201 KAR 26:140. Procedures for disciplinary hearings.
RELATES TO: KRS 319.092
STATUTORY AUTHORITY: KRS 319.032
NECESSITY, FUNCTION, AND CONFORMITY: KRS 319.092 mandates a hearing upon the filing of a complaint alleging a violation of KRS Chapter 319 to be conducted in accordance with the provisions of KRS Chapter 13B. This administrative regulation establishes procedures which supplement the provisions of KRS Chapter 13B.
Section 1. Composition of the Hearing Panel. (1) Disciplinary actions shall be heard by a hearing panel consisting of the hearing officer and at least one (1) board member appointed by the board.
(2) A board member who has participated in the investigation of an initiating complaint or who has personal knowledge of the facts giving rise to the complaint or for other reasons is unable to render a fair and impartial decision shall not sit as a member of the panel hearing that particular complaint.
(3) Separation of functions. No member, officer, or employee of the board who is engaged in the performance of investigative or prosecutorial functions for the board in a particular case or a factually related case, shall participate in or advise in the decision of the disciplinary action, except as a witness or counsel in the hearing.
Section 2. Hearing Fee. If the board finds against the respondent on any charge, or if the hearing is scheduled at the request of a credential holder or applicant for relief from sanctions previously imposed by the board pursuant to the provisions of KRS Chapter 319, a hearing fee in an amount equal to the costs of stenographic services and the costs of the services of a hearing officer, if any, shall be assessed against the respondent. In case of financial hardship, the board may waive all or part of the fee.
Section 3. Notification of Action Taken. A press release describing all final disciplinary actions taken by the board to suspend, revoke, or refuse to issue or renew a license, restrict, or place a credential holder on probation shall be provided as mandated by federal law, to the Association for State and Provincial Psychology Boards for publication in their data base, and at least to the newspapers with the largest circulation in Louisville, Lexington, Frankfort, the city of business of the respondent and to the AP wire service. Nothing in this administrative regulation shall be construed to limit KRS 319.092(5). (13 Ky.R. 2162; eff. 7-2-87; Am. 20 Ky.R. 580; 934; eff. 10-21-93; 28 Ky.R. 1461; 1803; eff. 2-7-2002.)