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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Five (5) years from the date of a revocation, any person whose license has been
revoked may petition the board for reinstatement.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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