RELATES TO:
KRS
311B.050(7),
311B.160,
311B.170
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 311B.050(1) and
(2) require the Board of Medical Imaging and
Radiation Therapy to promulgate administrative regulations to administer and
enforce KRS Chapter 311B.
KRS
311B.050(7) requires the
board to investigate suspected and alleged violations of KRS Chapter 311B. This
administrative regulation establishes procedures for issuing an administrative
subpoena, which is necessary to investigate and resolve suspected and alleged
violations.
Section 1. The Board of
Medical Imaging and Radiation Therapy may issue an administrative subpoena to
investigate a complaint or suspected violation of KRS Chapter 311B or 201 KAR
Chapter 46.
Section 2.
Administrative Subpoenas.
(1) The board shall
issue a subpoena in accordance with
KRS
311B.050(7) to require the
production of books, electronic records, papers, documents, or other evidence
at a specified time and place.
(2)
If information requested by the board is encrypted, the respondent shall:
(a) Provide the information in a readable
format; and
(b) Provide proof
acceptable to the board that the requested information has been translated to a
readable format without error or omission.
(3) A person or entity served with a subpoena
in accordance with subsection (1) of this section shall not intentionally
destroy, alter, or falsify documents requested by the board.
Section 3. Noncompliance.
(1) If a person fails without good cause to
produce requested documents in accordance with Section 2(1) of this
administrative regulation, the board may apply to the circuit court of the
county in which compliance is sought for an appropriate order to compel
compliance with the provisions of the subpoena.
(2) If a person served with a subpoena issued
pursuant to Section 2(1) of this administrative regulation believes that the
subpoena seeks to compel the production of documents that are protected,
privileged, or not properly the subject of an administrative subpoena, the
individual may, prior to the date designated for the production of the
documents, apply to the circuit court of the county in which compliance is
sought for an appropriate protective order limiting the scope of the subpoena
or quashing it entirely.
