198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order. (Effective July 1, 2011) - Kentucky Statutes

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Page 1 of 1 198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order. (Effective July
1, 2011) (1) The procedures set forth in KRS Chapter 13B shall govern the department's conduct of disciplinary hearings. (2) The commissioner may summarily suspend a certification for up to ninety (90) days before a final adjudication or during an appeal of the commissioner's determination
if he or she believes that the certification would represent a clear and immediate
danger to the public's health, safety, or property if the inspector is allowed to
perform sprinkler system inspections. (3) The commissioner shall issue a letter to cease and desist with notice of opportunity to be heard in accordance with KRS Chapter 13B, to any individual if the
commissioner:
(a) Determines that an individual is not certified under the provisions of this chapter; and (b) Determines that the individual is engaged in, or believed to be engaged in, activities for which a fire sprinkler inspector's certification is required under
this chapter. (4) After completion of the hearing, if it is determined that the activities in which the individual is engaged are subject to certification under this chapter, the
commissioner shall issue a cease-and-desist order that identifies the individual and
specifically states the activities which are subject to the order. (5) A cease-and-desist order issued under this section shall be enforceable in the Circuit Court of the county of the certified inspector's place of business in accordance with
KRS Chapter 13B. Effective: July 1, 2011
History: Created 2010 Ky. Acts ch. 116, sec. 36, effective July 1, 2011.
Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing,
buildings and construction in this section, as created by 2010 Ky. Acts ch. 116,
sec. 36, have been changed in codification to the "department" of housing, buildings
and construction and the "commissioner" of housing, buildings and construction,
respectively, to reflect the reorganization of certain parts of the Executive Branch, as
set forth in Executive Order 2009-535 and confirmed by the General Assembly in
2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant
to 2010 Ky Acts ch. 24, sec. 1938.