GENERAL
GOVERNMENT CABINET
Board of Alcohol and
Drug Counselors
(New Administrative
Regulation)
201 KAR 35:090. Appeal from a denial of
or refusal to renew or reinstate a registration, certificate, or license, or denial of continuing education
hours by the board.
RELATES TO: KRS 309.085, 309.086, 309.087
STATUTORY AUTHORITY: KRS 309.0813(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
309.086 authorizes the board to refuse to issue or renew a registration, certificate, or
license. KRS
309.085 authorizes the board to reinstate a registration, certificate, or license not renewed within
ninety (90) days of the renewal date and requested within one (1) year of the
anniversary date of issue of renewal. This administrative regulation
establishes procedures for appeals from the board refusing to issue, renew, or
reinstate a registration, certificate, or license or deny continuing education
hours.
Section 1. The board may:
(1) Deny issuance of a registration,
certificate, or license;
(2) Refuse to renew a registration,
certificate, or license;
or
(3) Refuse to reinstate a registration,
certificate, or license.
Section 2. (1) The board may deny, refuse
to renew, or refuse to reinstate a registration, certificate, or license to an applicant or credential
holder, who:
(a) Has entered an Alford plea
guilty, pleaded guilty, or has been convicted of a:
1. Felony; or
2. Misdemeanor;
(b) Has had disciplinary action taken
against a professional license, certificate, registration, or permit held by
the applicant or licensee in any jurisdiction or state, including Kentucky; or
(c) Has violated of a provision of KRS
309.080 to 309.089 or 201 KAR Chapter 35.
(2) The board shall base its decision on
the seriousness of the offense or disciplinary action, the length of time since
the offense or disciplinary action, and the applicant’s or credential holder’s
showing of remorse, rehabilitation, and restitution by clear and convincing
evidence.
Section 3. (1)(a) The board shall issue
written notice of the denial or refusal and inform the applicant or credential
holder of the specific reason for the board’s action, including:
1. The statutory or regulatory violation;
and
2. The factual basis on which the denial or
refusal is based; and
(b) The notice of denial or refusal shall
be sent to the last address provided to the board by the applicant or credential holder.
(2) A written request for an
administrative hearing shall be filed with the board within twenty (20) calendar days of the
date of the board's notice.
(3) If the request for an administrative hearing
is not timely filed, the denial or refusal shall be effective upon the
expiration of the time for the credential holder to request an appeal.
(4) The administrative hearing shall be
conducted in accordance with KRS Chapter 13B.
(5) A credential holder may petition the
board to stay the effectiveness of a refusal to renew.
Section 4. Appeal of Denial of Continuing
Education Hours by the board. (1) If an application for approval of continuing
education hours is denied, the credential holder or provider shall have the
right to appeal the board's decision.
(2) An appeal shall be:
(a) In writing;
(b) Received by the board within thirty
(30) days after the date of the decision denying approval of continuing
education hours; and
(c) Conducted in accordance with KRS
Chapter 13B.
Section 5. Any request for an
administrative hearing shall be sent to the Board of Alcohol and Drug Counselors by mail to
P.O. Box 1360, Frankfort, Kentucky 40602 or by delivery to 911 Leawood Drive,
Frankfort, Kentucky 40601.
GEOFFREY WILSON, Board Chairperson
APPROVED BY AGENCY: July 1, 2015
FILED WITH LRC: August 25, 2015 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD:
A public hearing on this administrative regulation shall be held on October 26,
2015, at 10:00 a.m. at Division of Occupations and Professions, 911 Leawood
Drive, Frankfort, Kentucky. Individuals interested in being heard at this
hearing shall notify this agency in writing no later than five business days
prior to the hearing, of their intent to attend. If no notification of intent
to attend the hearing is received by that date, the hearing may be canceled. This
hearing is open to the public. Any person who wishes to be heard will be given
an opportunity to comment on the proposed administrative regulation. A
transcript of the public hearing will not be made unless a written request for
a transcript is made. If you do not wish to be heard at the public hearing, you
may submit written comments on the proposed administrative regulation. Written
comments shall be accepted until close of business on November 2, 2015.
