Title 201 | Chapter 010 | Regulation 090REG
PROPOSED
This document is not yet current.
BOARDS AND COMMISSIONS
Board of Landscape Architects
(New Administrative Regulation)
201 KAR 10:090.Investigation and discipline process.
Section 1.
Reception of Complaints; Investigations.(1)
A complaint may be submitted by any individual, organization, or entity.(2)
A complaint shall be in writing, and shall allege acts that may be in violation of the provisions of KRS Chapter 323A or 201 KAR Chapter 10 by the named licensee, applicant, or unlicensed individual against whom the complaint was made.(3)
Excluding agency-initiated complaints and anonymous complaints, the complaint shall be signed by the person offering the complaint, and the board shall notify a complainant in writing of the receipt of the complaint.(4)
If the board receives an anonymous complaint, an investigation shall be conducted if the complaint is accompanied by sufficient corroborating evidence, or if such evidence is readily available, as would allow the board to believe, based upon a totality of the circumstances, that a reasonable probability exists that the complaint is meritorious.(5)
The chairperson of the board, the executive director or designee shall file an agency-initiated complaint based upon information received by oral, telephone, or written communications if the facts of the complaint are found to be accurate and indicate acts that may be in violation of the provisions of KRS Chapter 323A or 201 KAR Chapter 10.(6)
The executive director shall have the authority to direct any investigation and shall possess any and all powers possessed by the board in regard to investigations.(7)
The executive director shall further be empowered to order the attendance of any licensee or applicant at an investigative meeting regarding any complaint or consideration of any disciplinary matter.(8)
The failure, without good cause, of any licensee or applicant to attend an investigative meeting when requested shall be considered a violation of KRS 323A.110(9).(9)
The executive director shall have the authority to delegate investigative functions to other agency staff.(10)
Excluding a self-report complaint or an application that discloses a violation of KRS Chapter 323A or 201 KAR Chapter 10, if the complaint establishes a potential violation, the board shall send a copy of the complaint to the licensee or applicant to the address of record by United States Postal Service regular mail. If the board is aware of the person's email address, it may send a copy by email as well.(11)
A written, legible, verified response shall be filed with the board within thirty (30) days of issuance of the complaint to the licensee or applicant.(12)
The failure, without good cause, of any licensee or applicant to file a written, legible, verified response when due shall be considered a violation of KRS 323A.110(9) and an admission of the allegations stated in the complaint.(13)
All preliminary information shall be treated as confidential during the investigation and shall not be disclosed to board members or to the public, except during board review of case information in closed session when making a finding of probable cause or no probable cause.(14)
If a board member has participated in the investigation or has substantial knowledge of facts prior to a hearing on the complaint that may influence an impartial decision by the member, that member shall not participate in the probable cause finding or the deliberations or decision-making conducted pursuant to KRS 13B.120.(15)
Each complaint shall be investigated as necessary and as promptly as possible, and presented to the board for review and a finding of probable cause or no probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred, which shall be determined on a majority vote of a quorum of the board and recorded in the minutes.(16)
If the board determines that there is no probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred, there shall not be further action unless warranted by further evidence, and the board shall notify the complaining party and the individual of the no probable cause finding.(17)
Upon a board determination that there is probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred the board may proceed with either or both of the following options:(a)
A notice of hearing and statement of charges may be issued pursuant to KRS 13B.050, and an administrative hearing may be scheduled pursuant to KRS Chapter 13B; or(b)
An agreed order may be offered pursuant to Section 3 of this administrative regulation.Section 2.
