KRS 216B.105: License procedure -- Hearings -- Decisions of cabinet to be in writing and

of record.

(1) Unless otherwise provided in this chapter, no person shall operate any health

facility in this Commonwealth without first obtaining a license issue d by the

cabinet, which license shall specify the kind or kinds of health services the facility

is authorized to provide. A license shall not be transferable and shall be issued for a

specific location and, if specified, a designated geographical area.

(2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it

finds that there has been a substantial failure to comply with the provisions of this

chapter or the administrative regulations promulgated hereunder. The denial,

revocation, modification, or suspension shall be effected by mailing to the applicant

or licensee, by certified mail or other method of delivery which may include

electronic service, a notice setting forth the particular reasons for the action. The

denial, revocati on, modification, or suspension shall become final and conclusive

thirty (30) days after notice is given, unless the applicant or licensee, within the

thirty (30) day period, shall file a request in writing for a hearing with the cabinet.

(3) The hearing s hall be before a person designated to serve as hearing officer by the

Office of Administrative Hearings within the Department of Law.

(4) Within thirty (30) days from the conclusion of the hearing, the findings and

recommendations of the hearing officer sh all be transmitted to the cabinet, with a

synopsis of the evidence contained in the record and a statement of the basis of the

hearing officer's findings. The applicant or licensee shall be entitled to be

represented at the hearing in person or by counsel, or both, and shall be entitled to

introduce testimony by witnesses or, if the hearing officer so permits, by

depositions. A full and complete record shall be kept of all hearings, and all

testimony shall be reported but need not be transcribed unless the decision is

appealed pursuant to this chapter. The cabinet may adopt the hearing officer's

findings and recommendations or prepare written findings of fact and state the basis

for its decision which shall become part of the record of the proceedings.

(5) All decisions revoking, suspending, modifying or denying licenses shall be made by

the cabinet in writing. The cabinet shall notify the applicant or licensee of the

decision.

(6) The decision of the cabinet shall be final for purposes of judicial appeal upon notice

of the cabinet's decision.