Kentucky Statutes 322A.030 – Board — Meetings — Duties and powers — Order and appeals — Roster of registered professional geologists — Code of professional conduct
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(1) The board shall meet at least once each calendar year and at other times deemed necessary by the chair or a quorum of the board upon being given ten (10) days’ notice.
(2) A roster showing the names and places of business of all registered professional geologists shall be published by the secretary of the board each year. Copies of this roster shall be made available to each person registered, placed on file with the secretary of the board, and furnished to the public upon request.
(3) The board shall pass upon the qualifications of applicants for registration.
(4) The board shall require from applicants for registration evidence of their qualifications and shall judge each applicant on evidence of the applicant’s professional competency and integrity in accordance with administrative regulations promulgated by the board.
(5) The board may promulgate administrative regulations consistent with the provisions of this chapter appropriate and necessary to the conduct of its responsibilities and duties.
(6) The board shall promulgate by administrative regulation a code of professional conduct, a copy of which shall be distributed to every registered geologist. Mailing of a copy of this code to persons listed in the roster maintained under subsection (2) of this section shall constitute due notice to all registrants. The board may revise and amend the code of ethics from time to time, subject to the consent of the majority of the registrants, and shall notify each registrant in writing of any revisions or amendments.
(7) The board may take appropriate disciplinary action as provided for in KRS
322A.100, but only after written notice has been given the person concerned and the person is afforded an opportunity for a hearing to be conducted in accordance with KRS Chapter 13B.
(8) Any person or organization may prefer charges of fraud, deceit, gross negligence, or misconduct against any registrant. The charges shall be in writing, shall be sworn to by the person or officer of the organization making them, and shall then be filed with the board.
(9) Any Kentucky resident who feels aggrieved by any final order of the board may appeal to the Circuit Court of the county where the person resides or where the person has his or her principal office in accordance with KRS Chapter 13B. Any out-of-state resident who feels aggrieved by any final order of the board may appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B.
(10) The Attorney General or any assistants designated by him or her shall act as legal advisers to the board and render legal assistance as the board may from time to time require. The board may employ private counsel at its discretion. The cost of private counsel shall be paid exclusively from funds of the board.
(11) The board shall establish and maintain necessary offices within this
Commonwealth, employ personnel as necessary, and prescribe their duties and
compensation.
(12) For the purposes of enforcing the provisions of this chapter, investigating complaints or suspected violations of this chapter, and notifying proper law enforcement authorities, the board may:
(a) Administer oaths; (b) Receive evidence; (c) Interview persons;
(d) Issue subpoenas; and
(e) Require production of books, papers, documents, or other evidence.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 140, sec. 3, effective July 12, 2012. — Amended
1996 Ky. Acts ch. 318, sec. 286, effective July 15, 1996. — Created 1992 Ky. Acts ch. 64, sec. 3, effective July 14, 1992.
(2) A roster showing the names and places of business of all registered professional geologists shall be published by the secretary of the board each year. Copies of this roster shall be made available to each person registered, placed on file with the secretary of the board, and furnished to the public upon request.
Terms Used In Kentucky Statutes 322A.030
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Kentucky Board of Registration for Professional Geologists. See Kentucky Statutes 322A.010
- 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.
- Geologist: means a person who is qualified by reason of his or her knowledge of the principles of geology, acquired by professional education and practical experience, to engage in the public practice of geology. See Kentucky Statutes 322A.010
- Quorum: The number of legislators that must be present to do business.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The board shall pass upon the qualifications of applicants for registration.
(4) The board shall require from applicants for registration evidence of their qualifications and shall judge each applicant on evidence of the applicant’s professional competency and integrity in accordance with administrative regulations promulgated by the board.
(5) The board may promulgate administrative regulations consistent with the provisions of this chapter appropriate and necessary to the conduct of its responsibilities and duties.
(6) The board shall promulgate by administrative regulation a code of professional conduct, a copy of which shall be distributed to every registered geologist. Mailing of a copy of this code to persons listed in the roster maintained under subsection (2) of this section shall constitute due notice to all registrants. The board may revise and amend the code of ethics from time to time, subject to the consent of the majority of the registrants, and shall notify each registrant in writing of any revisions or amendments.
(7) The board may take appropriate disciplinary action as provided for in KRS
322A.100, but only after written notice has been given the person concerned and the person is afforded an opportunity for a hearing to be conducted in accordance with KRS Chapter 13B.
(8) Any person or organization may prefer charges of fraud, deceit, gross negligence, or misconduct against any registrant. The charges shall be in writing, shall be sworn to by the person or officer of the organization making them, and shall then be filed with the board.
(9) Any Kentucky resident who feels aggrieved by any final order of the board may appeal to the Circuit Court of the county where the person resides or where the person has his or her principal office in accordance with KRS Chapter 13B. Any out-of-state resident who feels aggrieved by any final order of the board may appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B.
(10) The Attorney General or any assistants designated by him or her shall act as legal advisers to the board and render legal assistance as the board may from time to time require. The board may employ private counsel at its discretion. The cost of private counsel shall be paid exclusively from funds of the board.
(11) The board shall establish and maintain necessary offices within this
Commonwealth, employ personnel as necessary, and prescribe their duties and
compensation.
(12) For the purposes of enforcing the provisions of this chapter, investigating complaints or suspected violations of this chapter, and notifying proper law enforcement authorities, the board may:
(a) Administer oaths; (b) Receive evidence; (c) Interview persons;
(d) Issue subpoenas; and
(e) Require production of books, papers, documents, or other evidence.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 140, sec. 3, effective July 12, 2012. — Amended
1996 Ky. Acts ch. 318, sec. 286, effective July 15, 1996. — Created 1992 Ky. Acts ch. 64, sec. 3, effective July 14, 1992.