KRS § 329A.025 — KY Code / Title XXVI / Chapter 329A / Section 329A.025
329A.025 Duties and powers of board
Status: in_force

329A.025 Duties and powers of board.

(1) The board shall administer and enforce the provisions of KRS 329A.010 to

329A.090 and shall evaluate the qualifications of applicants for licensure and

issue licenses.

(2) The board shall:

(a) Implement the provisions of KRS 329A.010 to 329A.090 through the

promulgation of administrative regulations in accordance with the

provisions of KRS Chapter 13A;

(b) Promulgate administrative regulations to establish fees which shall not

exceed the amounts necessary to generate sufficient funds to effectively

carry out and enforce the provisions of KRS 329A.010 to 329A.090;

(c) Promulgate by administrative regulation an examination to be

administered at least twice annually to license applicants. The

examination shall be designed to measure knowledge and competence in

private investigating, including but not limited to the following subject

areas:

1. Federal and state constitutional principles;

2. Court decisions related to activities which could result in liability for

the invasion of privacy or other activities;

3. Eavesdropping and related offenses, assault and related offenses,

search and seizure laws, and laws regarding unlawful access to a

computer;

4. General weapons use and concealed weapons laws;

5. Additional state criminal laws and related procedures that are

relevant to the practice of private investigating; and

6. Additional subject areas as determined by the board; and

(d) Promulgate by administrative regulation a code of professional practice

and conduct that shall be based upon generally recognized principles of

professional ethical conduct and be binding upon all licensees.

(3) The board may:

(a) Contract with the Department of Professional Licensing within the Public

Protection Cabinet for the provision of administrative services;

(b) Employ any persons it deems necessary to carry on the work of the

board. The board may define their duties and fix their compensation;

(c) Develop or sponsor at least six (6) hours of continuing professional

education annually;

(d) Approve and certify a forty (40) hour training class covering the subject

areas of the licensing examination;

(e) Renew licenses and require continuing professional education as a

condition for renewal;

(f) Waive the examination requirement for any applicant licensed in a

reciprocal state as prescribed in subsection (3)(m) of this section, who is

licensed in good standing in that state and meets all of the other

requirements of KRS 329A.035;

(g) Suspend or revoke licenses, impose supervisory or probationary

conditions upon licensees, impose administrative disciplinary fines, or

issue written admonishments or reprimands, or any combination thereof;

(h) Issue subpoenas, examine witnesses, pay appropriate witness fees,

administer oaths, and investigate allegations of practices violating the

provisions of KRS 329A.010 to 329A.090;

(i) Conduct hearings pursuant to KRS Chapter 13B and keep records and

minutes necessary to carry out the board's functions;

(j) Organize itself into two (2) panels to separate the functions of inquiry and

hearings. Each panel shall have the power to act as either an inquiry or

hearing panel. No member serving on the inquiry panel shall serve on the

hearing panel for any one (1) particular case. Any final decision of the

hearing panel shall be considered as the final decision of the board and

the hearing panel may exercise all powers granted to the board pursuant

to KRS Chapter 13B;

(k) Utilize mediation as a technique to resolve disciplinary matters;

(l) Seek injunctive relief in the Circuit Court of the county where the alleged

unlawful practice occurred to stop the unlawful practice of private

investigating by unlicensed persons or companies; and

(m) Negotiate and enter into reciprocal agreements with appropriate officials

in other states to permit licensed investigation companies and private

investigators who meet or exceed the qualifications established in KRS

329A.010 to 329A.090 to operate across state lines under mutually

acceptable terms.