Title 201 | Chapter 016 | Regulation 612REG


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BOARDS AND COMMISSIONS
Board of Veterinary Examiners
(Amended at ARRS Committee)

201 KAR 16:612.Notice to Comply (NC)(NOC) and Notice of Violation (NOV).

Section 1.

Notice to Comply (NC)(NOC).

(1)

The board, or an employee or agent of the board, may issue an NCa NOC to any person or business for violation of any provision of KRS Chapter 321 or 201 KAR Chapter 16administrative regulations promulgated by the board thereunder.

(2)

An NCA NOC may also be issued during an inspection to request additional information needed to determine compliance or as a notice to correct a minor violation found during the inspection. The failure to provide the information requested or to correct the violation within the time allotted may result in an NOVa notice of violation being issued.

(3)

An NCA NOC from the board shall contain the following items:

(a)

The name and address of the person or business to whom it is issued;

(b)

A description of any information that is being requested;

(c)

A citation to any statutory or regulatory requirement that has been or may have beenbe violated;

(d)

A description of the circumstances surrounding any violation or possible violation for which additional information is requested;

(e)

Measures required to comply with the NCNOC;

(f)

A reasonable time for compliance; and

(g)

Notice that failure to take required action may result in the issuance of an NOVa notice of violation;

(h)

Identification of the board's agent issuing the form; and

(i)

The date the NCNOC was issued.

(4)

An NCA notice to comply may be issued in tangible or electronic form.

Section 2.

Notice of Violation (NOV).

(1)

The board, or an employee or agent of the board, may issue ana NOV to any person for violation of any provision of KRS Chapter 321 or 201 KAR Chapter 16administrative regulations promulgated by the board thereunder.

(2)

AnA NOV establishes that a violation of statute or administrative regulation exists and that a business or person is operating in violation of the law and is subject to penalty pursuant to KRS Chapter 321.

(3)

Each day or part of a day that a violation continues is a separate violation subject to daily penalties.

(4)

AnA NOV from the board shall contain the following items:

(a)

The name and address of the person or business to whom it is issued;

(b)

The items listed in KRS 321.235(2)(h)A citation to the statutory or regulatory requirement or requirements that have been violated;

(c)

A description of the circumstances surrounding the violation or violations, set forth in common and concise language;

(d)

Measures required to correct each violation;

(e)

Notice that each day or part of a day that a violation continues is a separate violation;

(d)(f)

Notice of the penalty for the violation or violations for which the notice was issued;

(e)(g)

A reasonable time for correction, if the respondent cannot take measures to correct the violation immediately;

(h)

Identification of the board's agent issuing the notice; and

(f)(i)

Date the NOV was issued; and

(j)

Notice of rights of appeal.

(5)

An NOVA notice of violation may be issued in tangible or electronic form.

FILED WITH LRC: December 9, 2024
CONTACT PERSON: Michelle M. Shane, Executive Director, Kentucky Board of Veterinary Examiners, 4047 Iron Works Parkway, Suite 104, Lexington, Kentucky 40511, phone 502-564-5433, fax 502-753-1458, email Michelle.Shane@ky.gov.

7-Year Expiration: 9/24/2031

Last Updated: 12/18/2024


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