201 KAR 31:100. Administrative subpoena.

 

      RELATES TO: KRS 322A.030(12)

      STATUTORY AUTHORITY: KRS 322A.030(5), (12)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

322A.030(5) authorizes the Kentucky Board of Registration

for Professional Geologists to promulgate administrative regulations required

to perform its duties. KRS 322A.030(12) authorizes the board to issue subpoenas

to assist in the investigation of a complaint or a suspected violation of KRS

Chapter 322A. This administrative regulation establishes procedures for issuing

an administrative subpoena.

 

      Section 1. Definitions. (1) "Document" means information

in any form or format that is relevant to a review or investigation conducted

by the board and may include:

      (a) Originals, copies, and drafts;

      (b) Written documents;

      (c) Papers;

      (d) Books;

      (e) Computer files;

      (f) Photographs;

      (g) Audio and video recordings;

      (h) Correspondence;

      (i) Electronic mail; or

      (j) Drawings and blueprints.

      (2) "Respondent" means any person, individual, corporation, business

trust, estate, trust partnership, limited liability company, association,

organization, joint venture, government or any subdivision, agency or

instrumentality thereof, or any other legal or commercial entity.

 

      Section 2. The Kentucky Board of Registration for Professional Geologists

may issue an administrative subpoena to investigate a complaint or suspected

violation of KRS Chapter 322A.

 

      Section 3. Administrative

Subpoenas. (1) The board shall issue a subpoena in accordance with KRS

322A.030(12) to require the production of books, papers, documents, or other evidence at a specified

time and place.

      (2) If information requested

by the board is encrypted, the respondent shall:

      (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.

      (3) A person or entity served

with a subpoena in accordance with subsection (1) of this section shall not

intentionally destroy, alter, or falsify documents requested by the board.

 

      Section 4. Noncompliance. (1)

If a person fails without good cause to produce requested documents in

accordance with Section 3(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 3(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. (41 Ky.R. 210; Am. 441;

eff. 10-3-2014.)