ADMINISTRATIVE HEARINGS

KRS tit. III, ch. 13B

in effect

KRS 13B.005 Short title for KRS 13B.005 to 13B.170

13B.005. Short title for KRS 13B.005 to 13B.170 KRS 13B.005 to 13B.170 shall be named the Albert Jones Act of 1994. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 382, sec. 21, effective July 15, 1994.

KRS 13B.010 Definitions for chapter

13B.010. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Administrative agency" or "agency" means each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings; (2) "Administrative hearing" or "hearing" means any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate the legal rights, duties, privileges, or immunities of a named person; (3) "Agency head" means the individual or collegial body in an agency that is responsible for entry of a final order; (4) "Final order" means the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form; (5) "Hearing officer" means the individual, duly qualified and employed pursuant to this chapter, assigned by an agency head as presiding officer for an administrative hearing or the presiding member of the agency head; (6) "Office" means the Office of Administrative Hearings in the Office of the Attorney General created pursuant to KRS 15.111; (7) "Party" means: (a) The named person whose legal rights, duties, privileges, or immunities are being adjudicated in the administrative hearing; (b) Any other person who is duly granted intervention in an administrative hearing; and (c) Any agency named as a party to the adjudicatory proceeding or entitled or permitted by the law being enforced to participate fully in the administrative hearing; and (8) "Recommended order" means the whole or part of a preliminary hearing report to an agency head for the disposition of an administrative hearing. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 3, effective April 5, 2024. -- Amended 1996 Ky. Acts ch. 318, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 1, effective July 15, 1996. Legislative Research Commission Note (4/5/2024). Under the authority of KRS 7.136, the reviser of statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.

