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238.565 Appeals of administrative actions.
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A license holder may appeal any administrative action taken under KRS 238.560. A
license holder shall be notified in writing of any action to be taken against him. The
notification may be delivered in person or mailed by certified mail, return receipt
requested, to the last known address of the license holder. Service of notification of
administrative action, whether by hand delivery or by certified mail, shall be
deemed complete if the license holder fails or refuses to accept delivery. For service
by hand delivery, notification shall be deemed received upon acceptance of delivery
or upon failure or refusal to accept delivery, and the person affecting service on
behalf of the department shall record the fact of the failure or refusal. For service by
certified mail, the notification of administrative action shall be deemed received
when the license holder accepts delivery or fails or refuses to accept delivery at the
last known address. The notification shall specify the charges against the license
holder, specify the proposed administrative sanction, and advise him of his right to
appeal the decision within ten (10) days of the date of receipt of the notification.
Upon receipt of an appeal, the department shall schedule the matter for an
administrative hearing that shall be conducted in accordance with KRS Chapter
13B.
Any provisions of KRS Chapter 13B notwithstanding, within twenty (20) days after
the conclusion of a hearing, the hearing officer shall prepare and present to the
commissioner a recommended order based on findings of fact and conclusions of
law. Within thirty (30) days of receipt of the recommended order, the commissioner
shall affirm, reject, or modify, in whole or in part, the recommended order and shall
issue a final order. The final order shall be the final administrative action on the
matter and a copy of the final order shall be mailed to the license holder, by
certified mail, return receipt requested.
Any administrative action taken under this section shall, upon appeal, be stayed
until a final order is issued, with the exception of a summary suspension. The
department may issue an emergency order pursuant to KRS 13B.125 to summarily
suspend a license upon finding that continued operation of the license holder
pending a hearing would constitute a threat to the public health, safety, or welfare.
A final order of the commissioner may be appealed to Franklin Circuit Court in
accordance with KRS Chapter 13B. If the license holder against whom
administrative action is proposed does not request an appeal of the action, the
department shall enter a final order imposing the proposed administrative action.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 547, effective July 15, 2010. -- Amended
2000 Ky. Acts ch. 374, sec. 15, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 318, sec. 158, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 14,
effective March 16, 1994.
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