Kentucky Statutes 322.190 – Investigation and resolution of complaints — Appeals
Current as of: 2024 | Check for updates
|
Other versions
Any person or organization, including the board upon its own volition, may file with the executive director of the board a written complaint alleging violation of any provision of this chapter. The executive director shall cause the complaint to be investigated.
(1) If the investigation reveals that the alleged violation did occur but was not of a serious nature, the board may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for hearing in accordance with the provisions of KRS Chapter 13B.
(2) If the investigation reveals evidence supporting the complaint, the executive director shall set the matter for hearing in accordance with the provisions of KRS Chapter 13B before refusing to renew, suspending, revoking, reprimanding, imposing probation or an administrative fine, or any combination of actions regarding any license under the provisions of this chapter.
(a) At any time during the investigation or hearing process, the board may accept a written assurance of voluntary compliance from the licensee which effectively deals with the complaint.
(b) When the board issues a written reprimand to the licensee, a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
(3) After denying an application under the provisions of this chapter, the board may grant a hearing to the denied applicant in accordance with the provisions of KRS Chapter 13B.
(4) The board may reconsider, modify, or reverse its decision on any disciplinary action.
(5) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
Effective: January 1, 1999
History: Amended 1998 Ky. Acts ch. 214, sec. 17, effective January 1, 1999. — Amended 1986 Ky. Acts ch. 291, sec. 18, effective July 15, 1986. — Amended 1982
Ky. Acts ch. 273, sec. 6, effective July 15, 1982. — Amended 1972 Ky. Acts ch. 148, sec. 14. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599e-20.
(1) If the investigation reveals that the alleged violation did occur but was not of a serious nature, the board may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for hearing in accordance with the provisions of KRS Chapter 13B.
Terms Used In Kentucky Statutes 322.190
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Board: means the State Board of Licensure for Professional Engineers and Land
Surveyors. See Kentucky Statutes 322.010 - 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) If the investigation reveals evidence supporting the complaint, the executive director shall set the matter for hearing in accordance with the provisions of KRS Chapter 13B before refusing to renew, suspending, revoking, reprimanding, imposing probation or an administrative fine, or any combination of actions regarding any license under the provisions of this chapter.
(a) At any time during the investigation or hearing process, the board may accept a written assurance of voluntary compliance from the licensee which effectively deals with the complaint.
(b) When the board issues a written reprimand to the licensee, a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
(3) After denying an application under the provisions of this chapter, the board may grant a hearing to the denied applicant in accordance with the provisions of KRS Chapter 13B.
(4) The board may reconsider, modify, or reverse its decision on any disciplinary action.
(5) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
Effective: January 1, 1999
History: Amended 1998 Ky. Acts ch. 214, sec. 17, effective January 1, 1999. — Amended 1986 Ky. Acts ch. 291, sec. 18, effective July 15, 1986. — Amended 1982
Ky. Acts ch. 273, sec. 6, effective July 15, 1982. — Amended 1972 Ky. Acts ch. 148, sec. 14. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599e-20.