Kentucky Statutes 198B.6415 – Suspension, revocation, or nonrenewal of certification — 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 certification of a certified fire sprinkler inspector for any of the following actions:
(a) Use of false evidence or misrepresentation in an application for a fire sprinkler inspector’s certification;
(b) Attempting to transfer authority granted to the certified inspector to another individual;
(c) Incompetence or negligence in the inspection of fire protection sprinkler systems as determined by the commissioner;
(d) Conviction of a felony or of any crime an element of which is dishonesty or fraud, under the laws of any state or of the United States;
(e) Fraudulent or dishonest practices while engaging in the business of sprinkler system inspections;
(f) Aiding or abetting any person attempting to evade the provisions of this chapter; or
(g) Violating any provision of this chapter or the administrative regulations promulgated thereunder.
(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the certification of a fire sprinkler inspector who engages in inspection activities during a suspension of his or her certification.
(3) Any certification holder who is aggrieved by a final order of the commissioner, resulting in the suspension or revocation of certification, may appeal to the Circuit Court of the county of the certified inspector’s place of business in accordance with KRS Chapter 13B.
Effective: July 1, 2011
History: Created 2010 Ky. Acts ch. 116, sec. 37, 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. 37, 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 a fire sprinkler inspector’s certification;
Terms Used In Kentucky Statutes 198B.6415
- 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.
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Attempting to transfer authority granted to the certified inspector to another individual;
(c) Incompetence or negligence in the inspection of fire protection sprinkler systems as determined by the commissioner;
(d) Conviction of a felony or of any crime an element of which is dishonesty or fraud, under the laws of any state or of the United States;
(e) Fraudulent or dishonest practices while engaging in the business of sprinkler system inspections;
(f) Aiding or abetting any person attempting to evade the provisions of this chapter; or
(g) Violating any provision of this chapter or the administrative regulations promulgated thereunder.
(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the certification of a fire sprinkler inspector who engages in inspection activities during a suspension of his or her certification.
(3) Any certification holder who is aggrieved by a final order of the commissioner, resulting in the suspension or revocation of certification, may appeal to the Circuit Court of the county of the certified inspector’s place of business in accordance with KRS Chapter 13B.
Effective: July 1, 2011
History: Created 2010 Ky. Acts ch. 116, sec. 37, 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. 37, 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.