Kentucky Statutes 198B.620 – Refusal to renew license — Revocation or suspension of license — Appeal — Criminal penalty
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(1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may refuse to renew or may suspend or revoke the license of a licensed fire protection sprinkler contractor or the certificate of a certificate holder to engage in the business of fire protection sprinkler systems or in lieu thereof assess an administrative fine not to exceed two thousand dollars ($2,000) for any of the following reasons:
(a) Gross incompetency or gross negligence in the installation, repair, alteration, maintenance, inspection, or addition to fire protection sprinkler systems, as determined by the commissioner;
For details, see § 532.090
(b) Conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in the business of fire protection sprinkler systems;
(d) Use of false evidence or misrepresentation in an application for a license or certificate;
(e) Signing or affixing his or her seal to any plans, prints, specifications or reports, which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of KRS § 198B.585; or
(f) Knowingly violating any provisions of KRS § 198B.550 to KRS § 198B.630 or the regulations issued thereunder.
(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the license of a fire protection sprinkler contractor or a certificate holder who engages in the fire protection sprinkler system business during a suspension of the license.
(3) Any person who engages in the drawings, installation, repair, alteration, extension, maintenance, or inspection of fire protection sprinkler systems or uses any title, sign, card, or device indicating or intending to indicate that he or she is a certified fire sprinkler contractor without having first obtained the requisite license or certificate shall be guilty of a Class A misdemeanor. Each violation shall be regarded as a separate offense.
(4) Any license or certificate holder who is aggrieved by a final order of the commissioner suspending or revoking a license may appeal to the Franklin Circuit Court or the Circuit Court of the county of the license or certificate holder’s place of business in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 38, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 284, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 82, sec. 4, effective July 15, 2008. — Amended 1996 Ky. Acts ch. 318, sec. 87, effective July 15, 1996. — Created 1984 Ky. Acts ch. 383, sec.
15, effective July 13, 1984.
(a) Gross incompetency or gross negligence in the installation, repair, alteration, maintenance, inspection, or addition to fire protection sprinkler systems, as determined by the commissioner;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 198B.620
- 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
- 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) Conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in the business of fire protection sprinkler systems;
(d) Use of false evidence or misrepresentation in an application for a license or certificate;
(e) Signing or affixing his or her seal to any plans, prints, specifications or reports, which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of KRS § 198B.585; or
(f) Knowingly violating any provisions of KRS § 198B.550 to KRS § 198B.630 or the regulations issued thereunder.
(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the license of a fire protection sprinkler contractor or a certificate holder who engages in the fire protection sprinkler system business during a suspension of the license.
(3) Any person who engages in the drawings, installation, repair, alteration, extension, maintenance, or inspection of fire protection sprinkler systems or uses any title, sign, card, or device indicating or intending to indicate that he or she is a certified fire sprinkler contractor without having first obtained the requisite license or certificate shall be guilty of a Class A misdemeanor. Each violation shall be regarded as a separate offense.
(4) Any license or certificate holder who is aggrieved by a final order of the commissioner suspending or revoking a license may appeal to the Franklin Circuit Court or the Circuit Court of the county of the license or certificate holder’s place of business in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 38, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 284, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 82, sec. 4, effective July 15, 2008. — Amended 1996 Ky. Acts ch. 318, sec. 87, effective July 15, 1996. — Created 1984 Ky. Acts ch. 383, sec.
15, effective July 13, 1984.