Kentucky Statutes 13B.050 – Notice of administrative hearing
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(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.
(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.
Terms Used In Kentucky Statutes 13B.050
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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. See Kentucky Statutes 13B.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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. See Kentucky Statutes 13B.010
- 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. See Kentucky Statutes 13B.010
- Party: means :
(a) The named person whose legal rights, duties, privileges, or immunities are being adjudicated in the administrative hearing. See Kentucky Statutes 13B.010
(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.