Send written notification of intent to attend the public hearing or submit
written comments on the proposed administrative regulation to:
CONTACT PERSON: Kelly Wells, Board
Administrator, Division of Occupations and Professions, 911 Leawood Drive,
Frankfort, Kentucky 40602, phone (502) 782-8814, fax
(502) 696-5898.
REGULATORY IMPACT
ANALYSIS AND TIERING STATEMENT
Contact person: Kelly Wells
(1) Provide a brief summary of:
(a) What this administrative regulation
does: This administrative regulation establishes the appeals process from the
denial of an application, refusal to renew or reinstate a registration,
certification, or license, or denial of continuing education hours by the board.
(b) The necessity of this administrative
regulation: This regulation is necessary to provide a party adversely affected
by a board’s decision to have a due process hearing.
(c) How this administrative regulation
conforms to the content of the authorizing statutes: The regulation is in
conformity as the authorizing statute gives the board the ability to promulgate
regulations regarding the administrative hearing process to appeal a denial of
or refusal to renew or reinstate a registration, certificate, or license.
(d) How this administrative regulation
currently assists or will assist in the effective administration of the
statutes: This regulation will provide a party adversely affected by a board’s
decision to have a due process hearing.
(2) If this is an amendment to an
existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this
existing administrative regulation: N/A.
(b) The necessity of the amendment to
this administrative regulation: N/A.
(c) How the amendment conforms to the
content of the authorizing statutes: N/A.
(d) How the amendment will assist in the
effective administration of the statutes: N/A.
(3) List the type and number of
individuals, businesses, organizations, or state and local governments affected
by this administrative regulation: The board is unable to determine the exact
number of persons who would be impacted by this regulation since the
applications vary from month to month. There are presently 859 Certified
Alcohol and Drug Counselors.
(4) Provide an analysis of how the
entities identified in question (3) will be impacted by either
the implementation of this administrative
regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the
regulated entities identified in question (3) will have to take to comply with
this administrative regulation or amendment: The applicants will have a
procedure to appeal an adverse decision on an application, renewal, reinstatement,
or continuing education.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): The board is unable to determine the additional costs for
complying with this regulation since it would be the cost of litigation.
(c) As a result of compliance, what
benefits will accrue to the entities identified in question (3): Individuals
who are denied, refused renewal or reinstatement, or continuing education will
have a means to challenge the board’s decision and have the decision possibly
reversed.
(5) Provide an estimate of how much it
will cost to implement this administrative regulation:
(a) Initially: No new costs will be
incurred by the changes.
(b) On a continuing basis: No new costs
will be incurred by the changes.
(6) What is the source of the funding to
be used for the implementation and enforcement of this administrative
regulation: The board’s operations are funded by fees paid by credential
holders and applicants.
(7) Provide an assessment of whether an
increase in fees or funding will be necessary to implement this administrative
regulation, if new, or by the change if it is an amendment: No increase in fees
or funding will be required to implement the changes made by this regulation.
(8) State whether or not this
administrative regulation establishes any fees or directly or indirectly
increases any fees: This administrative regulation does not establish fees or
directly or indirectly increase any fees.
(9) TIERING: Is tiering applied? Tiering
was not applied as the regulation is applicable to all credential holders. This
regulation does not distinguish between similarly situated individuals on the
basis of any factor.
FISCAL NOTE ON STATE OR
LOCAL GOVERNMENT
1. What units, parts or divisions of
state or local government (including cities, counties, fire departments, or
school districts) will be impacted by this administrative regulation? Kentucky
Board of Alcohol and Drug Counselors.
2. Identify each state or federal statute
or federal regulation that requires or authorizes the action taken by the
administrative regulation: KRS 309.0813(6),
309.085, KRS 309.086, 309.087.
3. Estimate the effect of this
administrative regulation on the expenditures and revenues of a state or local
government agency (including cities, counties, fire departments, or school
districts) for the first full year the administrative regulation is to be in
effect. None
(a) How much revenue will this
administrative regulation generate for the state or local government (including
cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this
administrative regulation generate for the state or local government (including
cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer
this program for the first year? None
(d) How much will it cost to administer
this program for subsequent years? None
Note: If specific dollar estimates cannot
be determined, provide a brief narrative to explain the fiscal impact of the
administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: