Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
335.515(3), (4),
335.545
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
335.515(3) requires the
board to promulgate administrative regulations necessary to carry out and
enforce the provisions of
KRS
335.500 to
335.599.
KRS
335.515(4) requires the
board to conduct administrative hearings as necessary pursuant to KRS Chapter
13B. This administrative regulation establishes the procedures for an
individual to request an administrative hearing from the denial of or refusal
to renew or reinstate a license, or revocation of probation.
Section 1. Right of Administrative Hearing
from a Denial of or Refusal to Renew or Reinstate a License.
(1) The board shall issue written notice of
the denial informing the applicant:
(a) 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 is based; and
(b) That the applicant may appeal the pending
denial to the board within twenty (20) calendar days after receipt of this
notification, excluding the day he or she receives notice, or the date that the
notification is returned to the board as unclaimed.
(2) A written request for an administrative
hearing shall be filed with the board within twenty (20) calendar days after
receipt of this notification, excluding the day the applicant receives notice,
or the date that the notification is returned to the board as unclaimed The
request shall identify the specific issues in dispute and the legal basis on
which the board's decision on each issue is believed to be erroneous.
(3) If the request for an appeal is not
timely filed, the notice of denial shall be effective upon the expiration of
the time for the certificate holder to request an appeal.
(4) The documentary evidence shall be limited
to the application and supporting documents submitted to the board during the
application process and that was considered as part of the denial of the
application.
(5) A renewal
applicant may petition the board, in writing, for a stay of the denial of the
license until completion of the administrative hearing process.
Section 2. Revocation of
Probation.
(1) If the board moves to revoke
probation, the board shall issue written notice of the revocation and inform
the probationee:
(a) Of the factual basis on
which the revocation is based;
(b)
Of each probation term violated;
(c) Of the sanction to be imposed;
and
(d) That the probationee may
appeal the revocation to the board within twenty (20) calendar days after
receipt of this notification, excluding the day he or she receives notice, or
the date that the notification is returned to the board as unclaimed. The
notification shall be sent to the last known address on file with the board for
the certificate holder.
(2) A written request for an administrative
hearing shall be filed with the board within twenty (20) calendar days after
receipt of this notification, excluding the day the probationee receives
notice, or the date that the notification is returned to the board as
unclaimed. The request shall identify the specific issues in dispute and the
legal basis on which the board's decision on each issue is believed to be
erroneous.
(3) If the request for
an administrative hearing is not timely filed, the revocation shall be
effective upon the expiration date for the certificate holder to request an
appeal.
Section 3. A
request for an administrative hearing shall be sent to the Kentucky Board of
Licensed Professional Counselors by mail to P.O. Box 1360, Frankfort, Kentucky
40602 or by hand-delivery to 500 Mero Street, Frankfort, Kentucky
40601.
Section 4. An administrative
hearing shall be governed in accordance with KRS Chapter 13B.
Section 5. If the final order of the board is
adverse to a licensee or applicant, or if the hearing is scheduled at the
request of a licensee or applicant for relief from sanctions previously imposed
by the board, the costs in an amount equal to the cost of stenographic
services, the cost of the hearing officer, and the board's attorney fees may be
assessed against the licensee or applicant. In a case of financial hardship,
the board may waive all or part of the fee.
STATUTORY AUTHORITY:
KRS
335.515(3), (4),
(7)
