Kentucky Statutes 334A.175 – Complaints — Procedure — Disciplinary sanctions — Prohibited conduct
Current as of: 2024 | Check for updates
|
Other versions
(1) (a) Any person who desires to make a complaint against a licensee under this chapter shall file a written complaint with the board.
(b) The board may conduct an investigation into any complaint which it feels may constitute a violation of this chapter or the administrative regulations it promulgates.
(c) The board may require that the licensee file a written statement or report regarding the facts and circumstances concerning the complaint along with other information, material, or data reasonably related to it.
(d) The board may request the assistance of the Attorney General in connection with an investigation.
(e) The board may employ the services of a hearing officer to:
1. Conduct hearings and prehearing conferences;
2. Advise the board as to legal matters; and
3. Provide other legal services deemed appropriate by the board.
(2) If the board determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended, revoked, or subject to reprimand or fine, it shall conduct a hearing in accordance with KRS Chapter 13B.
(3) The provisions of this chapter shall in no way limit the jurisdiction and authority of the Attorney General to take any necessary action under the Kentucky Consumer Protection Act, KRS § 367.110 to KRS § 367.300.
(4) The board may suspend, revoke, refuse to issue or renew any license for a fixed period of time, place on probation, issue a written reprimand to a licensee, levy a fine not to exceed one thousand dollars ($1,000), or any combination thereof, based on a finding of the board that a person licensed under this chapter has committed any of the following acts:
(a) Change of personal name, corporate name, charter, entity, or partnership name or composition to avoid the imposition of liens or court action;
(b) The conviction of a felony or misdemeanor, if in accordance with KRS Chapter 335B, including KRS § 335B.020. The record of conviction, or a copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of that conviction;
(c) Procuring of a license by fraud or deceit practiced upon the board;
(d) Unethical conduct as defined by the board by promulgation of an administrative regulation;
(e) Engaging in any unfair, false, misleading, or deceptive act or practice;
(f) Incompetence or negligence in the practice of selling or fitting hearing instruments; or
(g) Violating any provision of this chapter or administrative regulation promulgated by the board.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 46, sec. 5, effective July 14, 2022.
(b) The board may conduct an investigation into any complaint which it feels may constitute a violation of this chapter or the administrative regulations it promulgates.
Terms Used In Kentucky Statutes 334A.175
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Kentucky Board of Speech-Language Pathology and Audiology. See Kentucky Statutes 334A.020
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, organization, or corporate body, except that only individuals can be licensed under this chapter. See Kentucky Statutes 334A.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) The board may require that the licensee file a written statement or report regarding the facts and circumstances concerning the complaint along with other information, material, or data reasonably related to it.
(d) The board may request the assistance of the Attorney General in connection with an investigation.
(e) The board may employ the services of a hearing officer to:
1. Conduct hearings and prehearing conferences;
2. Advise the board as to legal matters; and
3. Provide other legal services deemed appropriate by the board.
(2) If the board determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended, revoked, or subject to reprimand or fine, it shall conduct a hearing in accordance with KRS Chapter 13B.
(3) The provisions of this chapter shall in no way limit the jurisdiction and authority of the Attorney General to take any necessary action under the Kentucky Consumer Protection Act, KRS § 367.110 to KRS § 367.300.
(4) The board may suspend, revoke, refuse to issue or renew any license for a fixed period of time, place on probation, issue a written reprimand to a licensee, levy a fine not to exceed one thousand dollars ($1,000), or any combination thereof, based on a finding of the board that a person licensed under this chapter has committed any of the following acts:
(a) Change of personal name, corporate name, charter, entity, or partnership name or composition to avoid the imposition of liens or court action;
(b) The conviction of a felony or misdemeanor, if in accordance with KRS Chapter 335B, including KRS § 335B.020. The record of conviction, or a copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of that conviction;
(c) Procuring of a license by fraud or deceit practiced upon the board;
(d) Unethical conduct as defined by the board by promulgation of an administrative regulation;
(e) Engaging in any unfair, false, misleading, or deceptive act or practice;
(f) Incompetence or negligence in the practice of selling or fitting hearing instruments; or
(g) Violating any provision of this chapter or administrative regulation promulgated by the board.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 46, sec. 5, effective July 14, 2022.