2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.105 License procedure -- Hearings -- Decisions of cabinet to be in writing and of record.
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216B.105 License procedure -- Hearings -- Decisions of cabinet to be in
writing and of record.
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Unless otherwise provided in this chapter, no person shall operate any health
facility in this Commonwealth without first obtaining a license issued by the
cabinet, which license shall specify the kind or kinds of health services the
facility is authorized to provide. A license shall not be transferable and shall be
issued for a specific location and, if specified, a designated geographical area.
The cabinet may deny, revoke, modify, or suspend a license in any case in
which it finds that there has been a substantial failure to comply with the
provisions of this chapter or the administrative regulations promulgated
hereunder. The denial, revocation, modification, or suspension shall be
effected by mailing to the applicant or licensee, by certified mail, a notice
setting forth the particular reasons for the action. The denial, revocation,
modification, or suspension shall become final and conclusive thirty (30) days
after notice is given, unless the applicant or licensee, within the thirty (30) day
period, shall file a request in writing for a hearing with the cabinet.
The hearing shall be before a person designated to serve as hearing officer by
the secretary.
Within thirty (30) days from the conclusion of the hearing, the findings and
recommendations of the hearing officer shall be transmitted to the cabinet, with
a synopsis of the evidence contained in the record and a statement of the basis
of the hearing officer's findings. The applicant or licensee shall be entitled to be
represented at the hearing in person or by counsel, or both, and shall be
entitled to introduce testimony by witnesses or, if the cabinet so permits, by
depositions. A full and complete record shall be kept of all hearings, and all
testimony shall be reported but need not be transcribed unless the decision is
appealed pursuant to this chapter. The cabinet may adopt the hearing officer's
findings and recommendations or prepare written findings of fact and state the
basis for its decision which shall become part of the record of the proceedings.
All decisions revoking, suspending, modifying or denying licenses shall be
made by the cabinet in writing. The cabinet shall notify the applicant or licensee
of the decision.
The decision of the cabinet shall be final for purposes of judicial appeal upon
notice of the cabinet's decision.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 371, sec. 54, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 512, Part 7, sec. 40, effective July 15, 1994. -Amended 1988 Ky. Acts ch. 210, sec. 24, effective July 15, 1988. -- Amended
1982 Ky. Acts ch. 347, sec. 20, effective July 15, 1982. -- Created 1980 Ky. Acts
ch. 135, sec. 20, effective July 15, 1980.
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