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330.120 Investigation of complaint -- Conditions -- Disposition hearing.
(1)
(2)
The board may upon its own motion, and shall upon the verified written
complaint of any person, investigate the actions of any licensee or any person
who assumes to act as a licensee if the complaint, or complaint together with
other evidence presented in connection with it, presents a prima facie case of a
violation of this chapter. If a prima facie case is not established or the violation
is deemed inconsequential, the board may immediately dismiss the complaint.
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 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 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.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 70, sec. 13, effective June 25, 2009. -Amended 1998 Ky. Acts ch. 285, sec. 8, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 344, sec. 11, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 170, sec. 11, effective July 13, 1990. -- Created 1962 Ky. Acts ch. 251,
sec. 12.
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