PROPOSED

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BOARDS AND COMMISSIONS

Board of Alcohol and Drug Counselors

(New Administrative Regulation)

201 KAR 35:091.Appeal from a denial of or refusal to renew or reinstate a registration, certificate, or license, or denial of continuing education hours by the board.

RELATES TO:

KRS 13B, 309.085, 309.086, 309.087

STATUTORY AUTHORITY:

KRS 309.0813(1), (6)

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 309.0813(1) and (6) require the Board of Alcohol and Drug Counselors to promulgate administrative regulations concerning denial, suspension, failure to reissue, or revocation of a license, certificate, or registration. This administrative regulation establishes procedures for appealing the board's refusal to issue, renew, or reinstate a registration, certificate, or license or deny continuing education hours.

Section 1.

The board may, in accordance with KRS 309.086:

(1)

Deny issuance of a registration, certificate, or license;

(2)

Refuse to renew a registration, certificate, or license; or

(3)

Refuse to reinstate a registration, certificate, or license.

Section 2. (1)

The board may deny, refuse to renew, or refuse to reinstate a registration, certificate, or license to an applicant or credential holder, who violates the provisions of KRS 309.086(1).

(2)

For purposes of this section:

(a)

A conviction shall include a plea of guilty, an Alford plea, or a trial conviction of a felony or misdemeanor; and

(b)

Disregarding professional standards of practice, or violating the Code of Ethics in KRS 309.086(1)(d), shall include a disciplinary action taken against a professional license, certificate, registration, or permit held by the applicant or licensee in any jurisdiction or state, including Kentucky.

(3)

The board, upon full review of the record, shall base its decision on the seriousness of the offense or disciplinary action, the length of time since the offense or disciplinary action, and the applicant's or credential holder's showing of remorse, rehabilitation, and restitution by clear and convincing evidence.

Section 3. (1)

(a)

The board shall issue written notice of the denial or refusal and inform the applicant or credential holder of the specific reason for the board's action, including:

1.

The statutory or regulatory violation; and

2.

The factual basis on which the denial or refusal is based; and

(b)

The notice of denial or refusal shall be sent to the last address provided to the board by the applicant or credential holder.

(2)

A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days of the date of the board's notice.

(3)

If the request for an administrative hearing is not timely filed, the denial or refusal shall be effective upon the expiration of the time for the credential holder to request an appeal.

(4)

The administrative hearing shall be conducted in accordance with KRS Chapter 13B.

(5)

A credential holder may petition the board to stay the effectiveness of a refusal to renew pending the outcome of the administrative hearing.

Section 4.

Appeal of Denial of Continuing Education Hours by the board.

(1)

If an application for approval of continuing education hours is denied, the credential holder or provider shall have the right to appeal the board's decision.

(2)

An appeal shall be:

(a)

In writing;

(b)

Received by the board within thirty (30) days after the date of the decision denying approval of continuing education hours; and

(c)

Conducted in accordance with KRS Chapter 13B.

Section 5.

Any request for an administrative hearing shall be sent to the Board of Alcohol and Drug Counselors by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 500 Mero Street, Second Floor, Frankfort, Kentucky 40601.

201 KAR 35:091

KARYN HASCAL, Board Chair

APPROVED BY AGENCY: November 10, 2026

FILED WITH LRC: November 10, 2026 at 1:10 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 27th, 2027, at 8:00 a.m. to 4:30 p.m. at the Mayo-Underwood Building, Conference Room 127CW, 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 January 31, 2027. 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: Michelle A. VanHook, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services, Address: 500 Mero Street, Frankfort, Kentucky 40601, Phone Number: (502) 564-3296, Fax: (502) 564-4818, Email: michelle.vanhook@ky.gov, Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Michelle A. VanHook, Staff Attorney III, Phone: (502) 564-3296, Email: michelle.vanhook@ky.gov

Subject Headings:

Alcohol and Drug Counselors, Boards and Commissions, Appeals and Hearings.

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This administrative regulation establishes the appeals process from the denial of an application, refusal to renew or reinstate a registration, certification, or license, or denial of continuing education hours by the board.

(b) The necessity of this administrative regulation:

This regulation is necessary to provide a party adversely affected by a board’s decision with a mechanism to request a due process hearing.

The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations regarding the administrative hearing process to appeal a denial of or refusal to renew or reinstate a registration, certificate, or license or denial of continuing education hours by the board.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This regulation will provide a party adversely affected by a board’s decision to have a due process hearing.

(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.

(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 board is unable to determine the exact number of persons who would be impacted by this regulation since the number of applications varies from month to month. Presently, there are 4369 credential holders licensed, certified, or registered with the board and specified below (as of September 29, 2026): License Type: Number of Licensees: LADC (Licensed Alcohol & Drug Counselor) 26 LCADC (Licensed Clinical Alcohol & Drug Counselor) 717 LCADCA (Licensed Clinical Alcohol & Drug Counselor Associate) 34 CADC (Certified Alcohol & Drug Counselor) 500 TCADC (Temporary Certified Alcohol & Drug Counselor) 1122 CADCA II (Certified Alcohol & Drug Counselor Associate – II) 88 CADCA I (Certified Alcohol & Drug Counselor Associate – I) 209 RADPSS (Registered Alcohol & Drug Peer Support Specialist) 291 TRADPSS (Temporary Registered Alcohol & Drug Peer Support Specialist) 1170 CCS (Certified Clinical Supervisor) 212 TOTAL:4369

(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:

The applicants and credential holders will have a procedure to appeal an adverse decision on an application, renewal, reinstatement, or continuing education.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):

The board is unable to determine the additional costs for complying with this regulation since it would be the cost of litigation.

Individuals who are denied or refused renewal or reinstatement of a registration, certificate, or license or denied continuing education hours by the board will have a means by which to challenge the board’s decision and have the decision possibly reversed.

(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

No new costs will be incurred by the changes.

(b) On a continuing basis:

No new costs will be incurred by the changes.

(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:

The board’s operations are funded by fees paid by credential holders and applicants.

(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:

There are no increases in fees or funding required to implement this administrative regulation.

(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:

There are no fees or fee increases associated with the administrative regulation.

(10) TIERING: Is tiering applied?

Tiering was not applied as the regulation is applicable to all credential holders. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

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 309.0813(1), (6) and (7).

(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:

Not applicable.

(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:

The Kentucky Board of Alcohol and Drug Counselors.

(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):

1. Expenditures:

For the first year:

There are no expenditures anticipated in the first year.

For subsequent years:

There are no expenditures anticipated in subsequent years.

2. Revenues:

For the first year:

There are no revenues anticipated in the first year.

For subsequent years:

There are no revenues anticipated in subsequent years.

3. Cost Savings:

For the first year:

No cost savings are anticipated in the first year.

For subsequent years:

No cost savings are anticipated in subsequent years.

(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):

None anticipated.

(b) Estimate the following for each affected local entity identified in (4)(a):

1. Expenditures:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

2. Revenues:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

3. Cost Savings:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):

None anticipated.

(b) Estimate the following for each regulated entity identified in (5)(a):

1. Expenditures:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

2. Revenues:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

3. Cost Savings:

For the first year:

Not applicable.

For subsequent years:

Not applicable.

(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 fiscal impact anticipated to any entity identified in response to (3)(a), (4)(a), or (5)(a).

(b) Methodology and resources used to reach this conclusion:

Methodology and resources used are the fiscal department within the Public Protection Cabinet, Department of Professional Licensing.

(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):

It is not anticipated that this administrative regulation will have an overall negative or adverse major economic impact to the entities identified.

(b) The methodology and resources used to reach this conclusion: