PROPOSED

This document is not yet current.

PREVIOUS VERSION

The previous document that this document is based upon is available.

View Previous Version

BOARDS AND COMMISSIONS

Board of Cosmetology

(Amended at ARRS Committee)

201 KAR 12:190.Complaint and disciplinary process.

RELATES TO:

KRS 317A.070, 317A.140, 317A.145

STATUTORY AUTHORITY:

KRS 317A.060, ~~317.070,~~ 317A.145

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with 2025 RS HB 6, Section 8.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 317A.060 requires the Board of Cosmetology to promulgate administrative regulations concerning the course and conduct of various licensees under its jurisdiction. KRS 317A.145 requires~~authorizes~~ the board to promulgate administrative regulations necessary for the administration of KRS 317A.145, relating to the investigation of~~investigate~~ complaints and, if~~where~~ appropriate, the taking of~~take~~ disciplinary action for violations of KRS Chapter 317A and the administrative regulations promulgated by the board. KRS 317A.070 requires the board to hold hearings to review the board's decision upon the request of any licensee or applicant affected by the board's decision to refuse to issue or renew a license or permit, or to take disciplinary action against a license or permit. This administrative regulation establishes the board's complaint and disciplinary process.

Section 1.

Definitions.

(1)

"Complaint" means any signed writing received or initiated by the board alleging conduct by an individual or entity that may constitute a violation of KRS Chapter 317A or 201 KAR Chapter 12.

(2)

"Respondent" means the person or entity against whom a complaint has been made.

Section 2.

Complaint Committee. The board may appoint a committee of at least~~no more than~~ two (2) board members to review complaints, initiate investigations, participate in informal proceedings to resolve complaints, and make recommendations to the board for disposition of complaints. The board staff and board counsel may assist the committee but shall not be:~~are not~~

(1)

Considered members of the committee.~~, nor shall staff or counsel be~~

(2)

Permitted to cast votes during the committee meetings.

Section 3.

. Complaint Procedures.

(1)

Complaints shall:

(a)

1.

Be submitted on the board's Complaint Form;,

2.

Be signed by the person making the complaint;, and

3.

Describe with sufficient detail the alleged violation~~violation(s)~~ of KRS Chapter 317A, or 201 KAR Chapter 12.

(b)

Anonymous complaints shall~~will~~ not be accepted. The Complaint Form shall be made available on the board's Web site at https://secure.kentucky.gov/formservices/KBHC/ComplaintForm~~http://kbc.ky.gov~~.

(2)

A copy of the complaint shall be provided to the respondent. The respondent shall have thirty (30)~~ten (10)~~ calendar days from the date of receipt to submit a written response. ~~The complaints committee or the executive director may extend these timelines as appropriate.~~

(3)

The complaint committee may~~shall~~ meet at regular intervals as determined by the board.~~A complaint and any written response shall arrive ten (10) days prior to the meeting to meet the deadline for making a recommendation to the board.~~ At its meetings, the complaint committee shall review the complaint, the response, and any other relevant information or material available, and may recommend that the board:

(a)

Dismiss the complaint;

(b)

Order further investigation;

(c)

Issue a written admonishment for a minor violation; ~~or]~~

(d)

Issue a notice of disciplinary action informing the respondent of:

1.

Any statute~~The statute(s)~~ or administrative regulation~~regulation(s)~~ violated;

2.

The factual basis for the disciplinary action;

3.

The penalty to be imposed; and

4.

The licensee's or permittee's right to request a hearing; or.

(e)

Refer the matter to the full board for its consideration.

(4)

If~~Should~~ the complaint committee cannot~~be unable to~~ agree on a recommendation, the matter shall be forwarded to the full board for its consideration.

(5)(4)

A written admonishment shall not be considered disciplinary action by the board, but it may be considered in any subsequent disciplinary action against the licensee or permittee. A copy of the written admonishment shall be placed in the licensee or permittee's file at the board office.

