201 KAR 12:180. Hearing procedures.
RELATES TO: KRS 317A.070, 317A.140, 317A.145
STATUTORY AUTHORITY: KRS 317A.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.140 provides for the revocation or suspension of licenses by the board. This administrative regulation sets forth procedural guidelines for hearings before the board.
Section 1. The board may refuse to issue or renew a license or may revoke or suspend such licenses as are issued based upon the grounds set forth in KRS 317A.140.
Section 2. When the board has grounds to refuse to issue or renew or revoke or suspend a license, the board shall give the licensee or applicant twenty (20) days written notice of the board's intent to deny, suspend, or revoke the license prior to taking any final action. The notice shall inform the licensee or applicant of the grounds upon which the denial, suspension, or revocation is based and the licensee's right to request a hearing before the board. The notice shall also inform the licensee or applicant of the date, time and place of the hearing in the event that a hearing is requested, the right to be represented by counsel, the right to present witnesses on his behalf and the right to cross-examine any witnesses who may appear against him.
Section 3. Within ten (10) days of receipt of the board's notice, the licensee shall notify the board in writing if a hearing is requested. If the licensee does not request a hearing, in writing, within ten (10) days, the board may take final action on denial, suspension, or revocation of the license.
Section 4. The chairman of the board or the designated hearing officer shall preside over all hearings and shall have the authority to rule on all motions and objections, to establish the hearing procedures, and to admit or exclude testimony or other evidence.
Section 5. The rules of civil procedure and the strict rules of evidence shall not apply to hearings before the board. Unless varied by the presiding chairman or designated hearing officer, the order of proof shall be:
(1) Evidence and witnesses testifying on behalf of the board as to violations and grounds for denial, suspension, or revocation;
(2) Evidence and witnesses testifying on behalf of the licensee or applicant;
(3) Rebuttal evidence and witnesses on behalf of the board;
(4) Closing statement or argument by the licensee or applicant; and
(5) Closing statement or argument by the board.
Section 6. After the conclusion of the hearing and the board's consideration of the evidence, the board or the designated hearing officer shall prepare findings of fact, conclusions of law and order. The findings of fact, conclusions of law and order shall be reviewed by the board for final approval at the next regularly scheduled meeting of the board or as soon thereafter as possible. Following the board's final approval of the findings of fact, conclusions of law and order, the licensee shall be notified of the board's decision. (14 Ky.R. 1994; eff. 5-9-88.)