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;
(e) Computer files;
(g) Audio and video recordings;
(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
(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;