Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
322A.030(12)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
322A.030(5) authorizes the
Kentucky Board of Registration for Professional Geologists to promulgate
administrative regulations required to perform its duties.
KRS
322A.030(12) authorizes the
board to issue subpoenas to assist in the investigation of a complaint or a
suspected violation of KRS Chapter 322A. This administrative regulation
establishes procedures for issuing an administrative subpoena.
Section 1. Definitions.
(1) "Document" means information in any form
or format that is relevant to a review or investigation conducted by the board
and may include:
(a) Originals, copies, and
drafts;
(b) Written
documents;
(c) Papers;
(d) Books;
(e) Computer files;
(f) Photographs;
(g) Audio and video recordings;
(h) Correspondence;
(i) Electronic mail; or
(j) Drawings and
blueprints.
(2)
"Respondent" means any person, individual, corporation, business trust, estate,
trust partnership, limited liability company, association, organization, joint
venture, government or any subdivision, agency or instrumentality thereof, or
any other legal or commercial entity.
Section 2. The Kentucky Board of Registration
for Professional Geologists may issue an administrative subpoena to investigate
a complaint or suspected violation of KRS Chapter 322A.
Section 3. Administrative Subpoenas.
(1) The board shall issue a subpoena in
accordance with
KRS
322A.030(12) to require the
production of books, papers, documents, or other evidence at a specified time
and place.
(2) If information
requested by the board is encrypted, the respondent shall:
(a) Provide the information in a readable
format; and
(b) Provide proof
acceptable to the board that the requested information has been translated to a
readable format without error or omission.
(3) A person or entity served with a subpoena
in accordance with subsection (1) of this section shall not intentionally
destroy, alter, or falsify documents requested by the board.
Section 4. Noncompliance.
(1) If a person fails without good cause to
produce requested documents in accordance with Section 3(1) of this
administrative regulation, the board may apply to the circuit court of the
county in which compliance is sought for an appropriate order to compel
compliance with the provisions of the subpoena.
(2) If a person served with a subpoena issued
pursuant to Section 3(1) of this administrative regulation believes that the
subpoena seeks to compel the production of documents that are protected,
privileged, or not properly the subject of an administrative subpoena, the
individual may, prior to the date designated for the production of the
documents, apply to the circuit court of the county in which compliance is
sought for an appropriate protective order limiting the scope of the subpoena
or quashing it entirely.
STATUTORY AUTHORITY:
KRS
322A.030(5),
(12)
