Kentucky Statutes 15.111 v2 – Division of Administrative Hearings. (Effective July 1, 2024)
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(1) The Division of Administrative Hearings is created in the Office of Attorney
General.
(2) This division shall have the following responsibilities:
(a) Employing and maintaining a pool of hearing officers for assignment to the individual agencies at their request, for the conduct of administrative hearings. The Attorney General’s office may also employ other staff as necessary to carry out functions and responsibilities assigned by KRS Chapter 13B;
(b) Reviewing and approving or disapproving requests from agencies for waivers from provisions of KRS Chapter 13B;
(c) Providing training in administrative hearing procedures for hearing officers as required in KRS § 13B.030, either by developing and offering the training, or by contracting with appropriate organizations for the provision of training, or by approving training developed and submitted by the agencies;
(d) Consulting with the Personnel Cabinet and employing agencies in the establishment of relevant and appropriate qualifications for classes of hearing officers;
(e) Establishing, in cooperation with the Division of Consumer Protection, a clearinghouse for complaints concerning the administrative hearing process in Kentucky. Each complaint received shall be referred to the agency that is the subject of the complaint, and the action of the agency to resolve the complaint shall be noted and reported to the division;
(f) Reporting to the Legislative Research Commission by July 1 of each odd- numbered year, the status of the administrative hearing process in Kentucky. The report shall include a compilation of statistical data and other information necessary to assess the effectiveness and efficiency of hearing procedures and recommendations for making improvements to the system. Agencies shall provide the information requested by the Division of Administrative Hearings necessary to complete the report;
(g) Reporting to the Cabinet for Health and Family Services, Office of Inspector
General, for review and investigation:
1. Any charge or case against any employee of the Cabinet for Health and Family Services where it has cause to believe the employee has engaged in dishonest, unethical, or illegal conduct or practices related to his or her job duties; or
2. Any violation of state law or administrative regulation by any organization or individual regulated by, or contracted with, the Cabinet for Health and Family Services; and
(h) Conducting and providing oversight of administrative hearings as it relates to the Cabinet for Health and Family Services.
Effective: July 1, 2024
History: Amended 2023 Ky. Acts ch. 124, sec. 4, effective July 1, 2024. — Amended
1998 Ky. Acts ch. 154, sec. 5, effective July 15, 1998. — Created 1994 Ky. Acts ch.
382, sec. 18, effective July 15, 1994.
General.
Terms Used In Kentucky Statutes 15.111 v2
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oversight: Committee review of the activities of a Federal agency or program.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(2) This division shall have the following responsibilities:
(a) Employing and maintaining a pool of hearing officers for assignment to the individual agencies at their request, for the conduct of administrative hearings. The Attorney General’s office may also employ other staff as necessary to carry out functions and responsibilities assigned by KRS Chapter 13B;
(b) Reviewing and approving or disapproving requests from agencies for waivers from provisions of KRS Chapter 13B;
(c) Providing training in administrative hearing procedures for hearing officers as required in KRS § 13B.030, either by developing and offering the training, or by contracting with appropriate organizations for the provision of training, or by approving training developed and submitted by the agencies;
(d) Consulting with the Personnel Cabinet and employing agencies in the establishment of relevant and appropriate qualifications for classes of hearing officers;
(e) Establishing, in cooperation with the Division of Consumer Protection, a clearinghouse for complaints concerning the administrative hearing process in Kentucky. Each complaint received shall be referred to the agency that is the subject of the complaint, and the action of the agency to resolve the complaint shall be noted and reported to the division;
(f) Reporting to the Legislative Research Commission by July 1 of each odd- numbered year, the status of the administrative hearing process in Kentucky. The report shall include a compilation of statistical data and other information necessary to assess the effectiveness and efficiency of hearing procedures and recommendations for making improvements to the system. Agencies shall provide the information requested by the Division of Administrative Hearings necessary to complete the report;
(g) Reporting to the Cabinet for Health and Family Services, Office of Inspector
General, for review and investigation:
1. Any charge or case against any employee of the Cabinet for Health and Family Services where it has cause to believe the employee has engaged in dishonest, unethical, or illegal conduct or practices related to his or her job duties; or
2. Any violation of state law or administrative regulation by any organization or individual regulated by, or contracted with, the Cabinet for Health and Family Services; and
(h) Conducting and providing oversight of administrative hearings as it relates to the Cabinet for Health and Family Services.
Effective: July 1, 2024
History: Amended 2023 Ky. Acts ch. 124, sec. 4, effective July 1, 2024. — Amended
1998 Ky. Acts ch. 154, sec. 5, effective July 15, 1998. — Created 1994 Ky. Acts ch.
382, sec. 18, effective July 15, 1994.