201 KAR 1:310. Expungement of minor violation

Section 1. Definition. "Expungement" means all affected records are sealed and the proceedings to which the records refer never occurred. Section 2. A licensee whose record has been expunged may properly reply, upon inquiry, that disciplinary records do not exist. Section 3. Any licensee seeking expungement of a minor violation from the licensee's record shall submit to the board a written request that specifically demonstrates satisfaction of each of the elements for expungement identified in KRS 325.340(4). Section 4. Â (1) Upon receipt of the written request, the board shall: (a) Review the request for expungement; and (b) Provide the licensee with a written response granting or denying the request. (2) If the request is denied, the board shall explain the basis for its denial. Section 5. Â (1) If an applicant for expungement disagrees with the board's determination under this section, he or she may file a written request for a hearing before the board. (2) The hearing request shall: (a) Be received by the board within twenty (20) days from the date of the issuance of the decision to deny the request; and (b) Explain the grounds upon which the applicant challenges the board's determination. (3) A hearing held pursuant to the provisions of this subsection shall be conducted in accordance with KRS 325.360.