Kentucky Statutes 329A.065 – Disciplinary actions — Civil penalty — Permanent file — Assurance of voluntary compliance — Appeal
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(1) The board may refuse to issue a license, or suspend, revoke, impose probationary conditions, impose an administrative fine, issue a written reprimand, or any combination thereof regarding any licensee upon proof that the licensee or applicant has:
(a) Violated any provision of KRS § 329A.010 to KRS § 329A.090 or any administrative regulation promulgated by the board;
(b) Knowingly and willfully made a material misstatement in connection with an application for license or renewal;
(c) Been convicted of a felony, if in accordance with KRS Chapter 335B; (d) Practiced fraud, deceit, or misrepresentation;
(e) Committed any act that would have been cause for refusal to issue the license had it existed and been known to the board at the time of issuance;
(f) Been incompetent or negligent in the practice of private investigating; or
(g) Violated the code of ethics promulgated by administrative regulation by the board.
(2) In addition to or in lieu of any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000).
(3) When the board issues a written reprimand to the licensee a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
(4) At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee if the assurance effectively deals with the complaint.
(5) The board may reconsider, modify, or reverse its probation, suspension, or other disciplinary action.
(6) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court pursuant to the provisions of KRS Chapter 13B.
(7) A license shall be subject to expiration and renewal during any period in which the license is suspended.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 79, effective June 29, 2017. — Created 2002 Ky. Acts ch. 269, sec. 12, effective July 15, 2002.
(a) Violated any provision of KRS § 329A.010 to KRS § 329A.090 or any administrative regulation promulgated by the board;
Terms Used In Kentucky Statutes 329A.065
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) Knowingly and willfully made a material misstatement in connection with an application for license or renewal;
(c) Been convicted of a felony, if in accordance with KRS Chapter 335B; (d) Practiced fraud, deceit, or misrepresentation;
(e) Committed any act that would have been cause for refusal to issue the license had it existed and been known to the board at the time of issuance;
(f) Been incompetent or negligent in the practice of private investigating; or
(g) Violated the code of ethics promulgated by administrative regulation by the board.
(2) In addition to or in lieu of any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000).
(3) When the board issues a written reprimand to the licensee a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
(4) At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee if the assurance effectively deals with the complaint.
(5) The board may reconsider, modify, or reverse its probation, suspension, or other disciplinary action.
(6) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court pursuant to the provisions of KRS Chapter 13B.
(7) A license shall be subject to expiration and renewal during any period in which the license is suspended.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 79, effective June 29, 2017. — Created 2002 Ky. Acts ch. 269, sec. 12, effective July 15, 2002.