KRS 13B.020 Application of chapter -- Exemptions

13B.020. Application of chapter -- Exemptions (1) The provisions of this chapter shall apply to all administrative hearings conducted by an agency, with the exception of those specifically exempted under this section. The provisions of this chapter shall supersede any other provisions of the Kentucky Revised Statutes and administrative regulations, unless exempted under this section, to the extent these other provisions are duplicative or in conflict. This chapter creates only procedural rights and shall not be construed to confer upon any person a right to hearing not expressly provided by law. (2) The provisions of this chapter shall not apply to: (a) Investigations, hearings to determine probable cause, or any other type of information gathering or fact finding activities; (b) Public hearings required in KRS Chapter 13A for the promulgation of administrative regulations; (c) Any other public hearing conducted by an administrative agency which is nonadjudicatory in nature and the primary purpose of which is to seek public input on public policy making; (d) Military adjudicatory proceedings conducted in accordance with KRS Chapter 35; (e) Administrative hearings conducted by the legislative and judicial branches of state government; (f) Administrative hearings conducted by any city, county, urban -county, charter county, or special district contained in KRS Chapters 65 to 109, or any other unit of local government operating strictly in a local jurisdictional capacity; (g) Informal hearings which are part of a multilevel hearing process that affords an administrative hearing at some point in the hearing process if the procedures for informal hearings are approved and promulgated in accordance with subsections (4) and (5) of this section; (h) Limited exemptions granted for specific hearing provisions and denoted by reference in the text of the applicable statutes or administrative regulations; (i) Administrative hearings exempted pursuant to subsection (3) of this section; (j) Administrative hearings exempted, in whole or in part, pursuant to subsections (4) and (5) of this section; and (k) Any administrative hearing which was commenced but not completed prior to July 15, 1996. (3) The following administrative hearings are exemp t from application of this chapter in compliance with 1994 Ky. Acts ch. 382, sec. 19: (a) Finance and Administration Cabinet 1. Higher Education Assistance Authority a. Wage garnishment hearings conducted under authority of 20 U.S.C. sec. 1095a and 34 C.F. R. sec. 682.410 b. Offset hearings conducted under authority of 31 U.S.C. sec. 3720A and sec. 3716, and 34 C.F.R. sec. 30.33 2. Department of Revenue a. Any licensing and bond revocation hearings conducted under the authority of KRS 138.210 to 138.448 and 234.310 to 234.440 b. Any license revocation hearings under KRS 131.630 and 138.130 to 138.205 (b) Cabinet for Health and Family Services 1. Office of the Inspector General a. Certificate-of-need hearings and licensure conducted under authority of KRS Chapter 216B b. Licensure revocation hearings conducted under authority of KRS Chapter 216B 2. Department for Community Based Services a. Supervised placement revocation hearings conducted under authority of KRS Chapter 630 3. Department for Medicaid Services a. Administrative appeal hearings following an external independent third-party review of a Medicaid managed care organization's final decision that denies, in whole or in part, a health care service to an enrollee or a claim for reimbursement to the provi der for a health care service rendered by the provider to an enrollee of the Medicaid managed care organization, conducted under authority of KRS 205.646 (c) Justice and Public Safety Cabinet 1. Department of Kentucky State Police a. Kentucky State Police Trial Board disciplinary hearings conducted under authority of KRS Chapter 16 2. Department of Corrections a. Parole Board hearings conducted under authority of KRS Chapter 439 b. Prison adjustment committee hearings conducted under authority of KRS Chapter 197 c. Prison grievance committee hearings conducted under authority of KRS Chapters 196 and 197 3. Department of Juvenile Justice a. Supervised placement revocation hearings conducted under KRS Chapter 635 (d) Energy and Environment Cabinet 1. Department for Natural Resources a. Surface mining hearings conducted under authority of KRS Chapter 350 b. Oil and gas hearings conducted under the authority of KRS Chapter 353, except for those conducted by the Kentucky Oil and Gas Conservation Commission pursuant to KRS 353.500 to 353.720 c. Explosives and blasting hearings conducted under the authority of KRS 351.315 to 351.375 2. Department for Environmental Protection a. Wild River hearings conducted under authority of KRS Chapter 146 b. Water resources hearings conducted under authority of KRS Chapter 151 c. Water plant operator and water well driller hearings conducted under authority of KRS Chapter 223 d. Environmental protection hearings conducted under authority of KRS Chapter 224 e. Petroleum Storage Tank Environmental Assurance Fund hearings under authority of KRS Chapter 224 3. Public Service Commission a. Utility hearings conducted und er authority of KRS Chapters 74, 278, and 279 (e) Education and Labor Cabinet 1. Kentucky Occupational Safety and Health Review Commission a. Occupational safety and health hearings conducted under authority of KRS Chapter 338 2. Unemployment insurance hea rings conducted under authority of KRS Chapter 341 3. Disability determination hearings conducted under authority of 20 C.F.R. pt. 404 (f) Public Protection Cabinet 1. Board of Claims a. Liability hearings conducted under authority of KRS 49.020(5) and 49.040 to 49.180 (g) State universities and colleges 1. Student suspension and expulsion hearings conducted under authority of KRS Chapter 164 2. University presidents and faculty removal hearings conducted under authority of KRS Chapter 164 3. Campus residency hearings conducted under authority of KRS Chapter 164 4. Family Education Rights to Privacy Act hearings conducted under authority of 20 U.S.C. sec. 1232 and 34 C.F.R. sec. 99 5. Federal Health Care Quality Improvement Act of 1986 hearings conducted under authority of 42 U.S.C. sec. 11101 to 11115 and KRS Chapter 311 (h) Department of Workers' Claims 1. Workers' compensation hearings conducted under authority of KRS Chapter 342. (4) Any administrative hearing, or portion thereof, may be certified as exempt by the Attorney General based on the following criteria: (a) The provisions of this chapter conflict with any provision of federal law or regulation with which the agency must comply, or with any federal law or regulation with which the agency must comply to permit the agency or persons within the Commonwealth to receive federal tax benefits or federal funds or other benefits; (b) Conformity with the requirement of this chapter from which exemption is sought would be so unreasonable or so impractical as to deny due process because of undue delay in the conduct of administrative hearings; or (c) The hearing procedures represent informal proceedings which are the preliminary stages or the review stages of a multilevel hearing process, if the provisions of this chapter or the provisions of a substantially equivalent hearing procedure exempted under subsection (3) of this section are applied at some level within the multilevel process. (5) The Attorney General shall not exempt an agency from any requirement of this chapter until the agency establishes alternative procedures by administrative regulation which, insofar as practical, shall be consistent with the intent and purpose of this chapter. When regulations for alternative procedures are submitted to the Administrative Regulation Review Subcommittee, they shall be accompanied by the request for exemption and the approval of exemption from the Attorney General. The decision of the Attorney General, whether affirmative or negative, shall be subject to judicial review in the Franklin Circuit Court within thirty (30) days of the date of issuance. The court shall not overturn a decision of the Attorney General unless the decision was arbitrary or capricious or contrary to law. (6) Except to the extent precluded by another provision of law, a person may waive any procedural right conferred upon that person by this chapter. (7) The provisions of KRS 13B.030(2)(b) shall not apply to administrative hearings held under KRS 11A.100 or 18A.095. Effective: April 9, 2026 History: Amended 2026 Ky. Acts ch. 61, sec. 12, effective April 9, 2026. -- Amended 2024 Ky. Acts ch. 107, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 124, sec. 2, effective July 1, 2024. -- Amended 2022 Ky. Acts ch. 236, sec. 11, effective July 1, 2022. -- Amended 2021 Ky. Acts ch. 185, sec. 7, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 90, sec. 2, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 72, sec. 1, effective July 14, 2018; ch. 85, sec. 1, effective July 14, 2018; ch. 94, sec. 1, effective July 14, 2018; and ch. 188, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 74, sec. 54, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 55, sec. 2, effective April 8, 2016. -- Amended 2012 Ky. Acts ch. 158, sec. 3, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 12, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 11, sec. 6, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 13, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 181, sec. 2, effective July 12, 2006; ch. 211, sec. 8, effective July 12, 2006; and ch. 251, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 13, effective June 20, 2005; and ch. 123, sec. 8, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 63, effective July 15, 1998; and ch. 538, sec. 12, effective April 13, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 2, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 2, effective July 15, 1996. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 426 and 538. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 538, which was a nonrevisory Act, prevails under KRS 7.136(3).

