not constitute an appeal of the merits of the underlying complaint or charge.
(5) The emergency order shall remain in effect until modified or vacated by the board or hearing officer or superseded by final disciplinary action of the board or hearing officer on the underlying complaint or charge.
(6) The board shall expedite disciplinary hearings in which a licensee, certificate holder, permittee, or registrant has been suspended under subsection (1) of this section.
(7) Any party aggrieved by a final order of the board may appeal to the Franklin Circuit Court after a written decision is issued by the board in accordance with KRS Chapter 13B.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 26, effective June 29, 2023. — Created
2016 Ky. Acts ch. 116, sec. 12, effective July 15, 2016.
(2) The emergency order shall be made in accordance with KRS § 13B.125 and shall be based upon a finding by the board that the emergency order is in the public interest and that there is substantial evidence of immediate danger to the health, welfare, and safety of the credential holder’s clients, animals, or the general public.
Terms Used In Kentucky Statutes 321.353
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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 Veterinary Examiners. See Kentucky Statutes 321.181
- Certificate holder: means a person certified by the board. See Kentucky Statutes 321.181
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- complaint: means any allegation of misconduct that may constitute a violation of this chapter or any administrative regulation promulgated under the authority of this chapter. See Kentucky Statutes 321.181
- Credential: means :
(a) Any license, certificate, permit, registration, or other credential issued or approved by the board. See Kentucky Statutes 321.181 - 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.
- Licensee: means a person licensed by the board under this chapter. See Kentucky Statutes 321.181
- Permittee: means a person permitted by the board under this chapter. See Kentucky Statutes 321.181
(3) A licensee, certificate holder, permittee, or registrant may appeal the emergency order by filing a written request to the board for an emergency hearing in accordance with KRS § 13B.125 within thirty (30) days after receipt of the order.
(4) The appeal of an emergency order shall address only the necessity for the action and shall not constitute an appeal of the merits of the underlying complaint or charge.
(5) The emergency order shall remain in effect until modified or vacated by the board or hearing officer or superseded by final disciplinary action of the board or hearing officer on the underlying complaint or charge.
(6) The board shall expedite disciplinary hearings in which a licensee, certificate holder, permittee, or registrant has been suspended under subsection (1) of this section.
(7) Any party aggrieved by a final order of the board may appeal to the Franklin Circuit Court after a written decision is issued by the board in accordance with KRS Chapter 13B.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 26, effective June 29, 2023. — Created
2016 Ky. Acts ch. 116, sec. 12, effective July 15, 2016.