{"data":{"id":"us-ky/krs-309.406","jurisdiction":"us-ky","citation":"KRS 309.406","heading":"Duties of board -- Administrative regulations -- Order for violator to pay","body":"reasonable costs of investigation and prosecution.\n(1) The board may:\n(a) Promulgate administrative regulations in accordance with KRS Chapter 13A\nnecessary to regulate and c ontrol all matters set forth in KRS 309.400 to\n309.422 relating to manufacturers and wholesale distributors of home medical\nequipment and home medical equipment and services providers in this state,\nto the extent that regulation and control has not been de legated to some other\nagency of the Commonwealth, provided that:\n1. Administrative regulations relating to home medical equipment and\nservices providers shall be limited to the regulation and control of home\nmedical equipment sold pursuant to a medical order; and\n2. Nothing contained in KRS 309.400 to 309.422 shall be construed as\nauthorizing the board to promulgate any administrative regulations\nrelating to prices or fees or to advertising or the promotion of the sales\nor use of commodities or services;\n(b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to\nschedule and conduct hearings on behalf of the board on any matter under the\njurisdiction of the board;\n(c) Issue and renew all licenses for home medical equipment and service s\nproviders;\n(d) Investigate all complaints or violations of the home medical equipment laws\nand the administrative regulations promulgated by the board;\n(e) Perform all other functions necessary to carry out applicable provisions of law\nand the administra tive regulations promulgated by the board, relating to\nmanufacturers and wholesale distributors of home medical equipment and\nhome medical equipment and services providers;\n(f) Assess reasonable fees, in addition to the fees specifically provided for in\nKRS 309.400 to 309.422 consistent with KRS 61.870 to 61.884, for services\nrendered to perform its duties and responsibilities, including but not limited to\nthe following:\n1. Issuance of duplicate licenses;\n2. Mailing lists or reports of data maintained by the board;\n3. Making copies of documents; or\n4. Providing notices of meetings;\n(g) Seize any item of home medical equipment found by the board to constitute an\nimminent danger to the public health and welfare; and\n(h) Oversee and administer the licensure of home medical equipment and services\nproviders pursuant to KRS 309.400 to 309.422.\n(2) In addition to the sanctions provided in KRS 309.418, the board or its hearing\nofficer shall direct any licensee found guilty of a  charge involving a violation of\nhome medical equipment laws, rules, or administrative regulations of the state, any\nother state, or federal government, to pay to the board a sum not to exceed the\nreasonable costs of investigation and prosecution of the ca se, not to exceed twenty -\nfive thousand dollars ($25,000).\n(3) In an action for recovery of costs, proof of the board's order shall be conclusive\nproof of the validity of the order of payment and any terms for payment.","path":["KRS Chapter 309"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45249","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:02Z","sha256":"1e17bf80cbaeb48721d693c2b56cabb9000a90689b876505cec75023abd81d4f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-309.404","next":"us-ky/krs-309.408"},"notice":"GroundRules: Original legal text. Not legal advice."}