(6)(5)

If the board determines that a person or entity is engaged in the unlicensed practice of cosmetology, esthetics practices, or nail technology, the board may:

(a)

Issue to the person or entity a written request to voluntarily cease the unlicensed activity; or

(b)

Seek injunctive relief in a court of competent jurisdiction pursuant to KRS 317A.020(7).

(7)(6)

To ensure an impartial decision, a board member shall disqualify himself from participating in the adjudication of a complaint if the board member has:

(a)

Participated in the investigation of a complaint; or

(a)

Substantial personal knowledge of facts concerning the complaint.Any board member who has participated in the investigation of a complaint or who has substantial personal knowledge of facts concerning the complaint, which could influence an impartial decision, shall disqualify himself or herself from participating in the adjudication of the complaint.

Section 4.

Settlement by Informal Proceedings.

(1)

At any time during this process, the board, through its complaints committee or counsel, may~~, at any time during this process,~~ resolve the matter through informal means, including an agreed order of settlement or mediation.

(2)

An agreed order or settlement reached through this process shall be approved by the board and signed by the respondent and board chair, or the chair's designee.

Section 5.

Hearings.

(1)

A written request made by the respondent for a hearing shall be filed with the board within thirty (30) calendar days of the date of the board's notice that it intends to:

(a)

Refuse to issue or renew a license or permit;~~, to~~

(b)

Deny, suspend, probate, or revoke a license or permit; or, ~~or to~~

(c)

Impose discipline on a licensee or permittee.

(2)

If no request for a hearing is filed, the board's refusal to issue or renew a license or permit, or the board's notice of disciplinary action, shall become effective upon the expiration of the time to request a hearing.

Section 6.

Incorporation by Reference.

(1)

"Complaint Form", March 2025,~~July 2022,~~ is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of Cosmetology, 1049 US Hwy 127 S. Annex #2, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or on the board's Web site at https://secure.kentucky.gov/formservices/KBHC/ComplaintForm~~http://kbc.ky.gov~~.

FILED WITH LRC: August 12, 2025

CONTACT PERSON: Joni Upchurch, Executive Director, 1049 US-HWY 127, Annex #2, Frankfort, Kentucky 40601, (502) 564-4262, email joni.upchurch@ky.gov.

BOARDS AND COMMISSIONS

Board of Cosmetology

(Amended at ARRS Committee)

201 KAR 12:190.Complaint and disciplinary process.

RELATES TO:

KRS 317A.070, 317A.140, 317A.145

STATUTORY AUTHORITY:

KRS 317A.060, 317A.145

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with 2025 RS HB 6, Section 8.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 317A.060 requires the Board of Cosmetology to promulgate administrative regulations concerning the course and conduct of various licensees under its jurisdiction. KRS 317A.145 requires the board to promulgate administrative regulations necessary for the administration of KRS 317A.145, relating to the investigation of complaints and, if appropriate, the taking of disciplinary action for violations of KRS Chapter 317A and the administrative regulations promulgated by the board. KRS 317A.070 requires the board to hold hearings to review the board's decision upon the request of any licensee or applicant affected by the board's decision to refuse to issue or renew a license or permit, or to take disciplinary action against a license or permit. This administrative regulation establishes the board's complaint and disciplinary process.

Section 1.

Definitions.

(1)

"Complaint" means any signed writing received or initiated by the board alleging conduct by an individual or entity that may constitute a violation of KRS Chapter 317A or 201 KAR Chapter 12.

(2)

"Respondent" means the person or entity against whom a complaint has been made.

Section 2.

Complaint Committee. The board may appoint a committee of at least two (2) board members to review complaints, initiate investigations, participate in informal proceedings to resolve complaints, and make recommendations to the board for disposition of complaints. The board staff and board counsel may assist the committee but shall not be:

(1)

Considered members of the committee.

(2)

Permitted to cast votes during the committee meetings.

Section 3.

Complaint Procedures.

