(1) In accordance with the provisions of KRS Chapter 13B
, all discipline for which the Division is authorized to conduct investigations, hold hearings, and impose punishments is delegated to the Director of the Division.
(2) Any person may make a complaint to the Division that an individual credentialed by the Division as a KYEM Provisional Instructor/Facilitator or KYEM Instructor/Facilitator has violated
a provision listed in Section 5 of this Administrative Regulation or other violation for which the complainant feels warrants investigation by the Division.
(3) Each complaint shall:
(a) Be in writing;
(b) Identify specifically the person against whom the complaint is made;
(c) Set forth the facts relating to the violation alleged and any other supporting information which may have a bearing on the matter;
(d) Contain the name, address, telephone number, facsimile number, and e-mail address, if available, of the complainant;
(e) Be subscribed and sworn to as to the truth of the statements contained in the complaint by the complainant; and
(f) Be notarized.
(4) A complaint which is unsigned shall not be acted upon by the Division Director. A complaint which is not subscribed and sworn in the manner specified shall be returned to the complainant for completion.
(5) The Division Director may, based on knowledge available to the Director, make a complaint against any person credentialed by the Division.
(6) Upon receipt of a properly completed complaint, the Division Director shall assign the complaint to a staff member of the Division of Emergency Management, whom has no personal involvement with either the complainant or the individual against whom the complaint is made. The staff member shall investigate the complaint and shall make findings of fact and recommendations to the Division Director who shall then submit their findings to the Division Director.
(7) When the Division Director assigns a complaint to a staff member of the Division for the purpose of conducting an investigation, they shall notify the person against whom the complaint has been filed that a complaint has been filed against them and the basis for the complaint.
(8) The notification shall also notify the individual against whom the complaint has been filed of:
(a) The fact that the complaint shall be answered in writing, the steps for answering the complaint, and the action to be taken if the complaint is not answered;
(b) The time frame and steps in the proceedings of a complaint;
(c) The rights of the parties, including the right to counsel; and
(d) The right to testify at any hearing that might be conducted as a result of the investigation.
(9) Upon the failure of a credentialed KYEM Provisional Instructor/Facilitator or KYEM Instructor/Facilitator to respond to a written accusation, the accused shall be considered to have admitted the truth of the facts and the circumstances in the allegation and appropriate action may be taken by the Division Director.
(10) After reviewing the complaint and results of any investigation conducted on behalf of the board, the Division Director shall consider whether the accusation is sufficient to revoke the credential of the KYEM Provisional Instructor/Facilitator or Instructor/Facilitator. The Division Director shall notify all of the parties involved of his decision in writing following his review of the facts of the investigation.
(11) The decision of the Division Director may be appeal by the credentialed individual through a hearing as provided for in KRS Chapter 13B
. The request must be provided in writing within fourteen (14) days of the receipt of the Director’s decision.
(12) Each proceeding to consider the imposition of any penalty which the Division is authorized to impose pursuant to Kentucky Revised Statutes and Kentucky Administrative Regulation shall be conducted in accordance with KRS Chapter 13B.
(13) Any hearing officer assigned to a hearing request under KRS Chapter 13B may issue subpoenas to compel the attendance of witnesses and the production of documents in the
conduct of an investigation. The subpoenas may be enforced by any Circuit Court for contempt. Any order or subpoena of the court requiring the attendance and testimony of witnesses and the production of documentary evidence may be enforced and shall be valid anywhere in this state.
(14) At all hearings the attorney for the Department of Military Affairs or at the request of The Adjutant General, the Attorney General of this state or one (1) of the assistant attorneys general designated shall appear and represent the Division.
(15) The person credentialed by the Division as a KYEM Provisional Instructor/Facilitator or KYEM Instructor/Facilitator may appear and testify in the matter at any deposition or hearing on the matter and may propose conclusions of law, findings of fact, and penalties to the hearing officer.
(16) To make a finding or recommend discipline, the two (2) members of a hearing panel who are not the hearing officer shall agree on the finding. In the event of a tie vote, the hearing officer shall cast the deciding vote.
(17) The final order in any disciplinary proceeding shall be prepared by the Division Director and sent to all parties in the manner prescribed by law.
(18) Any person or entity aggrieved by a final order of the Division may appeal to the Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.