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309.316 Classification of offenses -- Investigation of wrongdoing -- Hearing -Sanctions -- Hearing for denial of application.
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The board shall by administrative regulation classify types of offenses and the
recommended administrative action. The type of action to be taken shall be
based on the nature, severity, and frequency of the offense. Administrative
action authorized in this section shall be in addition to any criminal penalties
provided in KRS 309.300 to 309.319 or under other provisions of law.
The board may investigate allegations of wrongdoing upon complaint or upon
its own volition. The board shall establish procedures for receiving and
investigating complaints by administrative regulation.
If the board's investigation reveals evidence supporting the complaint, the
board shall set the matter for hearing in accordance with the provisions of KRS
Chapter 13B before suspending, revoking, imposing probationary or
supervisory conditions or an administrative fine, issuing a written reprimand, or
any combination of actions regarding any license under the provisions of this
chapter.
If, after an investigation that includes opportunity for the licensee to respond,
the board determines that a violation took place but was not of a serious
nature, it may issue a written admonishment to the licensee. A copy of the
admonishment shall be placed in the permanent file of the licensee. The
licensee shall have the right to file a response to the admonishment within
thirty (30) days of its receipt and to have the response placed in the permanent
licensure file. The licensee may alternatively, within thirty (30) days of the
receipt, file a request for hearing with the board. Upon receipt of this request,
the board shall set aside the written admonishment and set the matter for
hearing under the provisions of KRS Chapter 13B.
After denying an application under the provisions of KRS 309.300 to 309.319,
the board may grant a hearing to the denied applicant in accordance with the
provisions of KRS Chapter 13B.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 11, sec. 10, effective July 15, 1998.
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