Noncompliance with Final Order or Agreed Order Terms.(1)
The chairperson of the board, the executive director or designee may investigate as needed, using any of the methods available in Section 1 of this administrative regulation, to monitor an individual's compliance with the terms of an agreed order or a final order entered by the board pursuant to KRS Chapter 13B.(2)
A written notice shall be sent by the board to any individual who has violated the terms of an agreed order or a final order entered by the board pursuant to KRS Chapter 13B by mailing a copy to the individual's address of record by United States Postal Service regular mail. If the board is aware of the person's email address, it may send a copy by email as well.(3)
The written notice issued in accordance with this section shall specify the sanctions and any other remedial action sought by the board as a consequence of the individual's noncompliance.(4)
The individual to whom the notice specified in subsection (3) of this section is sent shall file with the board, within thirty (30) days of issuance of the notice, a written, legible, verified response.(5)
The failure, without good cause, to file a written, legible, verified response when due shall be considered a violation of KRS 323A.110(9), an admission of noncompliance, and an acceptance of the sanctions and remedial actions stated in the notice specified in subsection (3) of this section. The board shall give notice of the imposition of such sanctions and remedial actions by transmitting a written notice of final disposition to the individual or the individual's attorney of record in the same manner as provided in KRS 13B.050.(6)
Upon the receipt of a written, legible, verified response to a notice of noncompliance, the executive director shall be authorized to sign a notice of hearing and statement of charges, and shall have the option proceeding in accordance with either or both Sections 3 or 4 of this administrative regulation.Section 3.
Informal Proceedings.(1)
At any time subsequent to the issuance of a complaint to a licensee or applicant, or a notice of noncompliance pursuant to Section 2 of this administrative regulation, the executive director or designee shall have the authority and the complete discretion to negotiate with the licensee or applicant concerning proposed stipulations of fact, conclusions of law, and proposed discipline. The executive director shall also have discretion to reject any or all offers of informal dispensation and may commence informal proceedings on his or her own initiative.(2)
Whenever the executive director or designee believes that an appropriate proposed informal dispensation has been negotiated, he or she shall cause to be presented to the board the responding licensee or applicant's proposed stipulations of fact, conclusions of law and a proposed order of informal dispensation signed by the licensee or applicant. The proposed order shall include a line for the signature of an officer of the board and shall become effective upon being accepted by the board, signed by an officer and filed of record.(3)
If the board rejects an offer of informal dispensation, the parties shall not be bound by the proposed stipulations, they shall be inadmissible as evidence pursuant to KRE 408, and the matter shall continue to proceed, provided, however, that further informal negotiations may be conducted and subsequent offers of informal dispensation may be presented to the board. Rejection shall not be taken as a finding or determination of any kind on behalf of the board and no orders or other pleadings shall be filed of record in regard to any rejected proposal.(4)
Oral or Written Presentation. The board may allow oral or written presentation before the board in regard to any offer of informal dispensation. Oral presentations shall not be recorded and written presentations shall not be filed of record or included in the board's minutes. All oral and written presentations shall be heard and considered in closed session.Section 4.
Disciplinary Proceedings.(1)
A disciplinary proceeding shall be heard by a hearing officer, who shall be an assistant attorney general or an attorney appointed by the board in accordance with KRS 13B.030 and 13B.040.(2)
The licensee or applicant shall file with the board a written answer to the specific allegations contained in the notice of charges within twenty (20) days of receipt of the charges. An allegation not properly answered shall be deemed admitted. Failure to file an answer shall be considered a violation of KRS 323A.110(9) and may result in the issuance of a default order pursuant to KRS 13B.080(6). The hearing officer shall for good cause permit the late filing of an answer.(3)
The board prosecuting attorney shall be empowered to request the attendance of any licensee or applicant at an administrative hearing conducted pursuant to KRS 13B.080.(4)
The failure, without good cause, of any licensee or applicant to attend an administrative hearing when requested shall be considered a violation of KRS 323A.110(9).(5)
The hearing shall be transcribed by a court stenographer or video recorded.(6)
If a final order is issued by the board in accordance with KRS 13B.120, or if an agreed order is issued subsequent to the filing of a notice of hearing and statement of charges pursuant to KRS 13B.050 the board may impose the following actual costs as a component of the administrative fine authorized by KRS 323A.110, provided the total fine does not exceed $10,000 per violation:(a)
The cost of stenographic services;(b)
The cost of the hearing officer;(c)
Expert witness costs, including travel;(d)
Travel for other witnesses, at the rates specified at 200 KAR 2:006 Sections 5-7;(e)
Document reproduction costs; and(f)
The cost of a certified copy of laboratory testing records The foregoing actual costs shall be demonstrated through the provision of actual receipts or invoices.Section 5.
