KRS § 320.321 — KY Code / Title XXVI / Chapter 320 / Section 320.321
320.321 Grievances -- Disciplinary proceedings
Status: in_force

320.321 Grievances -- Disciplinary proceedings.

(1) Grievances may be submitted by an individual, organization, or entity, including the

board based upon information within the board's knowledge. The board may

investigate any licensee or unlicensed individual or entity engaged in the practice of

optometry suspected of conduct which would be grounds for disciplinary or court

action and may hire or appoint persons who are knowledgeable in the practice of

optometry to investigate on its behalf. The board shall have the power to issue

investigatory subpoenas for the appearance before the board of any person within

the jurisdiction of the Commonwealth of Kentucky and to require production of any

record, document, or other item. The board may seek enforcement of investigatory

subpoenas in the courts of the Commonwealth as may be necessary. A copy of the

grievance shall be mailed to the licensee or unlicensed individual or entity engaged

in the practice of optometry at the last address that the board has on record or has

been able to determine. If the licensee or unlicensed individual or entity engaged in

the practice of optometry chooses to respond to the grievance, he or she shall submit

a response within ten (10) days after the date on which the grievance was mailed.

(2) Notwithstanding any other provision of law, the board may initiate disciplinary

proceedings or court actions based upon information within its knowledge or

received from other persons. A majority of the board members may direct the

issuance of a complaint; in these instances, the board shall prepare a written

complaint, in accordance with KRS Chapter 13B, that shall be signed by the

chairman of the board and shall contain sufficient information to apprise the named

optometrist or unlicensed individual or entity engaged in the practice of optometry

of the nature of the charges. A copy of the complaint shall be delivered to the

charged optometrist or unlicensed individual or entity engaged in the practice of

optometry by personal delivery or sent by certified mail to the optometrist's last

address that the board has on record or to a site found for an unlicensed individual

or entity engaged in the practice of optometry. The optometrist or unlicensed

individual or entity engaged in the practice of optometry shall file a response within

twenty (20) days after the complaint was sent or personally served upon the

optometrist or unlicensed individual or entity engaged in the practice of optometry.

Failure to submit a timely response or avoidance of service may be taken by the

board or the court as an admission of the charges contained in the complaint. The

board may then review the grievance, information obtained by the board, and the

optometrist's response or the response of the unlicensed individual or entity engaged

in the practice of optometry, and dismiss the grievance, issue a complaint and notice

of hearing, investigate further, or bring an action in a court of competent jurisdiction

to enforce the provisions of this chapter.

(3) The hearing shall be conducted in accordance with KRS Chapter 13B.

(4) The board may impose discipline upon the licensee under KRS 320.310 if the board

finds a violation of this chapter or administrative regulations promulgated under this

chapter, after a hearing.

(5) All costs of the proceeding may be assessed against the charged optometrist or

unlicensed individual or entity engaged in the practice of optometry if a finding of

guilt is made by the board or by the court.