Section 238.565 - [Effective 7/1/2025] Appeals of administrative actions(1) A license holder may appeal any administrative action taken under KRS 238.560. A license holder shall be notified in writing of any action to be taken against him or her. The notification may be delivered in person or mailed by certified mail, return receipt requested, to the last known address of the license holder. Service of notification of administrative action, whether by hand delivery or by certified mail, shall be deemed complete if the license holder fails or refuses to accept delivery. For service by hand delivery, notification shall be deemed received upon acceptance of delivery or upon failure or refusal to accept delivery, and the person affecting service on behalf of the office shall record the fact of the failure or refusal. For service by certified mail, the notification of administrative action shall be deemed received when the license holder accepts delivery or fails or refuses to accept delivery at the last known address. The notification shall specify the charges against the license holder, specify the proposed administrative sanction, and advise the license holder of the right to appeal the decision within ten (10) days of the date of receipt of the notification.(2) Upon receipt of an appeal, the board shall schedule the matter for an administrative hearing that shall be conducted in accordance with KRS Chapter 13B.(3) Any provisions of KRS Chapter 13B notwithstanding, within twenty (20) days after the conclusion of a hearing, the hearing officer shall prepare and present to the board a recommended order based on findings of fact and conclusions of law. Within thirty (30) days of receipt of the recommended order, the board shall affirm, reject, or modify, in whole or in part, the recommended order and shall issue a final order. The final order shall be the final administrative action on the matter and a copy of the final order shall be mailed to the license holder, by certified mail, return receipt requested.(4) Pursuant to KRS 13B.120(7), the board shall automatically hear and issue a final order regarding any decision of the office that would otherwise be subject to appeal.(5)Any administrative action taken under this section shall, upon appeal, be stayed until a final order is issued, with the exception of a summary suspension. The board may issue an emergency order pursuant to KRS 13B.125 to summarily suspend a license upon finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, safety, or welfare.(6) A final order of the board may be appealed to the Circuit Court of the county where the appellant works or resides in accordance with KRS Chapter 13B. If the license holder against whom administrative action is proposed does not request an appeal of the action, the board shall enter a final order imposing the proposed administrative action.Amended by 2024 Ky. Acts ch. 171,§ 27, eff. 7/1/2025.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 547, effective7/15/2010. -- Amended 2000, Ky. Acts ch. 374, sec. 15, effective 7/14/2000. -- Amended 1996, Ky. Acts ch. 318, sec. 158, effective 7/15/1996. -- Created 1994 Ky. Acts ch. 66, sec. 14, effective 3/16/1994.This section is set out more than once due to postponed, multiple, or conflicting amendments.