KAR 11:210 Continuing Education Compliance and Delinquency

Section 13
(1) The commission shall, for good cause shown, extend the time requirements established by KRS 324.085(1) and this administrative regulation. Good cause may include a true hardship, extensive medical issues for the licensee or the licensee’s immediate relative, active military duty or service, or other good cause that clearly warrants relief.

(2)(a) The request for extension and any supporting documentation shall be received in writing on or before the last day of the month or year in which the education requirement is due, unless the hardship prevents compliance with subsection (1) of this section.
(b) A license shall not be cancelled while a hardship request is pending.
(c) The commission shall review the hardship request and notify the licensee in writing of the commission’s decision.

(3)(a) If a licensee fails to comply with the mandatory education requirements of this administrative regulation, the executive director or the executive director’s representative shall issue a delinquency notice to the licensee.
(b) If the licensee fulfilled the education requirement in the year it was required, proof shall be forwarded to the commission upon request, and the license shall be reactivated.

(4)(a) If the licensee fails to request an extension and fails to forward proof of completion prior to the deadline, the license shall be cancelled automatically.
(b) A license cancelled for nonfulfillment of the continuing education requirements may be reactivated if the licensee enters into a written delinquency plan, pays a $1,000 administrative fine, and either:

  1. Places the license into inactive status; or
  2. Agrees in the delinquency plan to complete the delinquent continuing education requirements for the previous calendar year on or before April 30.

    (5) A licensee who places his or her license into inactive status under the provisions of this section shall not reactivate the license until he or she has:
    (a) Completed all delinquent mandatory continuing education requirements; and
    (b) Satisfied the requirements of KRS 324.310.

    (6) A licensee who fails to place his or her license into inactive status or file the delinquency plan immediately following the year in which continuing education requirements were not fulfilled, shall automatically have the license cancelled and shall not be eligible to renew without completing the delinquent education.

    (7) If a licensee fails to complete the requirements of the delinquency plan within twenty (20) days of the agreed completion date, the commission shall issue a notice of violation to the licensee.

    (8) Failure to respond to the notice of violation shall result in a default order of suspension for a period of six (6) months.

    (9) If the commission suspends the license as a result of a default order or after hearing, if one is requested, the licensee shall not be allowed to activate the license unless, within ninety (90) days following expiration of the suspension, the licensee:
    (a) Completes all delinquent mandatory continuing education requirements;
    (b) Submits the required documents to reinstate the license; and
    (c) Pays all necessary reactivation, renewal, and transfer fees.

    (10) If the licensee does not reinstate the license within ninety (90) days following the completion of the suspension period, the license shall be cancelled and the licensee shall be obligated to meet the requirements for initial licensure, including retaking the examination.

    (11) A license cancelled under this section shall not be reactivated until the licensee has completed all of his or her mandatory education requirements, complied with all commission orders, and submitted all other applicable licensing requirements.

    (12) Failure of the executive director or his or her representative to issue a deficiency notice to the licensee shall not relieve the licensee of his or her mandatory education requirements or the penalties associated with the deficiency.

    (13) A license cancelled for continuing education deficiency shall be subject to the provisions of KRS 324.160(2).
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