Kentucky Statutes 198B.4033 – Suspension, revocation, or nonrenewal of license — Grounds — Hearing — Appeal
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(1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may suspend, revoke, or refuse to renew the license of an elevator contractor or elevator mechanic for any of the following actions by the licensee:
(a) Use of false evidence or misrepresentation in an application for an elevator contractor’s or elevator mechanic’s license;
(b) Attempting to transfer authority granted to the licensed contractor or mechanic to another individual;
(c) Incompetency or negligence relating to elevator service, installation, repair, or maintenance as determined by the commissioner;
(d) Conviction of a felony after July 1, 2011;
(e) Fraudulent or dishonest practices while engaging in the business of elevator service, installation, repair, or maintenance;
(f) Aiding or abetting any person attempting to evade the provisions of KRS
198B.400 to 198B.540; or
(g) Violating any provision of KRS § 198B.400 to KRS § 198B.540 or the administrative regulations promulgated under KRS § 198B.400 to KRS § 198B.540.
(2) Subject to a hearing in accordance with KRS Chapter 13B, the commissioner shall revoke the license of an elevator contractor or elevator mechanic who continues to work as if holding a valid license during a suspension imposed by the commissioner.
(3) Any licensee who is aggrieved by a final order of the commissioner, resulting in the suspension, refusal to renew, or revocation of his or her license may appeal to the Circuit Court of the county of the licensee’s place of business in accordance with KRS Chapter 13B.
(4) Any reason for licensee discipline under subsection (1) of this section may also serve as the reason to deny an initial application for licensure as an elevator contractor or elevator mechanic.
Effective: July 1, 2011
History: Created 2010 Ky. Acts ch. 116, sec. 16, effective July 1, 2011.
Legislative Research Commission Note (7/1/2011). References to the “executive director” of housing, buildings and construction in this section, as created by 2010
Ky. Acts ch. 116, sec. 16, have been changed in codification to the “commissioner” of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
(a) Use of false evidence or misrepresentation in an application for an elevator contractor’s or elevator mechanic’s license;
Terms Used In Kentucky Statutes 198B.4033
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of the department. See Kentucky Statutes 198B.010
- Construction: means the erection, fabrication, reconstruction, substantial alteration or conversion of a building, or the installation of equipment therein, but shall not include the ordinary repair of a building or structure. See Kentucky Statutes 198B.010
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Attempting to transfer authority granted to the licensed contractor or mechanic to another individual;
(c) Incompetency or negligence relating to elevator service, installation, repair, or maintenance as determined by the commissioner;
(d) Conviction of a felony after July 1, 2011;
(e) Fraudulent or dishonest practices while engaging in the business of elevator service, installation, repair, or maintenance;
(f) Aiding or abetting any person attempting to evade the provisions of KRS
198B.400 to 198B.540; or
(g) Violating any provision of KRS § 198B.400 to KRS § 198B.540 or the administrative regulations promulgated under KRS § 198B.400 to KRS § 198B.540.
(2) Subject to a hearing in accordance with KRS Chapter 13B, the commissioner shall revoke the license of an elevator contractor or elevator mechanic who continues to work as if holding a valid license during a suspension imposed by the commissioner.
(3) Any licensee who is aggrieved by a final order of the commissioner, resulting in the suspension, refusal to renew, or revocation of his or her license may appeal to the Circuit Court of the county of the licensee’s place of business in accordance with KRS Chapter 13B.
(4) Any reason for licensee discipline under subsection (1) of this section may also serve as the reason to deny an initial application for licensure as an elevator contractor or elevator mechanic.
Effective: July 1, 2011
History: Created 2010 Ky. Acts ch. 116, sec. 16, effective July 1, 2011.
Legislative Research Commission Note (7/1/2011). References to the “executive director” of housing, buildings and construction in this section, as created by 2010
Ky. Acts ch. 116, sec. 16, have been changed in codification to the “commissioner” of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.