{"data":{"id":"us-ky/krs-320.321","jurisdiction":"us-ky","citation":"KRS 320.321","heading":"Grievances -- Disciplinary proceedings.","body":"(1) Grievances may be submitted by an individual, organization, or entity, including the\nboard based upon information within the board's knowledge. The board may\ninvestigate any licensee or unlicensed individual or entity engaged in the practice of\noptometry suspected of conduct which would be grounds for disciplinary or court\naction and may hire or appoint persons who are knowledgeable in the practice of\noptometry to investigate on its behalf. The board shall have the power to issue\ninvestigatory subpoenas for  the appearance before the board of any person within\nthe jurisdiction of the Commonwealth of Kentucky and to require production of any\nrecord, document, or other item. The board may seek enforcement of investigatory\nsubpoenas in the courts of the Commonwe alth as may be necessary. A copy of the\ngrievance shall be mailed to the licensee or unlicensed individual or entity engaged\nin the practice of optometry at the last address that the board has on record or has\nbeen able to determine. If the licensee or unl icensed individual or entity engaged in\nthe practice of optometry chooses to respond to the grievance, he or she shall submit\na response within ten (10) days after the date on which the grievance was mailed.\n(2) Notwithstanding any other provision of law, the board may initiate disciplinary\nproceedings or court actions based upon information within its knowledge or\nreceived from other persons. A majority of the board members may direct the\nissuance of a complaint; in these instances, the board shall prepare  a written\ncomplaint, in accordance with KRS Chapter 13B, that shall be signed by the\nchairman of the board and shall contain sufficient information to apprise the named\noptometrist or unlicensed individual or entity engaged in the practice of optometry\nof the nature of the charges. A copy of the complaint shall be delivered to the\ncharged optometrist or unlicensed individual or entity engaged in the practice of\noptometry by personal delivery or sent by certified mail to the optometrist's last\naddress that the board has on record or to a site found for an unlicensed individual\nor entity engaged in the practice of optometry. The optometrist or unlicensed\nindividual or entity engaged in the practice of optometry shall file a response within\ntwenty (20) days af ter the complaint was sent or personally served upon the\noptometrist or unlicensed individual or entity engaged in the practice of optometry.\nFailure to submit a timely response or avoidance of service may be taken by the\nboard or the court as an admission  of the charges contained in the complaint. The\nboard may then review the grievance, information obtained by the board, and the\noptometrist's response or the response of the unlicensed individual or entity engaged\nin the practice of optometry, and dismiss the grievance, issue a complaint and notice\nof hearing, investigate further, or bring an action in a court of competent jurisdiction\nto enforce the provisions of this chapter.\n(3) The hearing shall be conducted in accordance with KRS Chapter 13B.\n(4) The board may impose discipline upon the licensee under KRS 320.310 if the board\nfinds a violation of this chapter or administrative regulations promulgated under this\nchapter, after a hearing.\n(5) All costs of the proceeding may be assessed against the charged  optometrist or\nunlicensed individual or entity engaged in the practice of optometry if a finding of\nguilt is made by the board or by the court.","path":["KRS Chapter 320"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31343","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:16Z","sha256":"974768c11d4d754922c293525fdaeae0e89e5a4feb004cf57d6b06fb5baac45d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-320.320","next":"us-ky/krs-320.330"},"notice":"GroundRules: Original legal text. Not legal advice."}