Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
317A.070,
317A.140,
317A.145
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
317A.145 authorizes the board to investigate
complaints and, where appropriate, take disciplinary action for violations of
KRS Chapter 317A and the administrative regulations promulgated by the board.
KRS
317A.070 requires the board to hold hearings
to review the board's decision upon the request of any licensee or applicant
affected by the board's decision to refuse to issue or renew a license or
permit, or to take disciplinary action against a license or permit. This
administrative regulation establishes the board's complaint and disciplinary
process.
Section 1. Definitions.
(1) "Complaint" means any writing received or
initiated by the board alleging conduct by an individual or entity that may
constitute a violation of KRS Chapter 317A or 201 KAR Chapter 12.
(2) "Respondent" means the person or entity
against whom a complaint has been made.
Section 2. Complaint Committee. The board may
appoint a committee of no more than two (2) board members to review complaints,
initiate investigations, participate in informal proceedings to resolve
complaints, and make recommendations to the board for disposition of
complaints. The board staff and board counsel may assist the
committee.
Section 3. Complaint
Procedures.
(1) Complaints shall be submitted
on the board's Complaint Form, signed by the person making the complaint, and
describe with sufficient detail the alleged violation(s) of KRS Chapter 317A,
or 201 KAR Chapter 12. The Complaint Form shall be made available on the
board's Web site at
http://kbc.ky.gov.
(2) A copy of the complaint shall be provided
to the respondent. The respondent shall have ten (10) days from the date of
receipt to submit a written response. The complaints committee or the executive
director may extend these timelines as appropriate.
(3) The complaint committee shall meet at
regular intervals. A complaint and any written response shall arrive ten (10)
days prior to the meeting to meet the deadline for making a recommendation to
the board. The complaint committee shall review the complaint, the response,
and any other relevant information or material available, and recommend that
the board:
(a) Dismiss the
complaint;
(b) Order further
investigation;
(c) Issue a written
admonishment for a minor violation; or
(d) Issue a notice of disciplinary action
informing the respondent of:
1. The statute(s)
or administrative regulation(s) violated;
2. The factual basis for the disciplinary
action;
3. The penalty to be
imposed; and
4. The licensee's or
permittee's right to request a hearing.
(4) A written admonishment shall not be
considered disciplinary action by the board, but may be considered in any
subsequent disciplinary action against the licensee or permittee. A copy of the
written admonishment shall be placed in the licensee or permittee's file at the
board office.
(5) If the board
determines that a person or entity is engaged in the unlicensed practice of
cosmetology, esthetics practices, or nail technology, the board may:
(a) Issue to the person or entity a written
request to voluntarily cease the unlicensed activity; or
(b) Seek injunctive relief in a court of
competent jurisdiction pursuant to
KRS
317A.020(7).
(6) 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, shall disqualify himself or herself from participating in
the adjudication of the complaint.
Section 4. Settlement by Informal
Proceedings.
(1) The board, through its
complaints committee or counsel, may, at any time during this process, resolve
the matter through informal means, including an agreed order of settlement or
mediation.
(2) An agreed order or
settlement reached through this process shall be approved by the board and
signed by the respondent and board chair, or the chair's designee.
Section 5. Hearings.
(1) A written request made by the respondent
for a hearing shall be filed with the board within thirty (30) days of the date
of the board's notice that it intends to refuse to issue or renew a license or
permit, to deny, suspend, probate, or revoke a license or permit, or to impose
discipline on a licensee or permittee.
(2) If no request for a hearing is filed, the
board's refusal to issue or renew a license or permit, or the board's notice of
disciplinary action, shall become effective upon the expiration of the time to
request a hearing.
Section
6. Incorporation by Reference.
(1) "Complaint Form", July 2022, is
incorporated by reference.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at Kentucky Board of Cosmetology, 1049 US Hwy 127 S. Annex #2, Frankfort
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or on the board's
Web site at
http://kbc.ky.gov.
STATUTORY AUTHORITY:
KRS
317A.060,
317.070,
317A.145