The executive director or designee shall notify the complainant and the person against whom the complaint was made of the final disposition of the case.GARY WOLNITZEK, ChairpersonAPPROVED BY AGENCY: May 20, 2025
FILED WITH LRC: August 15, 2025 at 9:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 22, 2025 at 10:00 a.m. at the Kentucky Board of Landscape Architects, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Individuals interested in being heard at this hearing shall notify this agency in writing by October 15, 2025, five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Morgan G. Ransdell, Board Attorney, Kentucky Board of Landscape Architects, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422; phone (502) 665-9600, email Morgan.Ransdell@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Morgan G. Ransdell
Subject Headings:
Boards and Commissions, Landscape Architects, Occupations and Professions
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the agency investigative and discipline process.
(b) The necessity of this administrative regulation:
KRS 323A.110 sets disciplinary standards for landscape architects, and KRS 323A.120 identifies the due process mechanism for disciplinary proceedings. This regulation is needed to provide processes that complement the administrative hearing process set forth in KRS Chapter 13B. The implementation of investigation and discipline processes is called for in KRS 13A.100(5).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 323A.210(2)(a) authorizes the board to promulgate administrative regulations to carry into effect the disciplinary process for the public protection purpose stated in KRS 323A.020.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The investigation and discipline process established in this regulation complement the hearing process set forth in KRS Chapter 13B, and ensures all persons are apprised of applicable procedures.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The 347 licensees subject to the Board’s regulatory authority, and future applicants.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Licensees and applicants will be required to respond to complaints and notice of hearing statement of charges, and to participate in the agency investigation of complaints.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The regulation does not alter existing costs associated with disciplinary proceedings; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with discipline standards and disciplinary procedures is necessary to avoid administrative fines, practice restrictions, probation, reprimand, suspension, or revocation. The establishment of disciplinary procedures conforms to KRS 13A.100(5), and protects the integrity of the landscape architect profession.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no monetary costs associated with the implementation of the regulation, as discipline standards have been in place and have been implemented without interruption since the initial creation of the agency, albeit without publication of applicable procedures.
(b) On a continuing basis:
There are no monetary costs associated with the implementation of the regulation, either initially or on an ongoing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Agency funds.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fee increase or funding is required.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not.
(10) TIERING: Is tiering applied?
Tiering is not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
323A.110, 323A.120, 323A.210(2)(b).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 323A.210(2)(b) authorizes the agency to adopt all reasonable administrative regulations consistent with this chapter that are necessary to carry into effect the purposes of this chapter.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Landscape Architects. (b)
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
The amendment will not impact agency expenditures.
For subsequent years:
The amendment will not impact agency expenditures.
2. Revenues:
For the first year:
The amendment will not impact agency revenues.
For subsequent years:
The amendment will not impact agency revenues.
3. Cost Savings:
For the first year:
The amendment will not impact agency cost savings.
For subsequent years:
The amendment will not impact agency cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Licensure applicants and licensees.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
The regulation does not alter the amount of the administrative fine that may be imposed as a disciplinary sanction upon a finding that a licensee or applicant has violated KRS Chapter 323A or 201 KAR Chapter 10; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
For subsequent years:
The regulation does not alter the amount of the administrative fine that may be imposed as a disciplinary sanction upon a finding that a licensee or applicant has violated KRS Chapter 323A or 201 KAR Chapter 10; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
2. Revenues:
For the first year:
The regulation will not impact the revenues of licensure applicants and licensees.
For subsequent years:
The regulation will not impact the revenues of licensure applicants and licensees.
3. Cost Savings:
For the first year:
The regulation will not result in cost savings for licensure applicants and licensees.
For subsequent years:
The regulation will not result in cost savings for licensure applicants and licensees.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
None. The amendment will have no fiscal impact.
(b) Methodology and resources used to reach this conclusion:
None.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not have a major economic impact as it relates to the entities identified in (3)(a), (4)(a), and (5)(a)
(b) The methodology and resources used to reach this conclusion:
None.
BOARDS AND COMMISSIONS
Board of Landscape Architects
(New Administrative Regulation)
201 KAR 10:090.Investigation and discipline process.
Section 1.
