GENERAL GOVERNMENT CABINET
Kentucky Board of Hairdressers and Cosmetologists
(As Amended at ARRS, October 8, 2013)
††††† RELATES TO: KRS 317A.070, 317A.140, 317A.145
††††† STATUTORY AUTHORITY: KRS 317A.070
FUNCTION, AND CONFORMITY: KRS 317A.140 authorizes the board to fine, revoke,
suspend, or refuse to issue or renew a license[
provides for the
revocation or suspension of licenses by the board]. This administrative
regulation establishes[ sets forth] procedural
guidelines for hearings before the board.
1. The board may discipline an applicant, licensee, or permittee by fine,
refuse] to issue or renew a license, or revocation
or suspension[ may revoke or suspend such licenses as are issued]
based upon the grounds set forth in KRS 317A.140.
2. (1) If[
When] the board has grounds to discipline
an applicant, licensee, or permittee[ refuse to issue or renew or revoke
or suspend a license], the board shall give the person[ licensee
or applicant] twenty (20) days written notice of the board's intent
to hold an administrative hearing[ deny, suspend, or revoke the
license] prior to taking[ any] final action.
The notice shall inform the person[
††††† (a) The grounds upon which potential
the denial, suspension, or revocation] is based;
and] The personís[ 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 if[ in
the event that] a hearing is requested;
,] The right to be
represented by counsel;
,] The right to present
witnesses on his or her behalf; and
††††† (f) The right to cross-examine any witnesses who may appear against him or her.
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 shall[
take final action and discipline by fine, refusal to issue or renew a
license, revocation, or suspension of a license[ 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.
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:
Evidence and witnesses testifying on behalf of the board as to violations and
grounds for discipline[
denial, suspension, or revocation];
††††† (2) Evidence and witnesses testifying on behalf of the licensee, permittee, or applicant;
††††† (3) Rebuttal evidence and witnesses on behalf of the board;
††††† (4) Closing statement or argument by the licensee, permittee, 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.
Nothing shall prohibit] The board
may attempt[ from attempting]
to resolve potential disciplinary matters informally or through mediation.
BEA COLLINS, Chair
††††† APPROVED BY AGENCY: July 9, 2013
††††† FILED WITH LRC: July 15, 2013 at noon
††††† CONTACT PERSON: Charles Lykins, Executive Director, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, phone (502) 564-4262, fax (502) 564-0481.