Kentucky Statutes 333.200 – Hearing on revocation or suspension of license — Effective date of final order — Appeal
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(1) In every proceeding for suspension or revocation of a license, the cabinet shall afford the medical laboratory director the opportunity for an administrative hearing to be conducted in accordance with KRS Chapter 13B. A license may be temporarily suspended through the issuance of an emergency order pursuant to KRS
13B.125 for a period not in excess of twenty (20) days upon notice to the medical laboratory director following a finding by the cabinet that the public health, safety, or welfare is in imminent danger.
(2) Except as otherwise provided in this subsection, every final order of the cabinet suspending or revoking a license shall become effective thirty (30) days after notice is given to the medical laboratory director, unless the director within thirty (30) days from the giving of the notice, appeals therefrom in the manner provided by subsection (3) of this section. Provided, however, that the cabinet may, when in its opinion the continued operation of the medical laboratory during the time allowed for appeal would be dangerous to the health, welfare, and safety of the public, provide in its final order of suspension or revocation that the order shall become effective forthwith; and in this event the cabinet’s order of suspension or revocation shall become effective as of the date specified therein, and the medical laboratory shall not, after notice of same, continue to operate under the license after revocation or during the period of suspension, unless and until the cabinet order is reversed or modified by a final and unappealable order or judgment of a court made pursuant to the provisions of subsection (3) of this section.
(3) Any medical laboratory which is aggrieved by a final order of the cabinet placing it on probation, or suspending or revoking its license may procure judicial review by filing a petition in the Circuit Court of Franklin County, Kentucky, in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 305, effective July 15, 1996. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(11). — Created 1968 Ky. Acts ch.
180, sec. 24.
13B.125 for a period not in excess of twenty (20) days upon notice to the medical laboratory director following a finding by the cabinet that the public health, safety, or welfare is in imminent danger.
Terms Used In Kentucky Statutes 333.200
- 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.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 333.020
- Medical laboratory: means any institution, building, place, or any other facility in which operations and procedures for the microbiological, serological, chemical, hematological, immunohematological, biophysical, cytological, pathological, or other methods of examination of tissues including blood, secretions, and excretions of the human body are performed to obtain information in diagnosing, preventing, or treating disease, or in which the results of any examination, determination, or test are used as a basis for health advice. See Kentucky Statutes 333.020
- Medical laboratory director: means the individual who is responsible for the administrative, scientific, and technical operation of the medical laboratory, including supervision of laboratory procedures, reporting of findings, and active participation to such extent as may be necessary to assure compliance with the law. See Kentucky Statutes 333.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) Except as otherwise provided in this subsection, every final order of the cabinet suspending or revoking a license shall become effective thirty (30) days after notice is given to the medical laboratory director, unless the director within thirty (30) days from the giving of the notice, appeals therefrom in the manner provided by subsection (3) of this section. Provided, however, that the cabinet may, when in its opinion the continued operation of the medical laboratory during the time allowed for appeal would be dangerous to the health, welfare, and safety of the public, provide in its final order of suspension or revocation that the order shall become effective forthwith; and in this event the cabinet’s order of suspension or revocation shall become effective as of the date specified therein, and the medical laboratory shall not, after notice of same, continue to operate under the license after revocation or during the period of suspension, unless and until the cabinet order is reversed or modified by a final and unappealable order or judgment of a court made pursuant to the provisions of subsection (3) of this section.
(3) Any medical laboratory which is aggrieved by a final order of the cabinet placing it on probation, or suspending or revoking its license may procure judicial review by filing a petition in the Circuit Court of Franklin County, Kentucky, in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 305, effective July 15, 1996. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(11). — Created 1968 Ky. Acts ch.
180, sec. 24.