201 KAR 21:053. Appeal of revocation of probation.
RELATES TO: KRS 312.150, 312.163
STATUTORY AUTHORITY: KRS 312.019(9), 312.163
NECESSITY, FUNCTION, AND CONFORMITY: KRS
312.019(9) authorizes the board to promulgate administrative regulations consistent
with KRS Chapter 312. KRS 312.163(3) requires the board to provide an
administrative hearing to a licensee who is the subject of board discipline. This
administrative regulation establishes procedures for a licensee to appeal a
revocation of probation.
Section 1. Revocation of Probation.
(1) If the board moves to revoke the probation of a licensee, the board shall
issue to the last known address on file with the board for the licensee, a
notice of revocation and inform the licensee:
(a) The factual basis on which the
revocation is based;
(b) Each probation term violated; and
(c) That the licensee may appeal the
revocation to the board. An appeal shall be made within fifteen (15) days of
the date of notification
(2) A written request for an
administrative hearing shall be filed with the board within fifteen (15)
calendar days of the date of the board's notice. This request shall be sent to
the Kentucky Board of Chiropractic Examiners, P.O. Box 183, Glasgow, Kentucky
42142 or by personal delivery to 209 South Green Street, Glasgow, Kentucky.
(3) If the request for an appeal is not filed
by the deadline established in subsections (1)(c) and (2) of this section, the
notice of revocation shall be effective upon the expiration of the time for the
licensee to request an appeal.
(4) The administrative hearing shall be
conducted in accordance with KRS Chapter 13B. (40 Ky.R. 1512; Am. 2122; eff.