RELATES TO: KRS Chapter 13B, 61.870 - 61.884, 321.190,
321.235(2), 321.351, 321.353, 321.360
NECESSITY, FUNCTION, AND CONFORMITY:
321.235(2) authorizes the
Kentucky Board of Veterinary Examiners to investigate an allegation of a
practice that violates the provisions of KRS Chapter 321.
authorize the board to promulgate administrative regulations to implement KRS
Chapter 321. This administrative regulation establishes the procedures for
handling grievances, investigations, and administrative charges.
Section 1. Definition. "Grievance" means a
complaint, grievance, or other allegation of misconduct that might constitute a
violation of KRS Chapter 321 or 201 KAR Chapter 16.
Intake of Grievances.
grievance may be submitted by any individual, organization, or
(b) The board may submit a
grievance on its own initiative based on information in its possession that the
board believes is sufficiently credible to justify a request for a response
from the licensee (or other individual named in the grievance).
(2) The grievance shall be in
writing on a Grievance Form or online equivalent form provided by the board,
and shall include the complaining party's name, address, telephone number, and
signature. Electronic signatures shall be accepted.
(3) The board's chair, or the chair's
designee, shall perform an initial screen of any grievance that was submitted
without identifying the complaining party. The chair, or the chair's designee,
shall determine whether the grievance contains sufficient details or other
indicators of credibility to justify a request for a response from the licensee
(or other individual named in the grievance). If sufficient details or other
indicators of credibility are lacking, then the grievance shall be discarded
without further action or notice to the licensee or other named
The board shall
send a copy of the grievance to the licensee (or other individual named in the
grievance) along with a request for a response. The response shall be required
within thirty (30) days from the date of when the board sent a copy of the
written grievance. Failure to respond in writing within thirty (30) days may
constitute a violation of the Code of Ethical Conduct pursuant to
Initial Review of Grievances.
(1) After the time period for the licensee's
(or named individual's) response has elapsed, at the next scheduled board
meeting the Complaints Screening Committee shall consider the grievance, the
response if one was received, and other relevant information that is available
to the Committee.
Complaints Screening Committee shall determine if an investigation is warranted
after reviewing the information that is available. An investigation shall be
warranted if the committee determines, based on upon a totality of the
circumstances, that a reasonable probability exists that the grievance has
(3) If, in the opinion of
the Complaints Screening Committee, a grievance does not warrant an
investigation, then the board shall notify the complaining party and the
respondent that the grievance is being dismissed without
(4) The dismissal of
a grievance without an investigation shall constitute a final action of the
board. Following the dismissal, the grievance, the response from the individual
named in the grievance, and correspondence that is intended to give notice of
the dismissal shall be subject to disclosure pursuant to the Kentucky Open
(5) If, in the opinion of the board, a
grievance warrants an investigation, then the board shall open an investigation
into the matter.
Complaints Screening Committee shall have the authority to direct an
investigation and shall exercise those powers possessed by the board in regard
to investigations as provided by
The Complaints Screening Committee shall
have the authority to request the participation of any person in an
investigation. The refusal or failure of any board licensee or certificate
holder to participate when requested, or to provide information and documents
requested by the committee within the requested timeframe, shall be considered
a violation of
(3) Investigative reports shall be reviewed
at a meeting of the committee.
Reports and Recommendations
(1) If the board
determines that the results of an investigation do not warrant the issuance of
an administrative charge against the individual named in the grievance, then
the board shall notify the complaining party and the individual that the
grievance is being dismissed without further action.
(2) The dismissal of a grievance following an
investigation shall constitute a final action of the board. Following the
dismissal, the grievance, the response from the individual named in the
grievance, correspondence that is intended to give notice of the dismissal, and
any other documents obtained or generated during the investigation (other than
those documents that are subject to a legitimate claim of privilege or
otherwise exempt from disclosure by law) shall be subject to disclosure
pursuant to the Kentucky Open Records Act,
(3) If the board determines that the results
of an investigation warrant the issuance of an administrative charge against a
licensee, then the board shall cause an administrative charge to be
(4) If the board
determines that the results of an investigation warrant proceedings against a
person who is not a licensee, then the board shall cause a civil action to be
prepared for filing in the Franklin Circuit Court or other court of competent
administrative charge shall:
(a) Be signed
and dated by a member of the board or the board's authorized
(b) Be designated
with an administrative charge number; and
1. The board's jurisdiction in regard to the
subject matter of the administrative charge; and
2. In numerical paragraphs, sufficient
information to apprise the named licensee or individual of the general nature
of the charges.
(2) A licensee's written response shall be
due within thirty (30) days after the issuance of the administrative charge.
Failure to respond within that time period may be taken by the board as an
admission of the charges.
notice shall be issued in accordance with
Proceedings Following the Issuance
of an Administrative Charge.
(1) The board
shall arrange for the appointment of a hearing officer in accordance with
(2) The board's legal counsel shall act as
the prosecuting attorney in regard to any disciplinary proceeding unless the
board appoints a special prosecuting attorney.
(3) The board may appoint a representative of
the Attorney General's office or another attorney to act as advisory counsel to
the board in regard to any deliberations of the board following the issuance of
an administrative charge.
provisions of KRS Chapter 13B shall govern the conduct of the
Incorporation by Reference.
Form", 2/2020, is incorporated by reference.
This material may be inspected, copied,
or obtained, subjected to applicable copyright law, at the Kentucky Board of
Veterinary Examiners, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m. This material may also be obtained at