Kentucky Statutes 323.130 – Hearing in disciplinary action — Appeal
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(1) In any action taken pursuant to KRS § 323.120, the board shall conduct a hearing in accordance with the provisions of this chapter and KRS Chapter 13B. The hearing may be conducted by the full board or at its designation, a member thereof, a panel of the board, a hearing officer, or a combination of the foregoing;
(2) If the hearing is conducted by less than a majority of the full board, or by a hearing officer, the board members or hearing officer, as the case may be, may only issue a recommended order, and the recommended order shall be subject to review by a majority of the full board, which shall issue a final order; and
(3) The board may proceed against a licensee on its own initiative, on the basis of either information contained in its own records or information obtained through its informal investigation. If a formal complaint verified by affidavit is filed with the board by a responsible citizen or organization, containing allegations that if true would warrant action pursuant to KRS § 323.120, the board may proceed against the licensee.
(4) Any final order of the board may be appealed to Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 287, effective July 15, 1996. — Amended 1990 Ky. Acts ch. 190, sec. 8, effective July 13, 1990. — Amended 1980
Ky. Acts ch. 114, sec. 79, effective July 15, 1980. — Amended 1974 Ky. Acts ch.
315, sec. 58. — Amended 1960 Ky. Acts ch. 218, sec. 11. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.
(2) If the hearing is conducted by less than a majority of the full board, or by a hearing officer, the board members or hearing officer, as the case may be, may only issue a recommended order, and the recommended order shall be subject to review by a majority of the full board, which shall issue a final order; and
Terms Used In Kentucky Statutes 323.130
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Kentucky Board of Architects. See Kentucky Statutes 323.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(3) The board may proceed against a licensee on its own initiative, on the basis of either information contained in its own records or information obtained through its informal investigation. If a formal complaint verified by affidavit is filed with the board by a responsible citizen or organization, containing allegations that if true would warrant action pursuant to KRS § 323.120, the board may proceed against the licensee.
(4) Any final order of the board may be appealed to Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 287, effective July 15, 1996. — Amended 1990 Ky. Acts ch. 190, sec. 8, effective July 13, 1990. — Amended 1980
Ky. Acts ch. 114, sec. 79, effective July 15, 1980. — Amended 1974 Ky. Acts ch.
315, sec. 58. — Amended 1960 Ky. Acts ch. 218, sec. 11. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.