KRS 13B.030 Powers of agency head -- Hearing officers

13B.030. Powers of agency head -- Hearing officers (1) An agency head may exercise all powers conferred on an agency relating to the conduct of administrative hearings, and he may delegate conferred powers to a hearing officer or a member of a collegial body that serves as an agency head, or he may delegate conferred powers to a hearing officer to conduct an administrative hearing before a hearing panel, reserving the authority to render a recommended order to that panel. An agency head may not, however, delegate the power to issue a final order unless specifically authorized by statute, or unless disqualified in accordance with KRS 13B.040(2). (2) (a) In securing hearing officers as necessary to conduct administrative hearings under the jurisdiction of the agency, an agency may: 1. Employ hearing officers; 2. Contract with another agency for hearing officers; or 3. Contract with private attorneys through personal service contract. (b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of this section only if the Attorney General has first dete rmined that the Attorney General's Office cannot provide the needed hearing officers to the agency. If the Attorney General determines that the Attorney General's Office can provide the needed hearing officers to the agency, the agency shall use the hearing officers provided by the Attorney General's Office. The expenses incurred by the Attorney General's Office in providing the hearing officers to the agency shall be paid to the Attorney General's Office by the agency in the following manner: 1. The amount to be paid by the agency to the Attorney General's Office shall be established by vouchers submitted by the Attorney General's Office to the agency which shall be promptly paid by the agency, at the beginning of, at the end of, or at any time during the p rovision of the hearing officers by the Attorney General's Office. 2. The expenses to be paid to the Attorney General's Office shall be calculated according to the amount of time spent by the salaried hearing officers of the Attorney General's Office in providing the services. The charge for time spent shall not exceed twent y-five percent (25%) more than the amount allowed for a sole practitioner under personal service contract. The Attorney General may require payment in advance of the provision of the requested services based on his calculation of the amount of time that will be spent by the salaried hearing officers of the Attorney General's Office in providing the services. The agency shall be reimbursed for any overpayment at the conclusion of the provision of services by the Attorney General's Office. (3) A hearing officer shall possess and meet qualifications as the Personnel Cabinet and the employing agency, with the advice of the office, may find necessary to assure competency in the conduct of an administrative hearing. The qualifications in this subsection shall not, however, apply to a member of a board, commission, or other collegial body who may serve as a hearing officer in his capacity as a member of the collegial body. (4) All hearing officers, including members of collegial bodies who serve as hearing officers, shall receive training necessary to prepare them to conduct a competent administrative hearing. The training shall pertain to the conduct of administrative hearings generally and to the applications of the provisions of this chapter, specifically. The office shall establish by administrative regulation minimum standards concerning the length of training, course content, and instructor qualifications. Required training shall not exceed eighteen (18) classroom hours for initial training and six (6) classroom hours per year for continuing training. Actual training may be conducted by an agency or any other organization, if the training program offered has been approved by the office as meeting minimum standards. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 4, effective April 5, 2024. -- Amended 1998 Ky. Acts ch. 154, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 3, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 3, effective July 15, 1996.