(1)

Complaints shall:

(a)

1.

Be submitted on the board's Complaint Form;

2.

Be signed by the person making the complaint; and

3.

Describe with sufficient detail the alleged violation of KRS Chapter 317A or 201 KAR Chapter 12.

(b)

Anonymous complaints shall not be accepted. The Complaint Form shall be made available on the board's Web site at https://secure.kentucky.gov/formservices/KBHC/ComplaintForm.

(2)

A copy of the complaint shall be provided to the respondent. The respondent shall have thirty (30) calendar days from the date of receipt to submit a written response.

(3)

The complaint committee may meet at regular intervals as determined by the board. At its meetings, the complaint committee shall review the complaint, the response, and any other relevant information or material available, and may recommend that the board:

(a)

Dismiss the complaint;

(b)

Order further investigation;

(c)

Issue a written admonishment for a minor violation;

(d)

Issue a notice of disciplinary action informing the respondent of:

1.

Any statute or administrative regulation violated;

2.

The factual basis for the disciplinary action;

3.

The penalty to be imposed; and

4.

The licensee's or permittee's right to request a hearing; or

(e)

Refer the matter to the full board for its consideration.

(4)

If the complaint committee cannot agree on a recommendation, the matter shall be forwarded to the full board for its consideration.

(5)

(6)

If the board determines that a person or entity is engaged in the unlicensed practice of cosmetology, esthetics practices, or nail technology, the board may:

(a)

Issue to the person or entity a written request to voluntarily cease the unlicensed activity; or

(b)

Seek injunctive relief in a court of competent jurisdiction pursuant to KRS 317A.020(7).

(7)

To ensure an impartial decision, a board member shall disqualify himself from participating in the adjudication of a complaint if the board member has:

(a)

Participated in the investigation of a complaint; or

(a)

Substantial personal knowledge of facts concerning the complaint.

Section 4.

Settlement by Informal Proceedings.

(1)

At any time during this process, the board, through its complaints committee or counsel, may resolve the matter through informal means, including an agreed order of settlement or mediation.

(2)

An agreed order or settlement reached through this process shall be approved by the board and signed by the respondent and board chair, or the chair's designee.

Section 5.

Hearings.

(1)

A written request made by the respondent for a hearing shall be filed with the board within thirty (30) calendar days of the date of the board's notice that it intends to:

(a)

Refuse to issue or renew a license or permit;

(b)

Deny, suspend, probate, or revoke a license or permit; or

(c)

Impose discipline on a licensee or permittee.

(2)

Section 6.

Incorporation by Reference.

(1)

"Complaint Form", March 2025, is incorporated by reference.

(2)

FILED WITH LRC: August 12, 2025

CONTACT PERSON: Joni Upchurch, Executive Director, 1049 US-HWY 127, Annex #2, Frankfort, Kentucky 40601, (502) 564-4262, email joni.upchurch@ky.gov.

Page Generated: 2/4/2025, 3:28:47 PM

Title 201 | Chapter 012 | Regulation 190REG

201 KAR 12:190.Complaint and disciplinary process.

RELATES TO:

STATUTORY AUTHORITY:

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

Section 2.

(1)

(2)

Section 3.

(1)

(a)

1.

2.

3.

(b)

(2)

(3)

(a)

(b)

(c)

(d)

1.

2.

3.

4.

(e)

(4)

(5)(4)

(6)(5)

(a)

(b)

(7)(6)

(a)

(a)

Section 4.

(1)

(2)

Section 5.

(1)

(a)

(b)

(c)

(2)

Section 6.

(1)

(2)

201 KAR 12:190.Complaint and disciplinary process.

RELATES TO:

STATUTORY AUTHORITY:

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

Section 2.

(1)

(2)

Section 3.

(1)

(a)

1.

2.

3.

(b)

(2)

(3)

(a)

(b)

(c)

(d)

1.

2.

3.

4.

(e)

(4)