Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 13B, 309.085, 309.086, 309.087
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
309.0813(1) and (6) require
the Board of Alcohol and Drug Counselors to promulgate administrative
regulations concerning denial, suspension, failure to reissue, or revocation of
a license, certificate, or registration. This administrative regulation
establishes procedures for appealing the board's refusal to issue, renew, or
reinstate a registration, certificate, or license or deny continuing education
hours.
Section 1. The board may, in
accordance with
KRS
309.086:
(1)
Deny issuance of a registration, certificate, or license;
(2) Refuse to renew a registration,
certificate, or license; or
(3)
Refuse to reinstate a registration, certificate, or license.
Section 2.
(1) The board may deny, refuse to renew, or
refuse to reinstate a registration, certificate, or license to an applicant or
credential holder, who violates the provisions of
KRS
309.086(1).
(2) For purposes of this section:
(a) A conviction shall include a plea of
guilty, an Alford plea, or a trial conviction of a felony or misdemeanor;
and
(b) Disregarding professional
standards of practice, or violating the Code of Ethics in
KRS
309.086(1)(d), shall include
a disciplinary action taken against a professional license, certificate,
registration, or permit held by the applicant or licensee in any jurisdiction
or state, including Kentucky.
(3) The board shall base its decision on the
seriousness of the offense or disciplinary action, the length of time since the
offense or disciplinary action, and the applicant's or credential holder's
showing of remorse, rehabilitation, and restitution by clear and convincing
evidence.
Section 3.
(1)
(a) The
board shall issue written notice of the denial or refusal and inform the
applicant or credential holder of the specific reason for the board's action,
including:
1. The statutory or regulatory
violation; and
2. The factual basis
on which the denial or refusal is based; and
(b) The notice of denial or refusal shall be
sent to the last address provided to the board by the applicant or credential
holder.
(2) 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.
(3) If the request for an administrative
hearing is not timely filed, the denial or refusal shall be effective upon the
expiration of the time for the credential holder to request an
appeal.
(4) The administrative
hearing shall be conducted in accordance with KRS Chapter 13B.
(5) A credential holder may petition the
board to stay the effectiveness of a refusal to renew.
Section 4. Appeal of Denial of Continuing
Education Hours by the board.
(1) If an
application for approval of continuing education hours is denied, the
credential holder or provider shall have the right to appeal the board's
decision.
(2) An appeal shall be:
(a) In writing;
(b) Received by the board within thirty (30)
days after the date of the decision denying approval of continuing education
hours; and
(c) Conducted in
accordance with KRS Chapter 13B.
Section 5. Any request for an administrative
hearing shall be sent to the Board of Alcohol and Drug Counselors by mail to
P.O. Box 1360, Frankfort, Kentucky 40602 or by delivery to 911 Leawood Drive,
Frankfort, Kentucky 40601.
STATUTORY AUTHORITY:
KRS
309.0813(1),
(6)
