Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
312.150,
312.160,
312.163
NECESSITY, FUNCTION, AND CONFORMITY: KRS 312.109(5) authorizes
the board to enforce and investigate violations.
KRS
312.019(9) authorizes the
board to promulgate administrative regulations consistent with KRS Chapter 312,
governing the practice of chiropractic.
KRS
312.150 authorizes disciplinary action to be
taken against a licensee.
KRS
312.160 requires a right to an appeal for a
licensed person disciplined after a hearing. This administrative regulation
establishes procedural guidelines for board hearings and the processing of
complaints against a licensee.
Section
1. Complaints and Investigations.
(1) A complaint may be made by any person,
organization, or entity. A complaint made by a person, organization, or entity
shall be in writing and shall be signed by the person offering the complaint.
The complaint shall contain:
(a) The name,
phone number, and address of the person making the charge and the name and
address of the place of business of the person or persons against whom charges
are made; and
(b) A clear and
concise description of the issues of fact.
(2) Upon receipt of a complaint against a
licensee, the board shall send a copy of the complaint to the licensee for a
response.
(a) The complaint shall be sent to
the last known address of the licensee that the board has on file. Proof of
mailing of the complaint to the licensee's last address on file shall
constitute proof of service of the complaint.
(b) The licensee shall file a response within
twenty (20) days from the date of the board's letter.
(c) The board shall review the complaint and
the licensee's response before it determines if the nature and quality of the
charges warrant dismissal, further investigation, or the initiation of a
hearing.
(d) In making its
determination, the board shall consider if the charges if proven would warrant
sanction by the board.
(e) If the
licensee fails to file a response within twenty (20) days of service of the
complaint, the board may, based on lack of good cause, treat such failure as a
default by the licensee, which in this case shall be equivalent to a finding
that the factual allegations of the complaint may be taken as true. The board
shall also have the authority to grant extensions of time for filing of a
response based on the reason.
(3) The board may proceed against a licensee
on its own initiative either on the basis of information contained in its own
records or on the basis of information obtained through its own
investigation.
(4) The filing of
formal charges shall require the affirmative vote of a majority of the
board.
(5)
(a) If the board finds that allegations
against a licensee are insufficient for initiation of a formal disciplinary
procedure, it shall dismiss the matter and notify all interested
parties.
(b) If the board determines
that disciplinary proceedings are appropriate, the board shall issue a notice
of disciplinary action and inform the licensee of the specific reason for the
board's action, including the:
1. Statutory
or regulatory violation;
2. Factual
basis on which the disciplinary action is based; and
3. Penalty to be imposed.
(c) The licensee, or the
complainant may appeal the disciplinary action established in the notice of
disciplinary action to the board. An appeal shall be made within twenty (20)
days of the date of the board's notice.
1. A
written request for an administrative hearing shall be filed with the board
within twenty (20) calendar days of the date of the board's notice. This
request shall be sent to the Board of Chiropractic Examiners by mail or
delivery to the board's address as shown on the board's notice of disciplinary
action.
2. If the request for a
hearing is not timely filed, the notice of disciplinary action shall be
effective upon the expiration of the time for the licensee to request a
hearing.
(d) The board
may resolve the matter informally through mediation or negotiation. Any agreed
order reached through mediation or negotiation shall be approved by the board
and signed by the individual who is the subject of the complaint, the
individual's attorney, and the chair of the board.
Section 2.
(1) The hearing shall be held in accordance
with KRS Chapter 13B.
(2) The
respondent shall be entitled to a reasonable continuance of the hearing date,
for good cause, as recommended to the board by the hearing officer.
(3) The board shall keep a record of the
hearing at least for as long as the matter is pending for a decision or appeal,
and for the duration of the disciplinary action.
(4) It shall take a majority of the board to
sustain the charges against the respondent licensee. The hearing officer shall
issue a recommended order pursuant to KRS Chapter 13B, which the board shall
consider, along with any exceptions filed by the parties, before issuing a
final order.
(5) If the board
sustains some or all of the charges, the board shall by majority vote establish
the sanction under law that it finds warranted. The order of the board shall be
mailed to the parties by certified mail, return receipt requested.
Section 3. Pursuant to
KRS
312.160, the respondent may, within thirty
(30) days of receipt of the order, appeal to the Franklin Circuit Court. In the
absence of an appeal, the order of the board shall be final at the expiration
of the thirty (30) day period.
STATUTORY AUTHORITY:
KRS 312.019(5),
(9)