Title 201 | Chapter 025 | Regulation 100REG
PROPOSED
This document is not yet current.
BOARDS AND COMMISSIONS
Board of Podiatry
(New Administrative Regulation)
201 KAR 25:100.Administrative hearings for denials, discipline, and revocation of probation.
Section 1.
Right of administrative hearing from a denial of license issuance or a refusal to renew a license.(1)
The board shall issue written notice of the denial informing the applicant:(a)
Of the specific reason for the board's action, including:1.
The statutory or regulatory violation; and2.
The factual basis on which the denial is based; and(b)
That the applicant may appeal the pending denial to the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed.(2)
A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day the applicant receives notice, or the date that the notification is returned to the board as unclaimed. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.(3)
If the request for an appeal is not timely filed, the notice of denial shall be effective upon the expiration of the time for the applicant or license holder to request an appeal.(4)
The documentary evidence shall be limited to the application and supporting documents submitted to the board during the application process and that was considered as part of the denial of the application.(5)
A renewal applicant may petition the board, in writing, for a stay of the denial of the license until completion of the administrative hearing process.Section 2.
Administrative hearing for suspension, revocation, probation, or fine.(1)
All administrative hearings for the board's suspension, revocation, probation, or for the imposition of a fine upon a license, shall be conducted in accordance with KRS Chapter 13B.(2)
The board shall prepare a formal administrative complaint and notice of administrative hearing in accordance with KRS Chapter 13B.Section 3.
Revocation of Probation.(1)
If the board moves to revoke probation, the board shall issue written notice of the revocation and inform the probationee:(a)
Of the factual basis on which the revocation is based;(b)
Of each probation term violated;(c)
Of the sanction to be imposed; and(d)
That the probationee may appeal the revocation to the board within twenty (20) calendar days after receipt of this notification, excluding the day notice is received, or the date that the notification is returned to the board as unclaimed. The notification shall be sent to the last known address on file with the board for the license holder.(2)
A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day the probationee receives notice, or the date that the notification is returned to the board as unclaimed. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.(3)
If the request for an administrative hearing is not timely filed, the revocation of probation shall be effective upon the expiration date for the certificate holder to request an appeal.Section 4.
A request for an administrative hearing shall be sent to the Kentucky Board of Podiatry by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 500 Mero Street, Frankfort, Kentucky 40601.Section 5.
An administrative hearing shall be governed in accordance with KRS Chapter 13B.Section 6.
If the final order of the board is adverse to a licensee or applicant, or if the hearing is scheduled at the request of a licensee or applicant for relief from sanctions previously imposed by the board, the costs in an amount equal to the cost of stenographic services, the cost of the hearing officer, and the board's attorney fees may be assessed against the licensee or applicant. In a case of financial hardship, the board may waive all or part of the fee.DR PAUL KRESTIK, President
APPROVED BY AGENCY: September 10, 2026
FILED WITH LRC: September 11, 2026 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 23, 2026, at 9AM, at the Mayo-Underwood Building, Room 206NW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) 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 November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Name: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services Address: 500 Mero Street, 2 NC WK#2 Phone Number: (502) 782-2709 (office) Fax: (502) 564-4818 Email: Sara.Janes@ky.gov Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Janes Phone: 502-782-2709 Email: sara.janes@ky.gov
Subject Headings:
Podiatry and Pedorthics, Administrative Hearings, Appeals and Hearings
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for a denial of, or refusal to renew, a license, or for the suspension, revocation, probation, or fine, or the revocation of a probated sanction. The regulation sets out the scope of what a hearing officer may consider upon appeal of such a decision. The regulation imposes costs on an individual who fails to reverse the decision of the board on a denial of, refusal to renew, or revocation of a probated sanction.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish and put an applicant or licensee on notice of due process procedures relating to an appeal.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms with KRS 311.410(4) and 311.420(6) authorize the board to make rules and regulations, not inconsistent with KRS 311.390 to 311.510, as may be necessary to implement and carry out the provisions and purposes of KRS 311.390 to 311.510; and KRS 311.490(1) provides for discipline by the board only after a hearing conducted in accordance with KRS Chapter 13B.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes and clarifies the procedure and requirements for the denial of applicants for licensure and renewal, and revocation of probation.
(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:
This regulation will affect an unknown number of potential applicants for licensure or renewal of licensure.
(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:
Each of the regulated entities must file an appeal of a contested denial for licensure or renewal, or the board’s decision to revoke probation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost unless the regulated entity decides to hire outside counsel for the appeal. However, it is anticipated that board counsel will represent the board in these appeals.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of compliance with the amendment, the applicants will understand what is needed for an appeal in the event of a licensure or relicensure denial.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Kentucky Board of Podiatry is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(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 increases in fees or funding are necessary to implement the amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS Chapter 311, and particularly KRS 311.410(4), KRS 311.420(4) and KRS 311.490.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Podiatry.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
Neutral
For subsequent years:
Neutral
2. Revenues:
For the first year:
Neutral
For subsequent years:
Neutral
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(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:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(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:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(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 an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
BOARDS AND COMMISSIONS
Board of Podiatry
(New Administrative Regulation)
201 KAR 25:100.Administrative hearings for denials, discipline, and revocation of probation.
Section 1.
