Kentucky Statutes 309.318 – Board’s disciplinary powers — Reasons for sanctions — Appeal to Franklin Circuit Court
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(1) The board may refuse to issue a license or suspend, revoke, impose probationary conditions upon, impose an administrative fine, issue a written reprimand, or any combination thereof regarding any licensee upon proof that the licensee has:
(a) Been convicted of a crime as described in KRS § 335B.010(4) that directly relates to the occupation of interpreter, if in accordance with KRS Chapter
335B. A plea of “no contest” may be treated as a conviction for purposes of disciplinary action;
(b) Knowingly misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof;
(c) Committed any fraudulent act or practice;
(d) Been incompetent or negligent in the practice of interpreting;
(e) Violated any state statute or administrative regulation governing the practice of interpreting;
(f) Violated the code of ethics of the national organization issuing the licensee’s certification as incorporated in administrative regulation; or
(g) Violated any federal or state law considered by the board to be applicable to the practice of interpreting.
(2) 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.
(3) At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee which effectively deals with the complaint.
(4) The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary action.
(5) Five (5) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in the practice of interpreting.
(6) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 43, effective June 29, 2017. — Created 1998 Ky. Acts ch. 11, sec. 11, effective July 15, 1998.
(a) Been convicted of a crime as described in KRS § 335B.010(4) that directly relates to the occupation of interpreter, if in accordance with KRS Chapter
Terms Used In Kentucky Statutes 309.318
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
335B. A plea of “no contest” may be treated as a conviction for purposes of disciplinary action;
(b) Knowingly misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof;
(c) Committed any fraudulent act or practice;
(d) Been incompetent or negligent in the practice of interpreting;
(e) Violated any state statute or administrative regulation governing the practice of interpreting;
(f) Violated the code of ethics of the national organization issuing the licensee’s certification as incorporated in administrative regulation; or
(g) Violated any federal or state law considered by the board to be applicable to the practice of interpreting.
(2) 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.
(3) At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee which effectively deals with the complaint.
(4) The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary action.
(5) Five (5) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in the practice of interpreting.
(6) Any party aggrieved by a disciplinary action of the board may bring an action in
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 43, effective June 29, 2017. — Created 1998 Ky. Acts ch. 11, sec. 11, effective July 15, 1998.