Title 201 | Chapter 039 | Regulation 100REG
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BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amended at ARRS Committee)
201 KAR 39:100.Complaint procedure.
Section 1.
Receipt of Complaints.(1)
A complaint:(a)
May be submitted by an:1.
Individual;2.
Organization; or3.
Entity;(b)
Shall:1.
Be in writing or contained on a videotape or digital media; and2.
Include the signature or stated name, address, and telephone or videophone number of the person submitting the complaint; and(c)
May be filed by the board or board member based upon information in its possession.(2)
Upon receipt of the complaint, a copy of the complaint shall be sent to the licensee named in the complaint along with a request for the licensee's response to the complaint. The individual shall be allowed a period of twenty (20) days from the date of receipt to submit a written, videotaped, or other digital media response.Section 2.
Initial Review.(1)
After the receipt of a complaint and the expiration of the period for the licensee's response,(2)
If the board determines before formal investigation that a complaint is without merit, the board(a)
Dismiss the complaint; and(b)
Notify the complainant and licensee of the board's decision.(3)
If the board determines that a complaint warrants a formal investigation, the board(a)
Authorize an investigation into the matter; and(b)
Order a report to be made to theSection 3.
Results of Formal Investigation; Board Decision on Hearing.(1)
Upon completion of the formal investigation, the investigator shall submit a written report to(2)
If the board determines that a complaint does not warrant issuance of a formal complaint, the board(a)
Dismiss the complaint; and(b)
Notify the complainant and respondent of the board's decision.(3)
If the board determines that a violation has occurred but is not serious, the board may issue a written admonishment to the licensee in accordance with KRS 309.316(4).(4)
If the board determines that a complaint warrants the issuance of a formal complaint against a respondent, the board attorney in conjunction with(5)
If the board determines that a person may be in violation of KRS 309.301(1), the board(a)
Order the individual to cease and desist from further violations of KRS 309.301(1);(b)
Forward information to the county attorney of the county of residence of the person allegedly violating KRS 309.301(1) with a request that appropriate action be taken under KRS 309.319; or(c)
Initiate action in Franklin Circuit Court for injunctive relief to stop the violation of KRS 309.301(1) pursuant to KRS 309.304(7).Section 4.
Settlement by Informal Proceedings.(1)
The board through counsel and(2)
An agreed order or settlement reached through this process may(3)
The board may employ mediation as a method of resolving the matter informally.Section 5.
Notice and Service of Process. A notice required by KRS 309.300 throughSection 6.
Notification. The board shall make public:(1)
Its final order in a disciplinary action pursuant to(2)
An action to restrain or enjoin a violation of KRS 309.301(1).Section 7.
Incorporation by Reference.(1)
"Complaint Form", DPL-KBI-009, October(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street,FILED WITH LRC: November 13, 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.
BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amended at ARRS Committee)
201 KAR 39:100.Complaint procedure.
Section 1.
Receipt of Complaints.(1)
A complaint:(a)
May be submitted by an:1.
Individual;2.
Organization; or3.
Entity;(b)
Shall:1.
Be in writing or contained on a videotape or digital media; and2.
Include the signature or stated name, address, and telephone or videophone number of the person submitting the complaint; and(c)
May be filed by the board or board member based upon information in its possession.(2)
Upon receipt of the complaint, a copy of the complaint shall be sent to the licensee named in the complaint along with a request for the licensee's response to the complaint. The individual shall be allowed a period of twenty (20) days from the date of receipt to submit a written, videotaped, or other digital media response.Section 2.
Initial Review.(1)
After the receipt of a complaint and the expiration of the period for the licensee's response, the complaint screening committee shall consider the complaint, the licensee's response, and any other relevant material available and make a recommendation to the board. The board shall determine whether there is enough evidence to warrant a formal investigation of the complaint.(2)
If the board determines before formal investigation that a complaint is without merit, the board shall:(a)
Dismiss the complaint; and(b)
Notify the complainant and licensee of the board's decision.(3)
If the board determines that a complaint warrants a formal investigation, the board shall:(a)
Authorize an investigation into the matter; and(b)
Order a report to be made to the complaint screening committee at the earliest opportunity.Section 3.
Results of Formal Investigation; Board Decision on Hearing.(1)
Upon completion of the formal investigation, the investigator shall submit a written report to the complaint screening committee of the facts regarding the complaint. The complaint screening committee shall review the investigative report and make a recommendation to the board. The board shall determine if there has been a prima facie violation of KRS 309.300 through 309.319 or 201 KAR Chapter 39 and if a formal complaint shall be filed.(2)
If the board determines that a complaint does not warrant issuance of a formal complaint, the board shall:(a)
Dismiss the complaint; and(b)
Notify the complainant and respondent of the board's decision.(3)
If the board determines that a violation has occurred but is not serious, the board may issue a written admonishment to the licensee in accordance with KRS 309.316(4).(4)
If the board determines that a complaint warrants the issuance of a formal complaint against a respondent, the board attorney in conjunction with the complaint screening committee shall prepare a formal complaint that states clearly the charge or charges to be considered at the hearing. The formal complaint shall be reviewed by the board and, if approved, signed by the chair and served upon the individual as required by KRS Chapter 13B.(5)
If the board determines that a person may be in violation of KRS 309.301(1), the board shall:(a)
Order the individual to cease and desist from further violations of KRS 309.301(1);(b)
Forward information to the county attorney of the county of residence of the person allegedly violating KRS 309.301(1) with a request that appropriate action be taken under KRS 309.319; or(c)
Initiate action in Franklin Circuit Court for injunctive relief to stop the violation of KRS 309.301(1) pursuant to KRS 309.304(7).Section 4.
Settlement by Informal Proceedings.(1)
The board through counsel and the complaint screening committee may, at any time during this process, enter into informal proceedings with the individual who is the subject of the complaint for the purpose of appropriately dispensing with the matter.(2)
An agreed order or settlement reached through this process may be approved by the board and signed by the individual who is the subject of the complaint and the chair.(3)
The board may employ mediation as a method of resolving the matter informally.Section 5.
Notice and Service of Process. A notice required by KRS 309.300 through 309.319 or this administrative regulation shall be issued pursuant to KRS Chapter 13B.Section 6.
Notification. The board shall make public:(1)
Its final order in a disciplinary action pursuant to KRS 309.316(3); and(2)
An action to restrain or enjoin a violation of KRS 309.301(1).Section 7.
Incorporation by Reference.(1)
"Complaint Form", DPL-KBI-009, October 2024, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and found on the board's Web site at www.kbi.ky.gov.FILED WITH LRC: November 13, 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.