201 KAR 26:140. Procedures for disciplinary hearings.
TO: KRS 319.092
AUTHORITY: KRS 319.032
FUNCTION, AND CONFORMITY: KRS 319.092 mandates a hearing upon the filing of a
complaint alleging a violation of KRS Chapter 319 to be conducted in accordance
with the provisions of KRS Chapter 13B. This administrative regulation
establishes procedures which supplement the provisions of KRS Chapter 13B.
1. Composition of the Hearing Panel. (1) Disciplinary actions shall be heard by
a hearing panel consisting of the hearing officer and at least one (1) board
member appointed by the board.
A board member who has participated in the investigation of an initiating
complaint or who has personal knowledge of the facts giving rise to the
complaint or for other reasons is unable to render a fair and impartial
decision shall not sit as a member of the panel hearing that particular
Separation of functions. No member, officer, or employee of the board who is
engaged in the performance of investigative or prosecutorial functions for the
board in a particular case or a factually related case, shall participate in or
advise in the decision of the disciplinary action, except as a witness or
counsel in the hearing.
2. Hearing Fee. If the board finds against the respondent on any charge, or if
the hearing is scheduled at the request of a credential holder or applicant for
relief from sanctions previously imposed by the board pursuant to the
provisions of KRS Chapter 319, a hearing fee in an amount equal to the costs of
stenographic services and the costs of the services of a hearing officer, if
any, shall be assessed against the respondent. In case of financial hardship,
the board may waive all or part of the fee.
Section 3. Notification of Action
Taken. A press release describing all final disciplinary actions taken by the
board to suspend, revoke, or refuse to issue or renew a license, restrict, or
place a credential holder on probation shall be provided as mandated by federal
law, to the Association for State and Provincial Psychology Boards for
publication in their data base, and at least to the newspapers with the largest
circulation in Louisville, Lexington, Frankfort, the city of business of the
respondent and to the AP wire service. Nothing in this administrative
regulation shall be construed to limit KRS 319.092(5).
(13 Ky.R. 2162; eff. 7-2-87; Am. 20 Ky.R. 580; 934; eff. 10-21-93; 28 Ky.R.
1461; 1803; eff. 2-7-2002.)