KRS 13B.040 Qualifications of hearing officer

13B.040. Qualifications of hearing officer (1) A person who has served as an investigator or prosecutor in an administrative hearing or in its preadjudicative stage shall not serve as hearing officer or assist or advise a hearing officer in the same proceeding. This shall not be construed as preventing a person who has participated as a hearing officer in a determination of probable cause or other equivalent preliminary determination from serving as a hearing officer in the same proceeding. (2) (a) A hearing officer, agency head, or member of an agency head who is serving as a hearing officer shall voluntarily disqualify himself and withdraw from any case in which he cannot afford a fair and impartial hearing or consideration. Any party may request the disqualification of a hearing officer, agency head, or member of the agency head by filing an affidavit, upon discovery of facts establishing grounds for a disqualification, stating the particular grounds upon which he claims that a fair and impartial hearing cannot be accorded. A request for the disqualification of a hearing officer shall be answered by the agency head within sixty (60) days of its filing. The request for disqualification and the disposition of the request shall be a part of the official record of the proceeding. Requests for disqualification of a hearing officer shall be determined by the agency head. Requests for disqualification of a hearing officer who is a member of the agency head shall be determined by the majority of the remaining members of the agency head. (b) Grounds for disqualification of a hearing officer shall include, but shall not be limited to, the following: 1. Serving as an investigator or prosecutor in the proceeding or the preadjudicative stages of the proceeding; 2. Participating in an ex parte communication which would prejudice the proceedings; 3. Having a pecuniary interest in the outcome of the proceeding; or 4. Having a personal bias toward any party to a proceeding which would cause a prejudgment on the outcome of the proceeding. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 279, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 4, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 4, effective July 15, 1996.

KRS 13B.050 Notice of administrative hearing

13B.050. Notice of administrative hearing (1) In any administrative hearing, the agency shall conduct the hearing as soon as practicable and shall give notice of the hearing to the parties not less than twenty (20) days in advance of the date set for the hearing, unless otherwise required by federal law. An agency shall make reasonable effort to schedule a hearing on a date that is convenient to the parties involved. (2) The notice required by subsection (1) of this section shall be served on the parties by certified mail, return receipt requested, sent to the last known address of the parties, or by personal service, with the exception of notices of Personnel Board hearings and all board orders which may be served by first-class mail. Service by certified mail shall be complete upon the date on which the agency receives the return receipt or the returned notice. (3) The notice required by this section shall be in plain language and shall include: (a) A statement of the date, time, place, and nature of the hearing; (b) The name, official title, and mailing address of the hearing officer; (c) The names, official titles, mailing addresses, and, if available, telephone numbers of all parties to the hearing, including the counsel or representative of the agency; (d) A statement of the factual basis for the agency action along with a statement of issues involved, in sufficient detail to give the parties reasonable opportunity to prepare evidence and argument; (e) A reference to the specific statutes and administrative regulations which relate to the issues involved and the procedure to be followed in the hearing; (f) A statement advising the person of his right to legal counsel; (g) A statement of the parties' right to examine, at least five (5) days prior to the hearing, a list of witnesses the parties expect to call at the hearing, any evidence to be used at the hearing and any exculpatory information in the agency's possession; and (h) A statement advising that any party who fails to attend or participate as required at any stage of the administrative hearing process may be held in default under this chapter. (4) If an agency decides not to conduct an administrative hearing in response to a petition, the agency shall notify the petitioner of its decision in writing, with a brief statement of the agency's reasons and any administrative review available to the petitioner. (5) Subsections (1), (2), and (3) of this section shall not apply to notices issued under KRS 11A.080(4)(b) when a party fails to file an answer or otherwise fails to participate. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 188, sec. 3, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 425, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 5, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 5, effective July 15, 1996.

