Kentucky Statutes 198B.730 – Disciplinary hearings — Emergency suspension — Persons not licensed to show cause — Cease and desist order
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(1) The procedures set forth in KRS Chapter 13B shall govern the board’s conduct of disciplinary hearings.
(2) The board may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the board’s determination if the board finds that the licensee would represent a clear and immediate danger to the public’s health, safety, or property if allowed to perform home inspections. The summary suspension may be renewed upon a hearing before the board for up to ninety (90) days.
(3) If the board:
(a) Determines that an individual is not licensed under KRS § 198B.700 to
198B.738 and is engaged in or believed to be engaged in activities for which a license is required under KRS § 198B.700 to KRS § 198B.738, the board shall issue an order to that individual requiring the individual to show cause why the individual should not be ordered to cease and desist from the activities. The show cause order shall set forth a date, time, and place for a hearing at which the individual shall appear and show cause why the individual should not be subject to licensing under KRS § 198B.700 to KRS § 198B.738;
(b) Prior to a hearing, the board may issue a cease and desist order that identifies the individual and describes activities that are the subject of the order.
(4) A cease and desist order issued under this section shall be enforceable in a Circuit
Court of the Commonwealth.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 11, effective June 8, 2011. — Created
2004 Ky. Acts ch. 109, sec. 16, effective July 13, 2004.
(2) The board may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the board’s determination if the board finds that the licensee would represent a clear and immediate danger to the public’s health, safety, or property if allowed to perform home inspections. The summary suspension may be renewed upon a hearing before the board for up to ninety (90) days.
Terms Used In Kentucky Statutes 198B.730
- 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.
(3) If the board:
(a) Determines that an individual is not licensed under KRS § 198B.700 to
198B.738 and is engaged in or believed to be engaged in activities for which a license is required under KRS § 198B.700 to KRS § 198B.738, the board shall issue an order to that individual requiring the individual to show cause why the individual should not be ordered to cease and desist from the activities. The show cause order shall set forth a date, time, and place for a hearing at which the individual shall appear and show cause why the individual should not be subject to licensing under KRS § 198B.700 to KRS § 198B.738;
(b) Prior to a hearing, the board may issue a cease and desist order that identifies the individual and describes activities that are the subject of the order.
(4) A cease and desist order issued under this section shall be enforceable in a Circuit
Court of the Commonwealth.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 11, effective June 8, 2011. — Created
2004 Ky. Acts ch. 109, sec. 16, effective July 13, 2004.