Right of administrative hearing from a denial of license issuance or a refusal to renew a license.(1)
The board shall issue written notice of the denial informing the applicant:(a)
Of the specific reason for the board's action, including:1.
The statutory or regulatory violation; and2.
The factual basis on which the denial is based; and(b)
That the applicant may appeal the pending denial to the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed.(2)
A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day the applicant receives notice, or the date that the notification is returned to the board as unclaimed. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.(3)
If the request for an appeal is not timely filed, the notice of denial shall be effective upon the expiration of the time for the applicant or license holder to request an appeal.(4)
The documentary evidence shall be limited to the application and supporting documents submitted to the board during the application process and that was considered as part of the denial of the application.(5)
A renewal applicant may petition the board, in writing, for a stay of the denial of the license until completion of the administrative hearing process.Section 2.
Administrative hearing for suspension, revocation, probation, or fine.(1)
All administrative hearings for the board's suspension, revocation, probation, or for the imposition of a fine upon a license, shall be conducted in accordance with KRS Chapter 13B.(2)
The board shall prepare a formal administrative complaint and notice of administrative hearing in accordance with KRS Chapter 13B.Section 3.
Revocation of Probation.(1)
If the board moves to revoke probation, the board shall issue written notice of the revocation and inform the probationee:(a)
Of the factual basis on which the revocation is based;(b)
Of each probation term violated;(c)
Of the sanction to be imposed; and(d)
That the probationee may appeal the revocation to the board within twenty (20) calendar days after receipt of this notification, excluding the day notice is received, or the date that the notification is returned to the board as unclaimed. The notification shall be sent to the last known address on file with the board for the license holder.(2)
A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day the probationee receives notice, or the date that the notification is returned to the board as unclaimed. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.(3)
If the request for an administrative hearing is not timely filed, the revocation of probation shall be effective upon the expiration date for the certificate holder to request an appeal.Section 4.
A request for an administrative hearing shall be sent to the Kentucky Board of Podiatry by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 500 Mero Street, Frankfort, Kentucky 40601.Section 5.
An administrative hearing shall be governed in accordance with KRS Chapter 13B.Section 6.
If the final order of the board is adverse to a licensee or applicant, or if the hearing is scheduled at the request of a licensee or applicant for relief from sanctions previously imposed by the board, the costs in an amount equal to the cost of stenographic services, the cost of the hearing officer, and the board's attorney fees may be assessed against the licensee or applicant. In a case of financial hardship, the board may waive all or part of the fee.DR PAUL KRESTIK, President
APPROVED BY AGENCY: September 10, 2026
FILED WITH LRC: September 11, 2026 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 23, 2026, at 9AM, at the Mayo-Underwood Building, Room 206NW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) 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 November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Name: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services Address: 500 Mero Street, 2 NC WK#2 Phone Number: (502) 782-2709 (office) Fax: (502) 564-4818 Email: Sara.Janes@ky.gov Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Janes Phone: 502-782-2709 Email: sara.janes@ky.gov
Subject Headings:
Podiatry and Pedorthics, Administrative Hearings, Appeals and Hearings
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for a denial of, or refusal to renew, a license, or for the suspension, revocation, probation, or fine, or the revocation of a probated sanction. The regulation sets out the scope of what a hearing officer may consider upon appeal of such a decision. The regulation imposes costs on an individual who fails to reverse the decision of the board on a denial of, refusal to renew, or revocation of a probated sanction.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish and put an applicant or licensee on notice of due process procedures relating to an appeal.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms with KRS 311.410(4) and 311.420(6) authorize the board to make rules and regulations, not inconsistent with KRS 311.390 to 311.510, as may be necessary to implement and carry out the provisions and purposes of KRS 311.390 to 311.510; and KRS 311.490(1) provides for discipline by the board only after a hearing conducted in accordance with KRS Chapter 13B.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes and clarifies the procedure and requirements for the denial of applicants for licensure and renewal, and revocation of probation.
(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:
This regulation will affect an unknown number of potential applicants for licensure or renewal of licensure.
(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:
Each of the regulated entities must file an appeal of a contested denial for licensure or renewal, or the board’s decision to revoke probation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost unless the regulated entity decides to hire outside counsel for the appeal. However, it is anticipated that board counsel will represent the board in these appeals.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As a result of compliance with the amendment, the applicants will understand what is needed for an appeal in the event of a licensure or relicensure denial.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Kentucky Board of Podiatry is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(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 increases in fees or funding are necessary to implement the amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS Chapter 311, and particularly KRS 311.410(4), KRS 311.420(4) and KRS 311.490.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Podiatry.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
Neutral
For subsequent years:
Neutral
2. Revenues:
For the first year:
Neutral
For subsequent years:
Neutral
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(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:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(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:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(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 an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.