KRS 13B.060 Petition for intervention

13B.060. Petition for intervention (1) The hearing officer shall grant a petition for intervention if: (a) The petitioner has a statutory right to initiate the proceeding in which he wishes to intervene; or (b) The petitioner has an interest which is or may be adversely affected by the outcome of the proceeding. (2) The hearing officer may grant intervention after consideration of the following factors and a determination that intervention is in the interests of justice: (a) The nature of the issues; (b) The adequacy of representation of the petitioner's interest which is provided by the existing parties to the proceeding; (c) The ability of the petitioner to present relevant evidence and argument; and (d) The effect of intervention on the agency's ability to implement its statutory mandate. (3) Unless otherwise required by federal law, a petition for intervention shall be filed and copies mailed to all parties named in the notice of the hearing, at least fourteen (14) days before the hearing. The parties to the hearing shall have seven (7) days within which to file any response they may have to the petition to intervene. If a petitioner qualifies for intervention under subsection (2) of this section, the hearing officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include: (a) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition; (b) Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and (c) Requiring two (2) or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceedings. (4) The hearing officer, at least three (3) days before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions, and briefly stating the reasons for the order. The hearing officer shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 6, effective July 15, 1996.

KRS 13B.070 Prehearing conference -- Mediation and informal settlement procedures

13B.070. Prehearing conference -- Mediation and informal settlement procedures (1) A hearing officer may convene and conduct a prehearing conference upon reasonable notice to all parties to explore jurisdictional matters, mediation and settlement possibilities, preparation of stipulations, clarification of issues, rulings on witnesses, taking of evidence, issuance of subpoenas and orders, and other matters that will promote the orderly and prompt conduct of the hearing. (2) Upon conclusion of a prehearing conference, the hearing officer shall issue a prehearing order incorporating all matters determined at the prehearing conference. If a prehearing conference is not held, the hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the hearing. (3) Except to the extent precluded by another provision of law, mediation or informal settlement of matters that may make unnecessary more elaborate proceedings under this chapter is encouraged. Agencies that employ informal settlement procedures shall establish by administrative regulation the specific procedures to be used. This subsection shall not be construed, however, as requiring any party to settle a matter pursuant to informal procedures when the right to an administrative hearing is conferred. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 261, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 7, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 7, effective July 15, 1996.

KRS 13B.080 Conduct of hearing

13B.080. Conduct of hearing (1) A hearing officer shall preside over the conduct of an administrative hearing and shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing. When a prehearing order has been issued, the hearing officer shall regulate the hearing in conformity with the prehearing order. (2) The hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions, objections, and offers of settlement. The hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed recommended or final orders. The original of all filings shall be mailed to the agency, and copies of any filed item shall be served on all parties and the hearing officer by mail or any other means permitted by law or prescribed by agency administrative regulation. The agency shall when it is received stamp the time and date upon a document. (3) The hearing officer may issue subpoenas and discovery orders when requested by a party or on his own volition. When a subpoena is disobeyed, any party may apply to the Circuit Court of the judicial circuit in which the administrative hearing is held for an order requiring obedience. Failure to comply with an order of the court shall be cause for punishment as a contempt of the court. (4) To the extent necessary for the full disclosure of all relevant facts and issues, the hearing officer shall afford all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by limited grant of intervention or a prehearing order. (5) Any party to an administrative hearing may participate in person or be represented by counsel. In informal proceedings, a party may be represented by other professionals if appropriate and if permitted by the agency by administrative regulation. (6) If a party properly served under KRS 13B.050 fails to attend or participate in a prehearing conference, hearing, or other stage of the administrative hearing process, or fails to comply with the orders of a hearing officer, the hearing officer may adjourn the proceedings and issue a default order granting or denying relief as appropriate, or may conduct the proceedings without the participation of the defaulting party, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings. A default order shall be considered a recommended order and shall be processed as provided in KRS 13B.110. (7) A hearing officer may conduct all or part of an administrative hearing, or a prehearing conference, by telephone, television, or other electronic means, if each party to the hearing has an opportunity to hear, and, if technically feasible, to see the entire proceeding as it occurs, and if each party agrees. (8) An administrative hearing shall be open to the public unless specifically closed pursuant to a provision of law. If an administrative hearing is conducted by telephone, television, or other electronic means, and is not closed, public access shall be satisfied by giving the public an opportunity, at reasonable times, to hear or inspect the agency's record. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 8, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 8, effective July 15, 1996.

