2013 Kentucky Revised Statutes CHAPTER 227 - FIRE PREVENTION AND PROTECTION -- ELECTRICIANS 227.640 Procedure for denial, suspension, or revocation of license or certificate of acceptability -- Appeal.
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227.640 Procedure for denial, suspension, or revocation of license or
certificate of acceptability -- Appeal.
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The board or its designee may deny the application for a license, certification,
or certificate of acceptability within thirty (30) days after receipt thereof by
written notice to the applicant, stating the grounds for such denial.
No license, certification, or certificate of acceptability shall be suspended or
revoked by the board unless the licensee or certificate holder is afforded the
opportunity for a hearing to be conducted in accordance with KRS Chapter
13B.
Any manufacturer, certified installer, or licensed retailer who violates or fails to
comply with KRS 227.550 to 227.660 or any administrative regulations
promulgated thereunder shall be notified in writing setting forth facts describing
the alleged violation and instructed to correct the violation, if it is correctable,
within twenty (20) days. Should the manufacturer, certified installer, or retailer
fail to make the necessary corrections within the specified time or if the
violation is not correctable, the board may, after notice and hearing in
accordance with KRS Chapter 13B, suspend or revoke any certificate of
acceptability, certification, or license if it finds that:
(a) The manufacturer, certified installer, or retailer has failed to pay the fees
authorized by KRS 227.550 to 227.660; or that
(b) The manufacturer, certified installer, or retailer, either knowingly or
without the exercise of due care to prevent the same, has violated any
provision of KRS 227.550 to 227.660 or any administrative regulation or
order lawfully made pursuant to and within the authority of KRS 227.550
to 227.660; or that
(c) The manufacturer has shipped or imported into this state a manufactured
home or mobile home to any person other than to a duly licensed retailer.
The board shall set out, through the promulgation of administrative regulations
in accordance with the provisions of KRS Chapter 13A, and shall provide for a
dispute resolution process which may be used prior to a formal hearing under
KRS Chapter 13B. The dispute resolution process shall be nonbinding on the
licensee, certified installer, or manufacturer and shall be conducted after
application for a KRS Chapter 13B hearing, but prior to the convening of the
KRS Chapter 13B hearing.
Any person aggrieved by any final order of the department may appeal to the
Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 422, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 217, sec. 7, effective July 12, 2006. -- Amended
2004 Ky. Acts ch. 74, sec. 11, effective July 13, 2004. -- Amended 1996 Ky.
Acts ch. 318, sec. 147, effective July 15, 1996; and ch. 340, sec. 10, effective
July 15, 1996. -- Amended 1980 Ky. Acts ch. 200, sec. 8, effective July 15,
1980. -- Created 1974 Ky. Acts ch. 76, sec. 12.
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