Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 18 - Board of Licensure for Professional Engineers and Land Surveyors › Section 201 KAR 18:220 - Administrative hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 322.290(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				322.290(4) requires the
				board to promulgate administrative regulations to carry out the conduct of
				proceedings before it.
				KRS
				13B.170(1) authorizes the
				board to promulgate administrative regulations necessary to carry out the
				provisions of that chapter. This administrative regulation establishes
				procedural guidelines for administrative hearings as authorized by
				KRS
				322.290(4) and
				13B.170(1).
Section 1. Definitions.
(1) "Action" means a charge brought pursuant
			 to this administrative regulation and KRS Chapter 13B.
(2) "Administrative complaint" means a
			 written accusation filed by the board's general counsel with the board and with
			 the Office of the Attorney General, Administrative Hearings Division alleging a
			 violation by a licensee of KRS Chapter 322 or a provision of 201 KAR Chapter
			 18.
(3) "Administrative hearing" or
			 "hearing" is defined by
			 KRS
			 13B.010(2).
(4) "Board" means the Kentucky State Board of
			 Licensure for Professional Engineers and Land Surveyors.
(5) "Charge" means a written accusation of a
			 violation of a provision of KRS Chapter 322 or of 201 KAR Chapter 18, contained
			 in an administrative complaint.
(6)
			 "Consent decree" means an order entered by the board with the agreement of a
			 respondent.
(7) "Default" means a
			 failure of a respondent to file an answer to an administrative complaint, to
			 attend or participate in a prehearing conference, hearing, or other stage of
			 the administrative hearing process, or to comply with the orders of a hearing
			 officer.
(8) "Division" is defined
			 by
			 KRS
			 13B.010(8).
(9) "Final order" is defined by
			 KRS
			 13B.010(6).
(10) "Hearing officer" is defined by
			 KRS
			 13B.010(7).
(11) "Investigation review advisor" means a
			 present or former member of the board, selected by the board chairman in
			 consultation with the executive director, to independently review an
			 investigation and provide the executive director with his or her opinion as to
			 the propriety of filing an administrative complaint against the subject of the
			 investigation, and to make suggestions regarding the nature of the charges, the
			 appropriate penalty, and terms for settlement.
(12) "Letter of complaint" means a factual
			 statement made in writing, by a person or organization, to the board, alleging
			 a possible violation of a provision of KRS Chapter 322 or 201 KAR Chapter
			 18.
(13) "Licensee" means an
			 individual or business entity licensed to practice engineering or land
			 surveying in this Commonwealth pursuant to KRS Chapter 322.
(14) "Notice" means a notice of
			 administrative hearing satisfying the requirements of
			 KRS
			 13B.050(3).
(15) "Party" is defined by
			 KRS
			 13B.010(3).
(16) "Respondent" means a licensee who is the
			 subject of an investigation by the board for a violation of KRS Chapter 322 or
			 201 KAR Chapter 18.
(17)
			 "Settlement conference" means a conference between board staff and a respondent
			 and his or her attorney, if any, to attempt to resolve matters raised in an
			 administrative complaint or charge.
(18) "Violation" means an act or failure to
			 act that is in conflict with a provision of KRS Chapter 322 or 201 KAR Chapter
			 18.