KRS 13B.090 Findings of fact -- Evidence -- Recording of hearing -- Burdens of proof

13B.090. Findings of fact -- Evidence -- Recording of hearing -- Burdens of proof (1) In an administrative hearing, findings of fact shall be based exclusively on the evidence on the record. The hearing officer shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this Commonwealth. Hearsay evidence may be admissible, if it is the type of evidence that reasonable and prudent persons would rely on in their daily affairs, but it shall not be sufficient in itself to support an agency's findings of facts unless it would be admissible over objections in civil actions. (2) All testimony shall be made under oath or affirmation. Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party. The hearing officer may make a recommended order in an administrative hearing submitted in written form if the hearing officer determines there are no genuine issues of material fact in dispute and judgment is appropriate as a matter of law. (3) Any party shall have the right to inspect, at least five (5) days prior to the hearing, a list of all witnesses every other party expects to call at the hearing, and the available documentary or tangible evidence relating to an administrative hearing either in person or by counsel. Copies of documentary evidence may be obtained upon the payment of a fee, except documents protected from disclosure by state or federal law. Nothing in this section shall be construed as giving a party the right to examine or copy the personal notes, observations, or conclusions of the agency staff, unless exculpatory in nature, nor shall it be construed as allowing access to the work product of counsel for the agency. Conditions for examining and copying agency records, fees to be charged, and other matters pertaining to access to these records shall be governed by KRS 61.870 to 61.884. To the extent required by due process, the hearing officer may order the inspection of any records excluded from the application of KRS 61.870 to 61.884 under KRS 61.878 that relate to an act, transaction, or event that is a subject of the hearing, and may order their inclusion in the record under seal. (4) Objections to evidentiary offers may be made by any party and shall be noted in the record. (5) The hearing officer may take official notice of facts which are not in dispute, or of generally-recognized technical or scientific facts within the agency's specialized knowledge. The hearing officer shall notify all parties, either before or during the hearing, or in preliminary reports or otherwise, of any facts so noticed and their source. All parties shall be given an opportunity to contest facts officially noticed. (6) The agency shall cause all testimony, motions, and objections in a hearing to be accurately and completely recorded. Any person, upon request, may receive a copy of the recording or a copy of the transcript, if the hearing has been transcribed, at the discretion of the agency, unless the hearing is closed by law. The agency may prepare a transcript of a hearing or a portion of a hearing upon request but the party making the request shall be responsible for the transcription costs. The form of all requests and fees charged shall be consistent with KRS 61.870 to 61.884. (7) In all administrative hearings, unless otherwise provided by statute or federal law, the party proposing the agency take action or grant a benefit has the burden to show the propriety of the agency action or entitlement to the benefit sought. The agency has the burden to show the propriety of a penalty imposed or the removal of a benefit previously granted. The party asserting an affirmative defense has the burden to establish that defense. The party with the burden of proof on any issue has the burden of going forward and the ultimate burden of persuasion as to that issue. The ultimate burden of persuasion in all administrative hearings is met by a preponderance of evidence in the record, except when a higher standard of proof is required by law. Failure to meet the burden of proof is grounds for a recommended order from the hearing officer. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 188, sec. 4, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 318, sec. 9, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 9, effective July 15, 1996.

KRS 13B.100 Prohibited communications

13B.100. Prohibited communications (1) Unless required for the disposition of ex parte matters specifically authorized by statute, a hearing officer shall not communicate off the record with any party to the hearing or any other person who has a direct or indirect interest in the outcome of the hearing, concerning any substantive issue, while the proceeding is pending. (2) The prohibition stated in subsection (1) shall not apply to: (a) Communication with other agency staff, if the communication is not an ex parte communication received by staff; and (b) Communication among members of a collegial body or panel which by law is serving as a hearing officer. (3) If an ex parte communication occurs, the hearing officer shall note the occurrence for the record, and he shall place in the record a copy of the communication, if it was written, or a memorandum of the substance of the communication, if it was oral. Effective: July 15, 1996 History: Created 1994 Ky. Acts ch. 382, sec. 10, effective July 15, 1996.

