{"data":{"id":"us-ky/krs-15.391","jurisdiction":"us-ky","citation":"KRS 15.391","heading":"Revocation of peace officer certification -- Appeal -- Hearing -- Mandatory","body":"reporting -- Subpoenas -- Administrative regulations.\n(1) As used in this section:\n(a) \"Agency\" means any law enforcement agency, or other unit of government\nlisted in KRS 15.380, that employs a certified peace officer;\n(b) \"Final order\" has the same meaning as in KRS 13B.010 and shall be specific\nto whether the Kentucky Law Enforcement Council has met the requirements\nunder this section to revoke an individual's peace officer certification;\n(c) \"General employment policy\" means a rule, regulation, policy, or procedure\ncommonly applicable to the general workforce or civilian employees that is\nnot unique to law enforcement activities or the exercise of peace officer\nauthority, regardless of whether the rule, regulation, policy, or procedure\nexists or appears in a manual or handbook that is solely applicable to a law\nenforcement department or agency within the unit of government employing\nthe officer;\n(d) \"Investigating agency\" means an agency that investigates the use of force, a\ncriminal act, or an administrative violation by peace officers, including but\nnot limited to the employing agency;\n(e) \"Professional malfeasance\" means engaging in an act in one's professional\ncapacity as a peace officer that violates a federal, state, or local law or\nregulation, or any act that involves the following:\n1. The unjustified use of excessive or deadly force, as determined by an\ninvestigating agency;\n2. Any intentional action by a peace officer that interferes with or alters the\nfair administration of justice, including but not limited to tampering with\nevidence, giving of false testimony, or the intentional disclosure of\nconfidential information in a manner that compromises the integrity  of\nan official investigation; or\n3. Engaging in a sexual relationship with an individual the peace officer\nknows or should have known is a victim, witness, defendant, or\ninformant in an ongoing criminal investigation in which the peace\nofficer is directly involved;\n(f) \"Professional nonfeasance\" means a failure to perform one's professional duty\nas a peace officer through omission or inaction that violates a federal, state, or\nlocal law or regulation, or any failure to act that involves the following:\n1. The failure to intervene when it is sa fe and practical to do so in any\ncircumstance where it is clear and apparent to the peace officer that\nanother peace officer is engaging in the use of unlawful and unjustified\nexcessive or deadly force; or\n2. The intentional failure to disclose exculpatory  or impeachment evidence\nthat the peace officer knew or should have known to be materially\nfavorable to an accused for the purpose of altering the fair\nadministration of justice; and\n(g) \"Regulation\" means:\n1. A federal or state administrative regulation a dopted by a federal or state\nexecutive branch; and\n2. A local rule, regulation, policy, or procedure adopted by ordinance,\norder, or resolution, or other official action by an agency. However,\n\"regulation\" does not mean a general employment policy.\n(2) (a) The certification of a peace officer shall be deemed automatically revoked by\nthe council by operation of the law for one (1) or more of the following:\n1. Certification that was the result of an administrative error;\n2. Plea of guilty to, conviction of, or entering of an Alford plea to:\na. Any state or federal felony;\nb. A misdemeanor under KRS 510.120, 510.130, or 510.140; a\nsecond or subsequent offense under KRS 510.148; or a criminal\nattempt, conspiracy, facilitation, or solicitation to commit any\ndegree of rape, sodomy, sexual abuse, or sexual misconduct;\nc. Any criminal offense committed in another state that would\nconstitute a felony if committed in this state; or\nd. Any criminal offense committed in another state that would, if\ncommitted in this stat e, constitute a misdemeanor under KRS\n510.120, 510.130, or 510.140; a second or subsequent offense\nunder KRS 510.148; or a criminal attempt, conspiracy, facilitation,\nor solicitation to commit any degree of rape, sodomy, sexual\nabuse, or sexual misconduct;\n3. Prohibition by federal or state law from possessing a firearm;\n4. Receipt of a dishonorable discharge or bad conduct discharge from any\nbranch of the Armed Forces of the United States; or\n5. Willful falsification of information to obtain or maintain certification.\n(b) 1. A peace officer whose certification is revoked pursuant to paragraph (a)\nof this subsection may file an appeal at any time with the council. If an\nappeal is filed, the council shall conduct an administrative hearing\npursuant to KRS Chapter 13B to consider the reinstatement of the peace\nofficer's certification if the revocation was made in error or the condition\nrequiring revocation was removed or remedied.