Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 32 - Board of Licensure of Marriage and Family Therapists
Section 201 KAR 32:070 - Complaint procedure
Universal Citation: 201 KY Admin Regs Service 32:070
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 335.305(1), 335.348, 335.350, 335.399
NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.320(9) requires the Kentucky State Board of Licensure for Marriage and Family Therapists to promulgate administrative regulations to implement KRS Chapter 335. This administrative regulation establishes procedures for the filing, evaluation, and disposition of administrative complaints.
Section 1. Definitions.
(1) "Chairman" means the chairman or
vice-chairman of the board.
(2)
"Charge" means a specific allegation contained in a formal complaint, as
defined in subsection (5) of this section, issued by the board alleging a
violation of a specified provision of KRS Chapter 335 or 201 KAR Chapter
32.
(3) "Complaint" means a written
allegation of misconduct by a credentialed individual or other person that may
constitute a violation of KRS Chapter 335 or 201 KAR Chapter 32.
(4) "Complaint screening committee" means a
committee consisting of three (3) persons on the board appointed by the
chairman of the board to review complaints, investigative reports, and to
participate in informal proceedings to resolve a formal complaint, and in
addition to board members, the executive director of the board or another staff
member may be appointed to serve on this committee.
(5) "Formal complaint" means a formal
administrative pleading authorized by the board that charges a licensed
individual or other person with an alleged violation and commences a formal
disciplinary proceeding pursuant to KRS Chapter 13B or requests the court to
take criminal or civil action.
(6)
"Informal proceedings" means the proceedings instituted at any stage of the
disciplinary process with the intent of reaching a dispensation of any matter
without further recourse to formal disciplinary procedures under KRS Chapter
13B.
(7) "Investigator" means an
individual designated by the board to assist the board in the investigation of
a complaint or an investigator employed by the Attorney General or the
board.
Section 2. Receipt of Complaints.
(1) A complaint:
(a) May be submitted by an:
1. Individual;
2. Organization; or
3. Entity;
(b) Shall be:
1. In writing using the Complaint Form and
Instructions; and
2. Signed by the
person offering the complaint; and
(c) May be filed by the board based upon
information in its possession.
(2) Upon receipt of a complaint:
(a)
1. A
copy of the complaint shall be sent to the individual named in the complaint
along with a request for that individual's response to the complaint.
2. The individual shall have a period of
twenty (20) days from the date of receipt to submit a written
response.
(b)
1. Upon receipt of the written response of
the individual named in the complaint, a copy of the response shall be sent to
the complainant.
2. The complainant
shall have seven (7) days from the receipt to submit a written reply to the
response.
Section 3. Initial Review.
(1)
(a) After the receipt of a complaint and the
expiration of the period for the individual's response, the complaint screening
committee shall consider the individual's response, complainant's reply to the
response, and any other relevant material available and make a recommendation
to the board.
(b) The board shall
determine whether there is enough evidence to warrant a formal investigation of
the complaint.
(2) If
the board determines before formal investigation that a complaint is without
merit, it shall:
(a) Dismiss the complaint;
and
(b) Notify the complainant and
respondent of the board's decision.
(3) If the board determines that a complaint
warrants a formal investigation, it shall:
(a)
Authorize an investigation into the matter; and
(b) Order a report to be made to the
complaint screening committee.
Section 4. Results of Formal Investigation; Board Decision on Hearing.
(1) Upon completion
of the formal investigation, the investigator shall submit a report to the
complaint screening committee of the facts regarding the complaint.
(a) The committee shall review the
investigative report and make a recommendation to the board.
(b) The board shall determine whether there
has been a violation of KRS Chapter 335 or 201 KAR Chapter 32 and a complaint
shall be filed.
(2) If
the board determines that a complaint does not warrant issuance of a formal
complaint, it shall:
(a) Dismiss the
complaint; and
(b) Notify the
complainant and respondent of the board's decision.
(3) If the board determines that a violation
has occurred but is not serious, the board shall issue a written admonishment
to the licensee.
(a) A copy of the written
admonishment shall be placed in the permanent file of the licensee.
(b)
1. The
licensee shall have the right to file a response in writing to the admonishment
within thirty (30) days of its receipt and may have it placed in his permanent
file.
2.
a. Alternatively, the licensee may file a
request for a hearing with the board within thirty (30) days of the
admonishment.
b. Upon receipt of the
request, the board shall set aside the written admonishment and set the matter
for hearing pursuant to the provisions of KRS Chapter 13B.
(4) If the board
determines that a complaint warrants the issuance of a formal complaint against
a respondent, the complaint screening committee shall prepare a formal
complaint that states clearly the charge or charges to be considered at the
hearing.
(a) The formal complaint shall be
reviewed by the board and, if approved, signed by the chairman and served upon
the individual as required by KRS Chapter 13B.
(b) The formal complaint shall be processed
in accordance with KRS Chapter 13B.
(5) If the board determines that a person may
be in violation of
KRS
335.305(1), it shall:
(a) Order the individual to cease and desist
from further violations of
KRS
335.305(1);
(b) Forward information to the county
attorney of the county of residence of the person allegedly violating
KRS
335.305(1) with a request
that appropriate action be taken pursuant to
KRS
335.399; or
(c) Initiate action in Franklin Circuit Court
for injunctive relief to stop the violation of
KRS
335.305(1).
Section 5. Settlement by Informal Proceedings.
(1) The board
through counsel and the complaint screening committee may, at any time during
this process, enter into informal proceedings with the individual who is the
subject of the complaint for the purpose of appropriately dispensing with the
matter.
(2) An agreed order or
settlement reached through this process shall be approved by the board and
signed by the individual who is the subject of the complaint and the
chairman.
(3) The board may employ
mediation as a method of resolving the matter informally.
Section 6. Notice and Service of Process. A notice required by KRS Chapter 335 or this administrative regulation shall be issued pursuant to KRS Chapter 13B.
Section 7. Notification. The board shall make public:
(1) Its final order in a disciplinary action
pursuant to
KRS
335.350 with the exception of a written
admonishment issued pursuant to Section 4(3) of this administrative regulation;
and
(2) An action to restrain or
enjoin a violation of
KRS
335.305(1).
Section 8. Incorporation by Reference.
(1) "Complaint Form and
Instructions", 2009, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of
Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 335.320(9), 335.325
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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