Kentucky Administrative Regulations
Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES
Chapter 6 - Certificate of Need
Section 900 KAR 6:040 - Licensure hearings
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 216B.105
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.040 and 216B.105 authorize the Cabinet for Health and Family Services to provide a due process hearing and issue a final determination on all actions by the Cabinet for Health and Family Services to deny, revoke, modify or suspend a license. Executive Order 96-862 reorganizes the Cabinet for Human Resources and creates the Office of Certificate of Need under the Cabinet for Health Services. This administrative regulation sets forth the hearing procedure for licensure actions.
Section 1. Notice of Action and Request for Hearing. Any applicant or licensee who has been notified of the cabinet's decision to deny, revoke, modify or suspend a license to operate a health facility or health service may request an evidentiary hearing for the purpose of appealing the cabinet's decision. The request must be filed with the cabinet within thirty (30) days of the date of mailing of notice of the cabinet's decision.
Section 2. Notice of Hearing. The cabinet shall provide the appellant with notice of date, time and location of the hearing by certified mail at least thirty (30) days before the date of the hearing.
Section 3. Disqualification of Hearing Officer. No hearing officer shall participate in any hearing in which the hearing officer has had within the past twelve (12) months preceding the hearing, any ownership, employment, staff, fiduciary, contractual, creditor, personal, consultative relationship that would preclude the hearing officer from conducting a fair and impartial hearing with the applicant or licensee.
Section 4. Hearing Procedure.
Section 5. Findings and Recommendations.
STATUTORY AUTHORITY: KRS 13A.350, 216B.040, 1996 Ky. Acts ch. 371, EO 96-862