Reception of Complaints; Investigations.(1)
A complaint may be submitted by any individual, organization, or entity.(2)
A complaint shall be in writing, and shall allege acts that may be in violation of the provisions of KRS Chapter 323A or 201 KAR Chapter 10 by the named licensee, applicant, or unlicensed individual against whom the complaint was made.(3)
Excluding agency-initiated complaints and anonymous complaints, the complaint shall be signed by the person offering the complaint, and the board shall notify a complainant in writing of the receipt of the complaint.(4)
If the board receives an anonymous complaint, an investigation shall be conducted if the complaint is accompanied by sufficient corroborating evidence, or if such evidence is readily available, as would allow the board to believe, based upon a totality of the circumstances, that a reasonable probability exists that the complaint is meritorious.(5)
The chairperson of the board, the executive director or designee shall file an agency-initiated complaint based upon information received by oral, telephone, or written communications if the facts of the complaint are found to be accurate and indicate acts that may be in violation of the provisions of KRS Chapter 323A or 201 KAR Chapter 10.(6)
The executive director shall have the authority to direct any investigation and shall possess any and all powers possessed by the board in regard to investigations.(7)
The executive director shall further be empowered to order the attendance of any licensee or applicant at an investigative meeting regarding any complaint or consideration of any disciplinary matter.(8)
The failure, without good cause, of any licensee or applicant to attend an investigative meeting when requested shall be considered a violation of KRS 323A.110(9).(9)
The executive director shall have the authority to delegate investigative functions to other agency staff.(10)
Excluding a self-report complaint or an application that discloses a violation of KRS Chapter 323A or 201 KAR Chapter 10, if the complaint establishes a potential violation, the board shall send a copy of the complaint to the licensee or applicant to the address of record by United States Postal Service regular mail. If the board is aware of the person's email address, it may send a copy by email as well.(11)
A written, legible, verified response shall be filed with the board within thirty (30) days of issuance of the complaint to the licensee or applicant.(12)
The failure, without good cause, of any licensee or applicant to file a written, legible, verified response when due shall be considered a violation of KRS 323A.110(9) and an admission of the allegations stated in the complaint.(13)
All preliminary information shall be treated as confidential during the investigation and shall not be disclosed to board members or to the public, except during board review of case information in closed session when making a finding of probable cause or no probable cause.(14)
If a board member has participated in the investigation or has substantial knowledge of facts prior to a hearing on the complaint that may influence an impartial decision by the member, that member shall not participate in the probable cause finding or the deliberations or decision-making conducted pursuant to KRS 13B.120.(15)
Each complaint shall be investigated as necessary and as promptly as possible, and presented to the board for review and a finding of probable cause or no probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred, which shall be determined on a majority vote of a quorum of the board and recorded in the minutes.(16)
If the board determines that there is no probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred, there shall not be further action unless warranted by further evidence, and the board shall notify the complaining party and the individual of the no probable cause finding.(17)
Upon a board determination that there is probable cause to believe a violation of KRS Chapter 323A or 201 KAR Chapter 10 has occurred the board may proceed with either or both of the following options:(a)
A notice of hearing and statement of charges may be issued pursuant to KRS 13B.050, and an administrative hearing may be scheduled pursuant to KRS Chapter 13B; or(b)
An agreed order may be offered pursuant to Section 3 of this administrative regulation.Section 2.
