198B.4031 Disciplinary hearings -- Summary suspension -- Elevator or fixed guideway system work by unlicensed individual -- Cease-and-desist order. (Effective July 1, 2011)

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Page 1 of 1 198B.4031 Disciplinary hearings -- Summary suspension -- Elevator or fixed guideway system work by unlicensed individual -- Cease-and-desist order. <br>(Effective July 1, 2011) (1) The department shall conduct disciplinary hearings in accordance with KRS Chapter 13B. (2) The commissioner may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the commissioner's determination <br>if he or she believes that allowing the licensee to keep an active license would <br>represent a clear and immediate danger to the public's health, safety, or property if <br>the licensee is allowed to continue working. (3) The commissioner shall issue a letter to cease and desist with notice of opportunity to be heard in accordance with a KRS Chapter 13B hearing, to any individual if the <br>commissioner determines that: <br>(a) An individual is not licensed under the provisions of this chapter; and <br>(b) The individual is engaged in, or believed to be engaged in, activities for which an elevator contractor's or elevator mechanic's license is required under KRS <br>198B.400 to 198B.540. (4) After completion of the KRS Chapter 13B hearing, if it is determined that the individual's activities are subject to licensure under KRS 198B.400 to 198B.540, the <br>commissioner shall issue a cease-and-desist order that identifies the individual and <br>specifically states the activities that are subject to the order. (5) A cease-and-desist order issued under this section shall be enforceable in the Circuit Court of the county of the licensee's place of business in accordance with KRS <br>Chapter 13B. Effective: July 1, 2011 <br>History: Created 2010 Ky. Acts ch. 116, sec. 15, effective July 1, 2011. <br>Legislative Research Commission Note (7/1/2011). References to the &quot;office&quot; of housing, buildings and construction and the &quot;executive director&quot; of housing, <br>buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, <br>sec. 15, have been changed in codification to the &quot;department&quot; of housing, buildings <br>and construction and the &quot;commissioner&quot; of housing, buildings and construction, <br>respectively, to reflect the reorganization of certain parts of the Executive Branch, as <br>set forth in Executive Order 2009-535 and confirmed by the General Assembly in <br>2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant <br>to 2010 Ky. Acts ch. 24, sec. 1938.