Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
316.150
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
316.210(1) requires the
board to administer and enforce the provisions of KRS Chapter 316 and
authorizes the board to promulgate administrative regulations pursuant to KRS
Chapter 13A.
KRS
316.150 authorizes the board to take
disciplinary action against the license of an embalmer, a funeral director, or
a funeral establishment or against the registration of an apprentice for
violations of KRS Chapter 316. This administrative regulation establishes the
procedure for filing complaints with the board.
Section 1. Complaint.
(1) A complaint that an embalmer, a funeral
director, a funeral establishment, or an apprentice has violated the provisions
of KRS Chapter 316 or the administrative regulations promulgated thereunder
shall be made in writing to the board.
(2) The person making the complaint shall be
identified in the complaint, shall provide his or her contact information, and
shall sign the complaint.
(3)
Anonymous complaints shall not serve as the sole justification for disciplinary
action, but the board may use the information provided in any anonymous
complaint as cause for further investigation.
(4) The board may file a complaint based upon
credible information in its possession that is sufficient to establish probable
cause for further investigation and possible disciplinary action.
(5) No complaint may be made more than two
(2) years following the discovery of the alleged violation of KRS Chapter 316
or the administrative regulations promulgated thereunder. Discovery for this
purpose shall be the point in time when the complainant actually discovers, or
a reasonably diligent complainant would have discovered, the facts constituting
the violation.
Section
2. Notice to Respondent.
(1) The
board shall send via certified mail, return receipt requested, a notice with a
copy of the complaint to the respondent requesting a written response to the
complaint.
(2) The respondent shall
file a written response to the complaint with the board within twenty (20) days
after receipt of notice of the complaint. The respondent shall send a copy of
the response to the complainant, and certify in the response that it has been
so sent.
(3) The board may treat
failure of a duly-notified respondent to file a response within twenty (20)
days of receipt of the complaint as a default. Upon default, the board may
treat the allegations contained in the complaint as admitted and impose such
discipline as the board deems appropriate.
Section 3. Investigation of Complaint.
(1) The board may assign one (1) or more
persons to conduct an investigation of the facts alleged in a complaint and
submit a report to the board.
(2)
The board may, at any time, conduct an investigation on its own initiative
without receipt of a written complaint if the board has reason to believe that
a violation of KRS Chapter 316 or the administrative regulations promulgated
thereunder is taking, or has taken, place.
Section 4. Dismissal, Resolution, and
Discipline.
(1) The board may dismiss a
complaint at any time if the board determines that the facts stated in the
complaint, or facts known to the board after investigation, fail to create a
finding of probable cause of a violation which would warrant disciplinary
action. The board shall notify the complainant and the respondent in writing if
it dismisses the complaint.
(2) The
board may negotiate a resolution of a complaint by an agreed order if the board
determines that there is probable cause that a violation has occurred and that
disciplinary action may be warranted.
(3) The board may impose disciplinary action
established by
KRS
316.150 against a licensee or registrant if
the board finds, after the conduct of a KRS 13B hearing, that a violation of
KRS Chapter 316 or of the administrative regulations promulgated thereunder has
occurred.
STATUTORY AUTHORITY:
KRS
316.150,
316.210(1)
