Kentucky Statutes 216B.105 – License procedure — Hearings — Decisions of cabinet to be in writing and of record
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(1) Unless otherwise provided in this chapter, no person shall operate any health facility in this Commonwealth without first obtaining a license issued by the cabinet, which license shall specify the kind or kinds of health services the facility is authorized to provide. A license shall not be transferable and shall be issued for a specific location and, if specified, a designated geographical area.
(2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it finds that there has been a substantial failure to comply with the provisions of this chapter or the administrative regulations promulgated hereunder. The denial, revocation, modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or other method of delivery which may include electronic service, a notice setting forth the particular reasons for the action. The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after notice is given, unless the applicant or licensee, within the thirty (30) day period, shall file a request in writing for a hearing with the cabinet.
(3) The hearing shall be before a person designated to serve as hearing officer by the secretary.
(4) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer’s findings. The applicant or licensee shall be entitled to be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony by witnesses or, if the cabinet so permits, by depositions. A full and complete record shall be kept of all hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this chapter. The cabinet may adopt the hearing officer’s findings and recommendations or prepare written findings of fact and state the basis for its decision which shall become part of the record of the proceedings.
(5) All decisions revoking, suspending, modifying or denying licenses shall be made by the cabinet in writing. The cabinet shall notify the applicant or licensee of the decision.
(6) The decision of the cabinet shall be final for purposes of judicial appeal upon notice of the cabinet’s decision.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 143, sec. 14, effective July 14, 2018. — Amended
1996 Ky. Acts ch. 371, sec. 54, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 512, Part 7, sec. 40, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 210, sec. 24, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 347, sec. 20, effective July 15, 1982. — Created 1980 Ky. Acts ch. 135, sec. 20, effective July 15, 1980.
(2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it finds that there has been a substantial failure to comply with the provisions of this chapter or the administrative regulations promulgated hereunder. The denial, revocation, modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or other method of delivery which may include electronic service, a notice setting forth the particular reasons for the action. The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after notice is given, unless the applicant or licensee, within the thirty (30) day period, shall file a request in writing for a hearing with the cabinet.
Terms Used In Kentucky Statutes 216B.105
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) The hearing shall be before a person designated to serve as hearing officer by the secretary.
(4) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer’s findings. The applicant or licensee shall be entitled to be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony by witnesses or, if the cabinet so permits, by depositions. A full and complete record shall be kept of all hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this chapter. The cabinet may adopt the hearing officer’s findings and recommendations or prepare written findings of fact and state the basis for its decision which shall become part of the record of the proceedings.
(5) All decisions revoking, suspending, modifying or denying licenses shall be made by the cabinet in writing. The cabinet shall notify the applicant or licensee of the decision.
(6) The decision of the cabinet shall be final for purposes of judicial appeal upon notice of the cabinet’s decision.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 143, sec. 14, effective July 14, 2018. — Amended
1996 Ky. Acts ch. 371, sec. 54, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 512, Part 7, sec. 40, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 210, sec. 24, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 347, sec. 20, effective July 15, 1982. — Created 1980 Ky. Acts ch. 135, sec. 20, effective July 15, 1980.