{"data":{"id":"us-ky/krs-216b.105","jurisdiction":"us-ky","citation":"KRS 216B.105","heading":"License procedure -- Hearings -- Decisions of cabinet to be in writing and","body":"of record.\n(1) Unless otherwise provided in this chapter, no person shall operate any health\nfacility in this Commonwealth without first obtaining a license issue d by the\ncabinet, which license shall specify the kind or kinds of health services the facility\nis authorized to provide. A license shall not be transferable and shall be issued for a\nspecific location and, if specified, a designated geographical area.\n(2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it\nfinds that there has been a substantial failure to comply with the provisions of this\nchapter or the administrative regulations promulgated hereunder. The denial,\nrevocation, modification, or suspension shall be effected by mailing to the applicant\nor licensee, by certified mail or other method of delivery which may include\nelectronic service, a notice setting forth the particular reasons for the action. The\ndenial, revocati on, modification, or suspension shall become final and conclusive\nthirty (30) days after notice is given, unless the applicant or licensee, within the\nthirty (30) day period, shall file a request in writing for a hearing with the cabinet.\n(3) The hearing s hall be before a person designated to serve as hearing officer by the\nOffice of Administrative Hearings within the Department of Law.\n(4) Within thirty (30) days from the conclusion of the hearing, the findings and\nrecommendations of the hearing officer sh all be transmitted to the cabinet, with a\nsynopsis of the evidence contained in the record and a statement of the basis of the\nhearing officer's findings. The applicant or licensee shall be entitled to be\nrepresented at the hearing in person or by counsel,  or both, and shall be entitled to\nintroduce testimony by witnesses or, if the hearing officer so permits, by\ndepositions. A full and complete record shall be kept of all hearings, and all\ntestimony shall be reported but need not be transcribed unless the decision is\nappealed pursuant to this chapter. The cabinet may adopt the hearing officer's\nfindings and recommendations or prepare written findings of fact and state the basis\nfor its decision which shall become part of the record of the proceedings.\n(5) All decisions revoking, suspending, modifying or denying licenses shall be made by\nthe cabinet in writing. The cabinet shall notify the applicant or licensee of the\ndecision.\n(6) The decision of the cabinet shall be final for purposes of judicial appeal upon notice\nof the cabinet's decision.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56587","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"2ef0eae56634531472609202908ed1c5b4b012728da1353134a65d3bbe9671cd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.100","next":"us-ky/krs-216b.106"},"notice":"GroundRules: Original legal text. Not legal advice."}