201 KAR 12:190. Investigations and complaints.

      RELATES TO: KRS 317A.140, 317A.145

      STATUTORY AUTHORITY: KRS 317A.145

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060, 317A.145. The board shall receive and investigate complaints relating to licensee's business or professional practices and illegal practices.

      Section 1. The board or other board personnel shall receive all complaints against any person licensed under the provisions of KRS Chapter 317A relating to the licensee's business or professional practices.

      Section 2. The board shall make available to the public a complaint form which may be used by any person filing a complaint against any licensee.

      Section 3. "Complaint" shall be defined as any writing received by the board which contains the name of the complainant and alleges violations of any board statute or administrative regulation or other wrongdoing by any licensee relating to the licensee's business or professional practices.

      Section 4. A log or record shall be maintained and shall be made available for public inspection, containing at least the following information concerning complaints received by the board:

      (1) Licensee's name;

      (2) Complainant's name;

      (3) Date complaint was received by the board;

      (4) Brief statement of the complaint; and

      (5) Ultimate disposition of the complaint by the board.

      Section 5. All complaints received by the board concerning any person licensed under the provisions of KRS Chapter 317A relating to the licensee's business or professional practices shall be investigated.

      Section 6. The board may, at any time, on their own volition or on the basis of information available, conduct an investigation or inspection and file a complaint against any person licensed under the provisions of KRS Chapter 317A.

      Section 7. Any complaint, as defined in Section 3 of this administrative regulation, that is filed with the board, which alleges that a licensee has violated a statutory provision of KRS Chapter 317A or an administrative regulation of the board, shall be sent to the licensee before the complaint is placed on the board agenda. The licensee shall be provided at least ten (10) days after the complaint is mailed to file a written response to the complaint.

      Section 8. The complaint and the response, if any is received, shall be placed on the board agenda for consideration at the next board meeting, or as soon thereafter as is practicable, following receipt of the written response or the expiration of the ten (10) days provided for a response, whichever occurs first.

      Section 9. The board members shall review the complaint and any response received and shall take such action as it deems necessary.

      Section 10. Any board member, who has participated in the investigation of a complaint or who has substantial personal knowledge of facts concerning the complaint which could influence an impartial decision by the board member, shall disqualify themselves from participating in the adjudication of the complaint. (15 Ky.R. 1726; eff. 3-10-89; Am. 20 Ky.R. 1036; eff. 1-10-94.)