201 KAR 36:090. Administrative hearings for denials and revocation of probation.

 

      RELATES TO: KRS 335.515(3),(4), 335.545

      STATUTORY AUTHORITY: KRS 335.515(3), (4), (7)

      NECESSITY, FUNCTION AND CONFORMITY: KRS 335.515(3) requires the board to promulgate administrative regulations necessary to carry out and enforce the provisions of KRS 335.500 to 335.599. KRS 335.515(4) requires the board to conduct administrative hearings as necessary pursuant to KRS Chapter 13B. This administrative regulation establishes the procedures for an individual to request an administrative hearing from the denial of or refusal to renew or reinstate a license, or revocation of a probated sanction.

 

      Section 1. Right of Administrative Hearing from a Denial of or Refusal to Renew or Reinstate a License. (1) The board shall issue written notice of the denial informing the applicant:

      (a) Of the specific reason for the board’s action, including:

      1. The statutory or regulatory violation; and

      2. The factual basis on which the denial is based; and

      (b) That the applicant may appeal the pending denial to the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed.

      (2) A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.

      (3) If the request for an appeal is not timely filed, the notice of denial shall be effective upon the expiration of the time for the certificate holder to request an appeal.

      (4) The documentary evidence shall be limited to the application and supporting documents submitted to the board during the application process and that was considered as part of the denial of the application.

      (5) A renewal applicant may petition the board, in writing, for a stay of the denial of the license until completion of the administrative hearing process.

 

      Section 2. Revocation of Probation. (1) If the board moves to revoke probation, the board shall issue written notice of the revocation and inform the probationee:

      (a) Of the factual basis on which the revocation is based;

      (b) Of each probation term violated;

      (c) Of the sanction to be imposed; and

      (d) That the probationee may appeal the revocation to the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed. The notification shall be sent to the last known address on file with the board for the certificate holder.

      (2) A written request for an administrative hearing shall be filed with the board within twenty (20) calendar days after receipt of this notification, excluding the day he or she receives notice, or the date that the notification is returned to the board as unclaimed. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.

      (3) If the request for an administrative hearing is not timely filed, the revocation shall be effective upon the expiration date for the certificate holder to request an appeal.

 

      Section 3. A request for an administrative hearing shall be sent to the Kentucky Board of Licensed Professional Counselors by mail to P.O. Box 1360, Frankfort, Kentucky 40602 or by hand-delivery to 911 Leawood Drive, Frankfort, Kentucky 40601.

 

      Section 4. An administrative hearing shall be governed in accordance with KRS Chapter 13B.

 

      Section 5. If the final order of the board is adverse to a licensee or applicant, or if the hearing is scheduled at the request of a licensee or applicant for relief from sanctions previously imposed by the board, the costs in an amount equal to the cost of stenographic services, the cost of the hearing officer, and the board’s attorney fees shall be assessed against the licensee or applicant. In a case of financial hardship, the board may waive all or part of the fee. (43 Ky.R. 843, 1412, 1546; eff. 843, 1412, 1546; eff. 3-31-2017.)