Noncompliance with Final Order or Agreed Order Terms.(1)
The chairperson of the board, the executive director or designee may investigate as needed, using any of the methods available in Section 1 of this administrative regulation, to monitor an individual's compliance with the terms of an agreed order or a final order entered by the board pursuant to KRS Chapter 13B.(2)
A written notice shall be sent by the board to any individual who has violated the terms of an agreed order or a final order entered by the board pursuant to KRS Chapter 13B by mailing a copy to the individual's address of record by United States Postal Service regular mail. If the board is aware of the person's email address, it may send a copy by email as well.(3)
The written notice issued in accordance with this section shall specify the sanctions and any other remedial action sought by the board as a consequence of the individual's noncompliance.(4)
The individual to whom the notice specified in subsection (3) of this section is sent shall file with the board, within thirty (30) days of issuance of the notice, a written, legible, verified response.(5)
The failure, without good cause, to file a written, legible, verified response when due shall be considered a violation of KRS 323A.110(9), an admission of noncompliance, and an acceptance of the sanctions and remedial actions stated in the notice specified in subsection (3) of this section. The board shall give notice of the imposition of such sanctions and remedial actions by transmitting a written notice of final disposition to the individual or the individual's attorney of record in the same manner as provided in KRS 13B.050.(6)
Upon the receipt of a written, legible, verified response to a notice of noncompliance, the executive director shall be authorized to sign a notice of hearing and statement of charges, and shall have the option proceeding in accordance with either or both Sections 3 or 4 of this administrative regulation.Section 3.
Informal Proceedings.(1)
At any time subsequent to the issuance of a complaint to a licensee or applicant, or a notice of noncompliance pursuant to Section 2 of this administrative regulation, the executive director or designee shall have the authority and the complete discretion to negotiate with the licensee or applicant concerning proposed stipulations of fact, conclusions of law, and proposed discipline. The executive director shall also have discretion to reject any or all offers of informal dispensation and may commence informal proceedings on his or her own initiative.(2)
Whenever the executive director or designee believes that an appropriate proposed informal dispensation has been negotiated, he or she shall cause to be presented to the board the responding licensee or applicant's proposed stipulations of fact, conclusions of law and a proposed order of informal dispensation signed by the licensee or applicant. The proposed order shall include a line for the signature of an officer of the board and shall become effective upon being accepted by the board, signed by an officer and filed of record.(3)
If the board rejects an offer of informal dispensation, the parties shall not be bound by the proposed stipulations, they shall be inadmissible as evidence pursuant to KRE 408, and the matter shall continue to proceed, provided, however, that further informal negotiations may be conducted and subsequent offers of informal dispensation may be presented to the board. Rejection shall not be taken as a finding or determination of any kind on behalf of the board and no orders or other pleadings shall be filed of record in regard to any rejected proposal.(4)
Oral or Written Presentation. The board may allow oral or written presentation before the board in regard to any offer of informal dispensation. Oral presentations shall not be recorded and written presentations shall not be filed of record or included in the board's minutes. All oral and written presentations shall be heard and considered in closed session.Section 4.
Disciplinary Proceedings.(1)
A disciplinary proceeding shall be heard by a hearing officer, who shall be an assistant attorney general or an attorney appointed by the board in accordance with KRS 13B.030 and 13B.040.(2)
The licensee or applicant shall file with the board a written answer to the specific allegations contained in the notice of charges within twenty (20) days of receipt of the charges. An allegation not properly answered shall be deemed admitted. Failure to file an answer shall be considered a violation of KRS 323A.110(9) and may result in the issuance of a default order pursuant to KRS 13B.080(6). The hearing officer shall for good cause permit the late filing of an answer.(3)
The board prosecuting attorney shall be empowered to request the attendance of any licensee or applicant at an administrative hearing conducted pursuant to KRS 13B.080.(4)
The failure, without good cause, of any licensee or applicant to attend an administrative hearing when requested shall be considered a violation of KRS 323A.110(9).(5)
The hearing shall be transcribed by a court stenographer or video recorded.(6)
If a final order is issued by the board in accordance with KRS 13B.120, or if an agreed order is issued subsequent to the filing of a notice of hearing and statement of charges pursuant to KRS 13B.050 the board may impose the following actual costs as a component of the administrative fine authorized by KRS 323A.110, provided the total fine does not exceed $10,000 per violation:(a)
The cost of stenographic services;(b)
The cost of the hearing officer;(c)
Expert witness costs, including travel;(d)
Travel for other witnesses, at the rates specified at 200 KAR 2:006 Sections 5-7;(e)
Document reproduction costs; and(f)
The cost of a certified copy of laboratory testing records The foregoing actual costs shall be demonstrated through the provision of actual receipts or invoices.Section 5.
