Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 5 - Board of Optometric Examiners
Section 201 KAR 5:100 - Expungement
Universal Citation: 201 KY Admin Regs Service 5:100
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 320.310(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 320.310(3) authorizes the board to promulgate an administrative regulation to establish minor violations that are subject to expungement. This administrative regulation establishes the violations considered minor and the criteria and procedure for expungement.
Section 1. Definition. "Expungement" means that:
(1) The affected
records shall be sealed;
(2) The
proceedings to which they refer shall be deemed not to have occurred;
and
(3) The affected party may
properly represent that no record exists regarding the matter
expunged.
Section 2. Minor Violations and Expungement Procedure.
(1) The following violations shall be
considered minor in nature:
(a) Failure to
timely renew a license;
(b) Failure
to timely obtain continuing education; or
(c) Failure to timely obtain required
HIV/AIDS continuing education.
(2)
(a) Not
have been the subject of a subsequent violation of the same nature for a period
of three (3) years after the date of completion of disciplinary sanctions
imposed for the violation sought to be expunged; and
(b) Submit a written request to the board.
The board shall consider each request and shall, if the requirements
established in
KRS
320.310(3) and this
administrative regulation are satisfied, expunge the record of the subject
disciplinary order.
STATUTORY AUTHORITY: KRS 320.310(3)
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