Board of Medical Imaging and Radiation Therapy
(As Amended at ARRS, January 8, 2018)
201 KAR 46:095. Administrative subpoena.
RELATES TO: KRS 311B.050(7), 311B.160, 311B.170
STATUTORY AUTHORITY: KRS 311B.050(1), (2), KRS 311B.050(7)
FUNCTION, AND CONFORMITY: KRS 311B.050(1) and (2) require the Board of Medical
Imaging and Radiation Therapy to promulgate administrative regulations to
administer and enforce KRS Chapter 311B[
KRS 311B.050(7) requires[ authorizes] the board to investigate[ investigation]
suspected and alleged violations of KRS Chapter 311B[ or 201 KAR
Chapter 46]. This administrative regulation establishes procedures
for issuing an administrative subpoena, which is necessary to investigate and
resolve suspected and alleged violations.
Administrative Subpoenas. (1) The board shall issue a subpoena in accordance
with KRS 311B.050(7)[
335.515(2)] to require
of books, electronic records, papers, documents, or other evidence at a specified time and place.
(a) Provide the information in a readable format; and
(b) Provide proof acceptable to the board that the requested information has been translated to a readable format without error or omission.
Section 3. Noncompliance. (1) If a person fails without good cause to produce requested documents in accordance with Section 2(1) of this administrative regulation, the board may apply to the circuit court of the county in which compliance is sought for an appropriate order to compel compliance with the provisions of the subpoena.
(2) If a person served with a subpoena issued pursuant to Section 2(1) of this administrative regulation believes that the subpoena seeks to compel the production of documents that are protected, privileged, or not properly the subject of an administrative subpoena, the individual may, prior to the date designated for the production of the documents, apply to the circuit court of the county in which compliance is sought for an appropriate protective order limiting the scope of the subpoena or quashing it entirely.
AMY ADKINS, Chair
APPROVED BY AGENCY: November 15, 2017
FILED WITH LRC: November 15, 2017 at 11 a.m.
CONTACT PERSON: Elizabeth Morgan, Executive Director, Board of Medical Imaging and Radiation Therapy, 42 Fountain Place, Frankfort, Kentucky 40601, phone (502) 782-5687, fax (502) 782-6495, email email@example.com.