The executive director or designee shall notify the complainant and the person against whom the complaint was made of the final disposition of the case.GARY WOLNITZEK, ChairpersonAPPROVED BY AGENCY: May 20, 2025
FILED WITH LRC: August 15, 2025 at 9:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 22, 2025 at 10:00 a.m. at the Kentucky Board of Landscape Architects, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Individuals interested in being heard at this hearing shall notify this agency in writing by October 15, 2025, five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Morgan G. Ransdell, Board Attorney, Kentucky Board of Landscape Architects, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422; phone (502) 665-9600, email Morgan.Ransdell@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Morgan G. Ransdell
Subject Headings:
Boards and Commissions, Landscape Architects, Occupations and Professions
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the agency investigative and discipline process.
(b) The necessity of this administrative regulation:
KRS 323A.110 sets disciplinary standards for landscape architects, and KRS 323A.120 identifies the due process mechanism for disciplinary proceedings. This regulation is needed to provide processes that complement the administrative hearing process set forth in KRS Chapter 13B. The implementation of investigation and discipline processes is called for in KRS 13A.100(5).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 323A.210(2)(a) authorizes the board to promulgate administrative regulations to carry into effect the disciplinary process for the public protection purpose stated in KRS 323A.020.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The investigation and discipline process established in this regulation complement the hearing process set forth in KRS Chapter 13B, and ensures all persons are apprised of applicable procedures.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The 347 licensees subject to the Board’s regulatory authority, and future applicants.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Licensees and applicants will be required to respond to complaints and notice of hearing statement of charges, and to participate in the agency investigation of complaints.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The regulation does not alter existing costs associated with disciplinary proceedings; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with discipline standards and disciplinary procedures is necessary to avoid administrative fines, practice restrictions, probation, reprimand, suspension, or revocation. The establishment of disciplinary procedures conforms to KRS 13A.100(5), and protects the integrity of the landscape architect profession.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no monetary costs associated with the implementation of the regulation, as discipline standards have been in place and have been implemented without interruption since the initial creation of the agency, albeit without publication of applicable procedures.
(b) On a continuing basis:
There are no monetary costs associated with the implementation of the regulation, either initially or on an ongoing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Agency funds.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fee increase or funding is required.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not.
(10) TIERING: Is tiering applied?
Tiering is not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
323A.110, 323A.120, 323A.210(2)(b).
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 323A.210(2)(b) authorizes the agency to adopt all reasonable administrative regulations consistent with this chapter that are necessary to carry into effect the purposes of this chapter.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Landscape Architects. (b)
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
The amendment will not impact agency expenditures.
For subsequent years:
The amendment will not impact agency expenditures.
2. Revenues:
For the first year:
The amendment will not impact agency revenues.
For subsequent years:
The amendment will not impact agency revenues.
3. Cost Savings:
For the first year:
The amendment will not impact agency cost savings.
For subsequent years:
The amendment will not impact agency cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Licensure applicants and licensees.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
The regulation does not alter the amount of the administrative fine that may be imposed as a disciplinary sanction upon a finding that a licensee or applicant has violated KRS Chapter 323A or 201 KAR Chapter 10; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
For subsequent years:
The regulation does not alter the amount of the administrative fine that may be imposed as a disciplinary sanction upon a finding that a licensee or applicant has violated KRS Chapter 323A or 201 KAR Chapter 10; however, a respondent who is found to have violated KRS Chapter 323A or 201 KAR Chapter 10 may be required to pay the actual litigation costs incurred by the agency, as a component of the administrative fine authorized by KRS 323A.110.
2. Revenues:
For the first year:
The regulation will not impact the revenues of licensure applicants and licensees.
For subsequent years:
The regulation will not impact the revenues of licensure applicants and licensees.
3. Cost Savings:
For the first year:
The regulation will not result in cost savings for licensure applicants and licensees.
For subsequent years:
The regulation will not result in cost savings for licensure applicants and licensees.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
None. The amendment will have no fiscal impact.
(b) Methodology and resources used to reach this conclusion:
None.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not have a major economic impact as it relates to the entities identified in (3)(a), (4)(a), and (5)(a)
(b) The methodology and resources used to reach this conclusion:
None.