198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order. (Effective July 1, 2011)
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<![CDATA[ Page 1 of 1 198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order. (Effective July <br>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 <br>if he or she believes that the certification would represent a clear and immediate <br>danger to the public's health, safety, or property if the inspector is allowed to <br>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 <br>commissioner: <br>(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 <br>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 <br>commissioner shall issue a cease-and-desist order that identifies the individual and <br>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 <br>KRS Chapter 13B. Effective: July 1, 2011 <br>History: Created 2010 Ky. Acts ch. 116, sec. 36, effective July 1, 2011. <br>Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, <br>buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, <br>sec. 36, have been changed in codification to the "department" of housing, buildings <br>and construction and the "commissioner" of housing, buildings and construction, <br>respectively, to reflect the reorganization of certain parts of the Executive Branch, as <br>set forth in Executive Order 2009-535 and confirmed by the General Assembly in <br>2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant <br>to 2010 Ky Acts ch. 24, sec. 1938. ]]>