201 KAR 41:060. Renewal and reinstatement

procedures.

 

      RELATES TO: KRS 164.772, 329A.045(1)-(3),

(8), (11)

      STATUTORY AUTHORITY: KRS 329A.025(2)(a),

(3)(e)

      NECESSITY, FUNCTION AND CONFORMITY: KRS

329A.025(3)(e) states that the board may renew licenses. KRS 329A.025(2)(a) requires

the board to implement the provisions of KRS 329A.010 to 329A.090 through the

promulgation of administrative regulations. This administrative regulation provides

directions for the biennial renewal of these licenses.

 

      Section 1. An individual private

investigator license shall be renewed upon:

      (1) Payment of the biennial renewal fee established

in 201 KAR 41:040, Section 4(1); and

      (2) Submission of a completed PI

Individual License Renewal Form with the following written information to the

board:

      (a) Documentation of completion of

continuing professional education requirements during the licensure renewal

period established in 201 KAR 41:070;

      (b) Written confirmation that, since the

license was issued or renewed, the licensee has not:

      1. Been convicted of a felony;

      2. Had the license disciplined and is not

currently under disciplinary review in Kentucky or another state; or

      3. Defaulted on the repayment obligation

of financial aid programs administered by the Kentucky Higher Education Assistance

Authority (KHEAA) per KRS 164.772 or on the repayment obligation of financial

aid programs administered by any other state or federal agency; and

      (c)1. Documentation of proof of

continuous insurance coverage for the entire licensure period.

      2. Copies of the certificate of liability

insurance shall be submitted along with the renewal application.

 

      Section 2. A licensee convicted of a

felony or disciplined in the interim period between issuance and renewal of the

license, or between renewal periods, shall submit notice of conviction or

discipline along with a written explanation to the board prior to license renewal.

 

      Section 3. If payment and complete

information are not received by the board on or before September 1 of the

renewal year, the license shall terminate and the person shall not work as a

private investigator in Kentucky.

 

      Section 4. Company License Renewal.

Private investigation companies who want to renew their licenses shall submit a

completed PI Company License Renewal Form and comply with the provisions of KRS

329A.045(3).

 

      Section 5. A terminated license shall be

reinstated, if the applicant submits:

      (1) A completed Application for

Reinstatement form within five (5) years of the termination date;

      (2)(a) Evidence of receiving twelve (12)

hours of continuing education within the two (2) year period immediately preceding

the date that reinstatement is requested; or

      (b)1. Evidence of receiving six (6) hours

of continuing education within the first six (6) months of reinstatement of

licensure.

      2. Failure to obtain six (6) hours within

six (6) months shall result in termination of licensure.

      3. This requirement is in addition to the

continuing education requirements for licensure renewal established in 201 KAR

41:070; and

      (3) Payment of renewal and reinstatement

fees set forth in 201 KAR 41:040.

 

      Section 6. A license previously revoked

as a disciplinary action shall be considered for reinstatement as follows:

      (1) An applicant for reinstatement shall:

      (a) Submit to the board fifteen (15) days

prior to the next scheduled meeting, a letter:

      1. Requesting reinstatement; and

      2. Specifying the manner in which the

applicant for reinstatement has complied with the terms of a disciplinary order

of the board, if applicable;

      (b) Meet the requirements established in

Section 5(2) of this administrative regulation; and

      (c) Pay of renewal and reinstatement fees

as established in 201 KAR 41:040.

      (2) Upon receipt of an Application for

Reinstatement, the board shall:

      (a) Review the request for reinstatement

and the Final Order; and

      (b) Affirm or deny the request; or

      (c) State in writing the corrective or

remedial education, training, or review required before reinstatement shall be

granted.

      (3) The board shall not consider a request

for reinstatement submitted to the board prior to the end of a revocation

period.

 

      Section 7. (1) An applicant whose request

for reinstatement is denied may file a written request for a hearing before the

board within thirty (30) days of the letter denying reinstatement.

      (2) A hearing held pursuant to the

provisions of this section shall be conducted in accordance with KRS Chapter

13B.

 

      Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "PI Company License Renewal

Form", 2008 Edition;

      (b) "PI Individual License Renewal

Form", 2008 Edition; and

      (c) "Application for Reinstatement",

2008 Edition.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at Kentucky Board of

Licensure for Private Investigators, 911 Leawood Drive, Frankfort, Kentucky

40601, Monday through Friday, 8 a.m. to 4:30 p.m. (32 Ky.R. 2389; 33 Ky.R.

727; eff. 10-6-2006; 35 Ky.R. 624; 1444; eff. 1-5-2009.)