Kentucky Statutes 238.565 – Appeals of administrative actions
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(1) A license holder may appeal any administrative action taken under KRS § 238.560. A license holder shall be notified in writing of any action to be taken against him. The notification may be delivered in person or mailed by certified mail, return receipt requested, to the last known address of the license holder. Service of notification of administrative action, whether by hand delivery or by certified mail, shall be deemed complete if the license holder fails or refuses to accept delivery. For service by hand delivery, notification shall be deemed received upon acceptance of delivery or upon failure or refusal to accept delivery, and the person affecting service on behalf of the department shall record the fact of the failure or refusal. For service by certified mail, the notification of administrative action shall be deemed received when the license holder accepts delivery or fails or refuses to accept delivery at the last known address. The notification shall specify the charges against the license holder, specify the proposed administrative sanction, and advise him of his right to appeal the decision within ten (10) days of the date of receipt of the notification.
(2) Upon receipt of an appeal, the department shall schedule the matter for an administrative hearing that shall be conducted in accordance with KRS Chapter
13B.
(3) Any provisions of KRS Chapter 13B notwithstanding, within twenty (20) days after the conclusion of a hearing, the hearing officer shall prepare and present to the commissioner a recommended order based on findings of fact and conclusions of law. Within thirty (30) days of receipt of the recommended order, the commissioner shall affirm, reject, or modify, in whole or in part, the recommended order and shall issue a final order. The final order shall be the final administrative action on the matter and a copy of the final order shall be mailed to the license holder, by certified mail, return receipt requested.
(4) Any administrative action taken under this section shall, upon appeal, be stayed until a final order is issued, with the exception of a summary suspension. The department may issue an emergency order pursuant to KRS § 13B.125 to summarily suspend a license upon finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, safety, or welfare.
(5) A final order of the commissioner may be appealed to Franklin Circuit Court in accordance with KRS Chapter 13B. If the license holder against whom administrative action is proposed does not request an appeal of the action, the department shall enter a final order imposing the proposed administrative action.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 547, effective July 15, 2010. — Amended
2000 Ky. Acts ch. 374, sec. 15, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 158, effective July 15, 1996. — Created 1994 Ky. Acts ch. 66, sec. 14, effective March 16, 1994.
(2) Upon receipt of an appeal, the department shall schedule the matter for an administrative hearing that shall be conducted in accordance with KRS Chapter
Terms Used In Kentucky Statutes 238.565
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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 - Commissioner: means the commissioner of the Department of Charitable
Gaming within the Public Protection Cabinet. See Kentucky Statutes 238.505 - Department: means the Department of Charitable Gaming within the Public
Protection Cabinet. See Kentucky Statutes 238.505
13B.
(3) Any provisions of KRS Chapter 13B notwithstanding, within twenty (20) days after the conclusion of a hearing, the hearing officer shall prepare and present to the commissioner a recommended order based on findings of fact and conclusions of law. Within thirty (30) days of receipt of the recommended order, the commissioner shall affirm, reject, or modify, in whole or in part, the recommended order and shall issue a final order. The final order shall be the final administrative action on the matter and a copy of the final order shall be mailed to the license holder, by certified mail, return receipt requested.
(4) Any administrative action taken under this section shall, upon appeal, be stayed until a final order is issued, with the exception of a summary suspension. The department may issue an emergency order pursuant to KRS § 13B.125 to summarily suspend a license upon finding that continued operation of the license holder pending a hearing would constitute a threat to the public health, safety, or welfare.
(5) A final order of the commissioner may be appealed to Franklin Circuit Court in accordance with KRS Chapter 13B. If the license holder against whom administrative action is proposed does not request an appeal of the action, the department shall enter a final order imposing the proposed administrative action.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 547, effective July 15, 2010. — Amended
2000 Ky. Acts ch. 374, sec. 15, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 158, effective July 15, 1996. — Created 1994 Ky. Acts ch. 66, sec. 14, effective March 16, 1994.