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238.565 Appeals of administrative actions.
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A license holder may appeal any administrative action taken under KRS
238.560. A license holder shall be notified in writing of any action to be taken
against him. The notification may be delivered in person or mailed by certified
mail, return receipt requested, to the last known address of the license holder.
Service of notification of administrative action, whether by hand delivery or by
certified mail, shall be deemed complete if the license holder fails or refuses to
accept delivery. For service by hand delivery, notification shall be deemed
received upon acceptance of delivery or upon failure or refusal to accept
delivery, and the person affecting service on behalf of the department shall
record the fact of the failure or refusal. For service by certified mail, the
notification of administrative action shall be deemed received when the license
holder accepts delivery or fails or refuses to accept delivery at the last known
address. The notification shall specify the charges against the license holder,
specify the proposed administrative sanction, and advise him of his right to
appeal the decision within ten (10) days of the date of receipt of the notification.
Upon receipt of an appeal, the department shall schedule the matter for an
administrative hearing that shall be conducted in accordance with KRS Chapter
13B.
Any provisions of KRS Chapter 13B notwithstanding, within twenty (20) days
after the conclusion of a hearing, the hearing officer shall prepare and present
to the commissioner a recommended order based on findings of fact and
conclusions of law. Within thirty (30) days of receipt of the recommended order,
the commissioner shall affirm, reject, or modify, in whole or in part, the
recommended order and shall issue a final order. The final order shall be the
final administrative action on the matter and a copy of the final order shall be
mailed to the license holder, by certified mail, return receipt requested.
Any administrative action taken under this section shall, upon appeal, be
stayed until a final order is issued, with the exception of a summary
suspension. The department may issue an emergency order pursuant to KRS
13B.125 to summarily suspend a license upon finding that continued operation
of the license holder pending a hearing would constitute a threat to the public
health, safety, or welfare.
A final order of the commissioner may be appealed to Franklin Circuit Court in
accordance with KRS Chapter 13B. If the license holder against whom
administrative action is proposed does not request an appeal of the action, the
department shall enter a final order imposing the proposed administrative
action.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 547, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 374, sec. 15, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 318, sec. 158, effective July 15, 1996. -- Created 1994 Ky.
Acts ch. 66, sec. 14, effective March 16, 1994.
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