Kentucky Statutes 329.110 – Record of proceedings — Service of secretary’s report — Motion for rehearing
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(1) The cabinet, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the denial, suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the secretary and orders of the cabinet shall be the records of such proceedings. The cabinet shall furnish a transcript of such record to any person interested in such hearing upon the payment therefor of seventy-five cents ($0.75) per page for each original transcript and twenty-five cents ($0.25) per page for each carbon copy thereof ordered with the original; provided, however, the charge for any part of such transcript ordered and paid for previous to the writing of the original record therefor shall be twenty-five cents ($0.25) per page.
(2) In any case involving the denial, suspension or revocation of a license, a copy of the secretary’s report shall be served upon the respondent by the cabinet, either personally or by certified mail as provided in KRS § 329.100 for the service of the notice of hearing. Within twenty (20) days after such service, the respondent may present to the cabinet a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the secretary may enter an order in accordance with recommendations of the cabinet. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, the twenty (20) day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 90, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 74, Art. V, sec. 24(13). — Created 1962 Ky. Acts ch. 78, sec. 12.
(2) In any case involving the denial, suspension or revocation of a license, a copy of the secretary’s report shall be served upon the respondent by the cabinet, either personally or by certified mail as provided in KRS § 329.100 for the service of the notice of hearing. Within twenty (20) days after such service, the respondent may present to the cabinet a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the secretary may enter an order in accordance with recommendations of the cabinet. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, the twenty (20) day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
Terms Used In Kentucky Statutes 329.110
- Cabinet: means the Justice and Public Safety Cabinet of the Commonwealth of
Kentucky. See Kentucky Statutes 329.010 - 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 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means any natural person, partnership, association, corporation, or trust. See Kentucky Statutes 329.010
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Secretary: means the secretary of the Justice and Public Safety Cabinet of the
Commonwealth of Kentucky. See Kentucky Statutes 329.010 - Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 90, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 74, Art. V, sec. 24(13). — Created 1962 Ky. Acts ch. 78, sec. 12.