\n2. The council may impose any reasonable condition upon the\nreinstatement of the c ertification it may deem warranted under the facts\nof the appeal.\n3. Notwithstanding any other provision of law, the council may subpoena\nor request a court to subpoena records that are necessary to provide\nevidence that will permit the council to evaluate  the conditions of\nseparation. Any confidential, active investigation, or medical\ninformation received by the council under this subparagraph shall retain\nits confidential character.\n4. The reversal or any other type of invalidation of a conviction by an\nappellate court shall constitute the removal or remedy of a condition\nrequiring revocation. However, an expungement of an offense shall not\nbe considered a removal or remedy that constitutes grounds for the\nreinstatement of the peace officer's certification under this paragraph.\n5. A final order issued by the council denying reinstatement of certification\nmay be appealed pursuant to the provisions of KRS 13B.140.\n(3) (a) The certification of a peace officer may be revoked by the council for one (1)\nor more of the following:\n1. Termination of the peace officer for failure to meet or maintain training\nrequirements, unless the certification is in inactive status. As used in this\nsubparagraph, \"inactive status\" has the same meaning as in KRS 15.386;\n2. Termination of the peace officer for professional malfeasance or\nprofessional nonfeasance by his or her agency;\n3. Termination of the peace officer following the plea of guilty to,\nconviction of, or entering of an Alford plea to any misdemeanor offense,\nin this state or out of it, that involves:\na. Dishonesty;\nb. Fraud;\nc. Deceit;\nd. Misrepresentation;\ne. Physical violence;\nf. Sexual abuse; or\ng. Crimes against a minor or a family or household member;\n4. Receipt of general discharge under other than honorable conditions from\nany branch of the Armed Forces of the United States that results in the\ntermination of the peace officer from his or her agency; or\n5. Resignation or retirement of the peace officer while he or she is under\ncriminal investigation or admi nistrative investigation for professional\nmalfeasance or professional nonfeasance that, in the judgment of the\nagency that employed the peace officer, would have likely resulted in\nthe termination of that peace officer had the facts leading to the\ninvestigation been substantiated prior to his or her resignation or\nretirement.\n(b) The council shall review reports of events described in paragraph (a) of this\nsubsection to determine whether the event warrants the initiation of\nproceedings by the council to rev oke a peace officer's certification. If the\ncouncil determines to initiate proceedings to revoke a peace officer's\ncertification under this subsection, the administrative hearing shall be\nconducted pursuant to KRS Chapter 13B. A final order by the council\nrevoking certification may be appealed pursuant to the provisions of KRS\n13B.140.\n(c) Notwithstanding any other provision of law, the council may subpoena or\nrequest a court to subpoena records that are necessary to provide evidence that\nwill permit the co uncil to evaluate the conditions of separation. Any\nconfidential, active investigation, or medical information received by the\ncouncil under this paragraph shall retain its confidential character.\n(4) (a) An agency:\n1. That has knowledge of a peace officer in its employment who meets any\nof the revocation conditions outlined in subsection (2) of this section\nshall report that condition to the council within fifteen (15) days of\ngaining knowledge;\n2. That terminated a peace officer for any of the revocation conditions\noutlined in subsection (3)(a)1., 2., 3., or 4. of this section shall report\nthat condition to the council within fifteen (15) days of the termination;\nand\n3. That would have likely terminated a peace officer for the revocation\ncondition outlined in subsection (3)(a)5. of this section shall report that\ncondition to the council within fifteen (15) days of the peace officer's\nresignation or retirement. If an agency reports pursuant to this\nsubparagraph, the agency shall notify the peace officer that  a report has\nbeen made.\n(b) If an agency fails to make a report required by this subsection, the council\nmay suspend the agency from participation in the Kentucky Law Enforcement\nFoundation Program fund. However, the time that an agency may be\nsuspended by the council under this paragraph shall not exceed five (5) years.\n(5) The council may promulgate administrative regulations in accordance with KRS\nChapter 13A to implement this section.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54132","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:33Z","sha256":"6e5a2f1dac7be810bf792f33d3504d39613a0eeb07932f1d3046ed51eb78e677","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.390","next":"us-ky/krs-15.392"},"notice":"GroundRules: Original legal text. Not legal advice."}