KRS 13B.110 Recommended order

13B.110. Recommended order (1) Except when a shorter time period is provided by law, the hearing officer shall complete and submit to the agency head, no later than sixty (60) days after receiving a copy of the official record of the proceeding, a written recommended order which shall include his findings of fact, conclusion of law, and recommended disposition of the hearing, including recommended penalties, if any. The recommended order shall also include a statement advising parties fully of their exception and appeal rights. (2) If an extension of time is needed by the hearing officer to complete and submit his recommended order to the agency head, the hearing officer shall show good cause to the agency head, in writing, and based upon substantial proof, that an extension of time is needed. (3) If the agency head, after a showing of good cause, grants the hearing officer an extension of time: (a) The extension shall not exceed thirty (30) days from the date the extension was granted; (b) The statement granting the extension shall be included in the record of the hearing; and (c) Notice of the extension shall be sent to all parties. (4) A copy of the hearing officer's recommended order shall also be sent to each party in the hearing and each party shall have fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommendations with the agency head. Transmittal of a recommended order may be sent by regular mail to the last known address of the party. (5) The provisions of this section shall not apply in an administrative hearing where the hearing officer conducts the hearing in the presence of the agency head who renders a decision without the recommendation of the hearing officer. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 10, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 11, effective July 15, 1996.

KRS 13B.120 Final order

13B.120. Final order (1) In making the final order, the agency head shall consider the record including the recommended order and any exceptions duly filed to a recommended order. (2) The agency head may accept the recommended order of the hearing officer and adopt it as the agency's final order, or it may reject or modify, in whole or in part, the recommended order, or it may remand the matter, in whole or in part, to the hearing officer for further proceedings as appropriate. (3) The final order in an administrative hearing shall be in writing and stated in the record. If the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law. The final order shall also include the effective date of the order and a statement advising parties fully of available appeal rights. (4) Except as otherwise required by federal law, the agency head shall render a final order in an administrative hearing within ninety (90) days after: (a) The receipt of the official record of the hearing in which there was no hearing officer submitting a recommended order under KRS 13B.110; or (b) The hearing officer submits a recommended order to the agency head, unless the matter is remanded to the hearing officer for further proceedings. (5) Unless waived by the party, a copy of the final order shall be transmitted to each party or to his attorney of record in the same manner as provided in KRS 13B.050. (6) This section shall not apply to disposition pursuant to KRS 13B.070(3). (7) If, pursuant to statute, an agency may review the final order of another agency, the review is deemed to be a continuous proceeding as if before a single agency. The final order of the first agency is treated as a recommended order and the second agency functions as though it were reviewing a recommended order in accordance with this section. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 11, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 12, effective July 15, 1996.

KRS 13B.125 Emergency action -- Hearing -- Appeal

13B.125. Emergency action -- Hearing -- Appeal (1) An agency may take emergency action affecting the legal rights, duties, privileges or immunities of named persons without a hearing only if duly authorized by statute to so act. If an agency takes emergency action, the agency shall conduct an emergency hearing in accordance with the provisions of this section. (2) An agency head or an official of an agency duly authorized by law to summarily act in emergency situations may issue an emergency order to stop, prevent, or avoid an immediate danger to the public health, safety, or welfare. The emergency order shall contain findings of fact and conclusions of law upon which the agency bases the emergency order. The agency shall give notice of the emergency order to all affected parties as is practicable under the circumstances, and notice shall be served in the same manner as provided in KRS 13B.050(2). The emergency order is effective when received by the affected party or his representative. (3) Any person required to comply with an emergency order issued under subsection (2) of this section may request an emergency hearing to determine the propriety of the order. The agency shall conduct an emergency hearing within ten (10) working days of the request for hearing. The agency shall give all affected parties reasonable notice of the hearing and to the extent practicable shall conduct the hearing in conformity with this chapter. The hearing on the emergency order may be conducted by a hearing officer qualified in accordance with KRS 13B.040. Within five (5) working days of completion of the hearing, the agency or hearing officer shall render a written decision affirming, modifying, or revoking the emergency order. The emergency order shall be affirmed if there is substantial evidence of a violation of law which constitutes an immediate danger to the public health, safety, or welfare. (4) The decision rendered under subsection (3) of this section shall be a final order of the agency on the matter, and any party aggrieved by the decision may appeal to Circuit Court in the same manner as provided in KRS 13B.140. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 318, sec. 12, effective July 15, 1996.

