201 KAR 18:115. License reinstatement.

      RELATES TO: KRS 322.160

      STATUTORY AUTHORITY: KRS 322.160(3)(a), 322.290(4)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 322.290(4) authorizes the board to promulgate administrative regulations necessary for the proper performance of its duties. KRS 322.160(3)(a) requires a licensee or permit holder who fails to renew within one (1) year after expiration to furnish the board with satisfactory evidence of qualification of continued practice. This administrative regulation establishes the requirements for license reinstatement.

      Section 1. General Requirements. (1) A person whose license has been in retired status, inactive status, or expired for more than one (1) year shall apply to the board for reinstatement by submitting evidence of successful completion of one (1) or more of the following:

      (a) Retaking and passing the licensure examination;

      (b) College courses related to engineering or surveying;

      (c) Continuing education courses related to engineering or surveying;

      (d) Work experience under another licensee; or

      (e) Licensed practice in another jurisdiction.

      (2) The application shall be on the appropriate application form incorporated by reference in 201 KAR 18:020, Section 2, and shall include:

      (a) An affidavit indicating whether or not the applicant has practiced engineering or surveying in the Commonwealth of Kentucky since the expiration of the applicant’s license; and

      (b) A listing of the specific evidence that the applicant is qualified to continue to practice pursuant to subsection (1) of this section.

      (3) The applicant shall meet the requirements of KRS 322.050.

      (4) A Professional Land Surveyor applicant shall meet the continuing professional development requirements of 201 KAR 18:192, Section 7.

      Section 2. Expiration of License. (1) If the applicant’s license has been expired for three (3) years or less, or if the applicant has a valid license in another jurisdiction, the executive director may approve or reject that application.

      (2) If the applicant’s license has been expired for more than three (3) years and the applicant does not possess a valid license in another jurisdiction, the application shall be considered by the board.

      Section 3. Revocation of License. (1) Pursuant to KRS 322.220, a person whose license has been revoked may petition the board to reissue.

      (2) An applicant whose surrender of license was associated with a disciplinary investigation shall be considered under this section.

      (3) The applicant shall comply with the requirements of Section 1 of this administrative regulation. In addition, the applicant shall provide evidence that the applicant:

      (a) Has complied with any terms prescribed by the board; and

      (b) Is no longer a risk to the public health, safety, and welfare. The burden of proof is upon the applicant.

      (3) All of these applications shall be considered by the board.

      Section 4. Reconsideration. (1) If an application is not approved, the applicant will be given every reasonable opportunity to secure reconsideration.

      (2) If an application is not approved by the executive director, the applicant may request reconsideration by the board.

      (3) If an application is not approved by the board, the applicant may request a hearing in accordance with the provisions of KRS Chapter 13B. (33 Ky.R. 1748; 2272; eff. 3-9-2007.)