Kentucky Statutes 367.973 – Disciplinary powers of Attorney General — Hearing — Appeal
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(1) The Attorney General may deny, suspend, or revoke any license granted under KRS
367.940 or levy civil penalties not to exceed five hundred dollars ($500) or both or place the licensee on probation for up to twelve (12) months for any of the following causes:
(a) Obtaining a license through false statement or misrepresentation;
(b) Conducting, or undertaking a substantial step toward conducting his business in an unfair, false, misleading, or deceptive manner;
(c) Entry of a final civil judgment against the licensee for a violation of KRS
367.934 to 367.974, or for entry of a final judgment of conviction for a violation of KRS § 367.991;
(d) Entry of a final judgment of conviction against the licensee for any crime involving moral turpitude; or
(e) Violating any of the provisions of KRS § 367.932 to KRS § 367.974 or any lawful order or administrative regulation made or promulgated under KRS § 367.932 to KRS § 367.974.
(2) The Attorney General shall, before denying, suspending, or revoking a license or imposing fines, file a complaint alleging the grounds upon which the licensee may have his license denied, revoked, or suspended or have fines imposed. A copy of the complaint, together with any exhibits, shall be served upon the defendant licensee at the licensee’s last known address. The complainant shall show certification that there has been service by writing to the last known address. The answer shall be returned to the Attorney General’s office within twenty (20) days of receipt of the complaint by the defendant licensee. Upon receipt of an answer to a complaint, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(3) Any person aggrieved by a final order issued under authority of this section shall have the right of an appeal by filing a petition with the Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 351, effective July 15, 1996. — Created
1992 Ky. Acts ch. 305, sec. 5, effective July 14, 1992.
367.940 or levy civil penalties not to exceed five hundred dollars ($500) or both or place the licensee on probation for up to twelve (12) months for any of the following causes:
Terms Used In Kentucky Statutes 367.973
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) Obtaining a license through false statement or misrepresentation;
(b) Conducting, or undertaking a substantial step toward conducting his business in an unfair, false, misleading, or deceptive manner;
(c) Entry of a final civil judgment against the licensee for a violation of KRS
367.934 to 367.974, or for entry of a final judgment of conviction for a violation of KRS § 367.991;
(d) Entry of a final judgment of conviction against the licensee for any crime involving moral turpitude; or
(e) Violating any of the provisions of KRS § 367.932 to KRS § 367.974 or any lawful order or administrative regulation made or promulgated under KRS § 367.932 to KRS § 367.974.
(2) The Attorney General shall, before denying, suspending, or revoking a license or imposing fines, file a complaint alleging the grounds upon which the licensee may have his license denied, revoked, or suspended or have fines imposed. A copy of the complaint, together with any exhibits, shall be served upon the defendant licensee at the licensee’s last known address. The complainant shall show certification that there has been service by writing to the last known address. The answer shall be returned to the Attorney General’s office within twenty (20) days of receipt of the complaint by the defendant licensee. Upon receipt of an answer to a complaint, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(3) Any person aggrieved by a final order issued under authority of this section shall have the right of an appeal by filing a petition with the Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 351, effective July 15, 1996. — Created
1992 Ky. Acts ch. 305, sec. 5, effective July 14, 1992.