201 KAR 20:460. Declaratory
RELATES TO: KRS 314.105, 314.131(2)
STATUTORY AUTHORITY: KRS 314.105(4)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 314.131(2) and 314.105(1) authorize the board to issue declaratory rulings.
KRS 314.105(4) authorizes the board to promulgate an administrative regulation
or procedures for submission, consideration, and disposition of a petition for
a declaratory ruling. This administrative regulation establishes those
Section 1. Definitions. (1)
"Board" means the board of nursing.
(2) "Declaratory ruling"
means a ruling by the board that addresses a question properly submitted to the
board for consideration.
(3) "Person" means an
individual, an agency, association, corporation, or any other entity.
Section 2. Form of Petition. (1) Any
person may file a petition with the Board of Nursing for a declaratory ruling
pursuant to KRS 314.105.
(2) The petition shall be signed by
one (1) or more persons, with each signer’s mailing address and telephone
number, and if available, fax number and email address, clearly indicated. If a
person signs on behalf of a corporation or association, that fact shall also be
indicated. The signer shall date the petition.
(3) The petition shall contain:
(a) A clear and concise statement of
all relevant facts on which the ruling is requested;
(b) A citation and the relevant
language of the specific statutes, administrative regulations, decisions,
orders, or other written statements of law or policy whose applicability is
questioned, and any other relevant law;
(c) The questions petitioner wants
answered, stated clearly and concisely;
(d) The petitioner’s desired answers
to the questions and a summary of the rationale supporting the desired answers;
(e) Any supportive documentation or
(f) A statement indicating whether
the petitioner is currently a party to another proceeding involving the
questions at issue and whether, to the petitioner’s knowledge, those questions
have been decided by, are pending determination by, or are under investigation
by, any governmental entity.
Section 3. Consideration. (1) The
board may schedule an informal meeting between the petitioner, any interested
persons, and the board, a member of the board, or a member of the staff of the
board, to discuss the question raised.
(2) In rendering its ruling, the
(a) Consider all materials submitted
with the petition;
(b) Consider any relevant document,
data, or other material; and
(c) Consider comments from the
(3) The board may:
(a) Consult experts or other
individuals as it deems necessary; and
(b) Require argument of the question
or permit the introduction of evidence.
Section 4. Issuance of Ruling or
Refusal to Issue Ruling. (1) The board shall issue a declaratory ruling in
response to the petition, unless one (1) of the provisions of subsection (2) of
this section applies.
(2) The board shall not issue a
declaratory ruling if one (1) of the following reasons applies:
(a) The board does not have jurisdiction
over the questions presented in the petition;
(b) The questions presented by the
petition are also presented in a disciplinary case, or other board or judicial
proceeding that may definitively decide them;
(c) The questions presented by the
petition would more properly be resolved in a different type of proceeding;
(d) The facts or questions presented
in the petition are unclear, overbroad, insufficient, or otherwise
inappropriate as a basis upon which to issue a ruling;
(e) There is no need to issue a
ruling because the questions raised in the petition have been settled due to a
change in circumstances;
(f) The petitioner requests the board
to determine whether a statute is unconstitutional; or
(g) The board concludes that a ruling
would not be in the public interest. (27 Ky.R. 2605; Am. 3080; eff. 6-8-2001.)