Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
335.515(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
335.515(3) authorizes the
Board of Licensed Professional Counselors to promulgate administrative
regulations necessary for the proper performance of its duties.
KRS
335.515(2) authorizes the
board to issue subpoenas to assist in the investigation of a complaint or a
suspected violation of
KRS
335.500 to
KRS
335.599. This administrative regulation
establishes procedures for issuing an administrative subpoena.
Section 1. The Board of Licensed Professional
Counselors may issue an administrative subpoena to investigate a complaint or
suspected violation of
KRS
335.500 to
KRS
335.599 or 201 KAR Chapter 36.
Section 2. Administrative Subpoenas.
(1) The board shall issue a subpoena in
accordance with KRS
335.515(2) 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 3. Noncompliance.
(1) If a person fails without good cause to
produce requested documents in accordance with Section 2(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 2(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
335.515(2),
(3)
