Title 201 | Chapter 036 | Regulation 090
PREVIOUS VERSION
The previous document that this document is based upon is available.
201 KAR 36:090.Administrative hearings for denials and revocation of probation.
Section 1.
Right of Administrative Hearing from a Denial of or Refusal to Renew or Reinstate 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 certificate 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.
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 he or she receives notice, 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 certificate 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 shall be effective upon the expiration date for the certificate holder to request an appeal.Section 3.
A request for an administrative hearing shall be sent to the Kentucky Board of Licensed Professional Counselors by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 500 Mero Street, Frankfort, Kentucky 40601.Section 4.
An administrative hearing shall be governed in accordance with KRS Chapter 13B.Section 5.
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.HISTORY: (43 Ky.R. 843, 1412, 1546; eff. 843, 1412, 1546; eff. 3-31-2017; 50 Ky.R. 912, 1554; eff. 2-16-2024.)
FILED WITH LRC: January 8, 2024
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov, Link to public comment portal: https://ppc.ky.gov/reg_comment.aspx.
201 KAR 36:090.Administrative hearings for denials and revocation of probationprobated sanctionprobation.
Section 1.
Right of Administrative Hearing from a Denial of or Refusal to Renew or Reinstate 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(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 certificate 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.
Revocation of Probation(1)
If the board moves to revoke probation(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 he or she receives notice, 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 certificate 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(3)
If the request for an administrative hearing is not timely filed, the revocation shall be effective upon the expiration date for the certificate holder to request an appeal.Section 3.
A request for an administrative hearing shall be sent to the Kentucky Board of Licensed Professional Counselors by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 500 Mero StreetSection 4.
An administrative hearing shall be governed in accordance with KRS Chapter 13B.Section 5.
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 mayHISTORY: (43 Ky.R. 843, 1412, 1546; eff. 843, 1412, 1546; eff. 3-31-2017; 50 Ky.R. 912, 1554; eff. 2-16-2024.)
FILED WITH LRC: January 8, 2024
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov, Link to public comment portal: https://ppc.ky.gov/reg_comment.aspx.