KRS 13B.130 Official record of hearing

13B.130. Official record of hearing In each administrative hearing, an agency shall keep an official record of the proceedings which shall consist of: (1) All notices, pleadings, motions, and intermediate rulings; (2) Any prehearing orders; (3) Evidence received and considered; (4) A statement of matters officially noticed; (5) Proffers of proof and objections and rulings thereon; (6) Proposed findings, requested orders, and exemptions; (7) A copy of the recommended order, exceptions filed to the recommended order, and a copy of the final order; (8) All requests by the hearing officer for an extension of time, and the response of the agency head; (9) Ex parte communications placed upon the record by the hearing officer; and (10) A recording or transcript of the proceedings. Effective: July 15, 1996 History: Created 1994 Ky. Acts ch. 382, sec. 13, effective July 15, 1996.

KRS 13B.140 Judicial review of final order

13B.140. Judicial review of final order (1) Except as provided in KRS 452.005, all final orders of an agency shall be subject to judicial review in accordance with the provisions of this chapter. A party shall institute an appeal by filing a petition in the Circuit Court of venue, as provided in the agency's enabling statutes, within thirty (30) days after the final order of the agency is mailed or delivered by personal service. If venue for appeal is not stated in the enabling statutes, a party may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides or operates a place of business. Copies of the petition shall be served by the petitioner upon the agency and all parties of record. The petition shall include the names and addresses of all parties to the proceeding and the agency involved, and a statement of the grounds on which the review is requested. The petition shall be accompanied by a copy of the final order. (2) A party may file a petition for judicial review only after the party has exhausted all administrative remedies available within the agency whose action is being challenged, and within any other agency authorized to exercise administrative review. (3) Within twenty (20) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the official record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. The court may require or permit subsequent correction or additions to the official record. If the court requests a transcript of proceedings that have not been transcribed, the cost of the transcription shall be paid by the party initiating the appeal, unless otherwise agreed to by all parties. (4) A petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless: (a) An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings; (b) A stay is permitted by the agency and granted upon request; or (c) A stay is ordered by the Circuit Court of jurisdiction upon petition. Effective:February 2, 2021 History: Amended 2021 Ky. Acts ch. 2, sec. 2, effective February 2, 2021. -- Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.

KRS 13B.150 Conduct of judicial review

13B.150. Conduct of judicial review (1) Except as provided in KRS 452.005, review of a final order shall be conducted by the court without a jury and shall be confined to the record, unless there is fraud or misconduct involving a party engaged in administration of this chapter. The court, upon request, may hear oral argument and receive written briefs. Challenges to the constitutionality of a final order shall be reviewed in accordance with KRS 452.005. (2) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the final order or it may reverse the final order, in whole or in part, and remand the case for further proceedings if it finds the agency's final order is: (a) In violation of constitutional or statutory provisions; (b) In excess of the statutory authority of the agency; (c) Without support of substantial evidence on the whole record; (d) Arbitrary, capricious, or characterized by abuse of discretion; (e) Based on an ex parte communication which substantially prejudiced the rights of any party and likely affected the outcome of the hearing; (f) Prejudiced by a failure of the person conducting a proceeding to be disqualified pursuant to KRS 13B.040(2); or (g) Deficient as otherwise provided by law. (3) The court shall apply de novo review of the agency's final order on questions of law. An agency's interpretation of a statute or administrative regulation shall not be entitled to deference from a reviewing court. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 112, sec. 3, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 2, sec. 3, effective February 2, 2021. -- Created 1994 Ky. Acts ch. 382, sec. 15, effective July 15, 1996.

KRS 13B.160 Judicial appeal

13B.160. Judicial appeal Any aggrieved party may appeal any final judgment of the Circuit Court under this chapter to the Court of Appeals in accordance with the Kentucky Rules of Civil Procedure. Effective: July 15, 1996 History: Created 1994 Ky. Acts ch. 382, sec. 16, effective July 15, 1996.

KRS 13B.170 Administrative regulations

13B.170. Administrative regulations (1) An agency shall have authority to promulgate administrative regulations that are necessary to carry out the provisions of this chapter. (2) Nothing in this chapter shall be construed to prohibit an agency from enacting administrative hearing procedures by administrative regulations which are supplemental to the provisions of this chapter. Effective: July 15, 1996 History: Created 1994 Ky. Acts ch. 382, sec. 17, effective July 15, 1996.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37085Fetched: 10/20/2026