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309.318 Board's disciplinary powers -- Reasons for sanctions -- Appeal to
Franklin Circuit Court.
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The board may refuse to issue a license or suspend, revoke, impose
probationary conditions upon, impose an administrative fine, issue a written
reprimand, or any combination thereof regarding any licensee upon proof that
the licensee has:
(a) Been convicted of a crime as described in KRS 335B.010(4) or an
offense that otherwise directly relates to the occupation of interpreter. A
plea of "no contest" may be treated as a conviction for purposes of
disciplinary action;
(b) Knowingly misrepresented or concealed a material fact in obtaining a
license or in reinstatement thereof;
(c) Committed any fraudulent act or practice;
(d) Been incompetent or negligent in the practice of interpreting;
(e) Violated any state statute or administrative regulation governing the
practice of interpreting;
(f) Violated the code of ethics of the national organization issuing the
licensee's certification as incorporated in administrative regulation; or
(g) Violated any federal or state law considered by the board to be applicable
to the practice of interpreting.
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.
At any time during the investigative or hearing processes, the board may
accept an assurance of voluntary compliance from the licensee which
effectively deals with the complaint.
The board may reconsider, modify, or reverse its probation, suspensions, or
other disciplinary action.
Five (5) years from the date of a revocation, any person whose license has
been revoked may petition the board for reinstatement. The board shall
investigate the petition and may reinstate the license upon a finding that the
individual has complied with any terms prescribed by the board and is again
able to competently engage in the practice of interpreting.
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:July 15, 1998
History: Created 1998 Ky. Acts ch. 11, sec. 11, effective July 15, 1998.
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