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

Link to law: http://www.lrc.ky.gov/kar/201/035/090reg.htm
Published: 2015

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:
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