Kentucky Statutes 335B.030 – Written notice of denial of position of public employment based on prior criminal conviction — Disqualification of individual from occupation requiring license — Connection between prior conviction and license sought re…
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(1) (a) If a hiring or licensing authority denies an individual a position of public employment solely because of the individual’s prior conviction of a crime, the hiring or licensing authority shall notify the individual in writing of the following:
1. The grounds and reasons for the denial or disqualification;
For details, see § 532.060
2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if written request for hearing is made within ten (10) days after service of notice;
3. The earliest date the person may reapply for a position of public employment or a license; and
4. That evidence of rehabilitation may be considered upon reapplication.
(b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Court in accordance with KRS Chapter 13B.
(2) (a) Except as provided in paragraph (b) of this subsection, a hiring or licensing authority shall not disqualify an individual from pursuing, practicing, or engaging in any occupation for which a license is required solely because of the individual’s prior conviction of a crime, unless the authority provides the individual with a written notice that the authority has determined that the prior conviction may disqualify the person, demonstrates the connection between the prior conviction and the license being sought, and affords the individual an opportunity to be personally heard before the board prior to the board making a decision on whether to disqualify the individual. If the license is denied after the person was heard, the hiring or licensing authority shall notify the individual in writing of the following:
1. The grounds and reasons for the denial or disqualification;
2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if a written request for hearing is made within ten (10) days after service of notice;
3. The earliest date the person may reapply for a license; and
4. That evidence of rehabilitation may be considered upon reapplication.
(b) If an individual’s prior conviction was for a Class A felony, a Class B felony, or any felony offense that would qualify the individual as a registrant pursuant to KRS § 17.500, there shall be a rebuttable presumption that a connection exists between the prior conviction and the license being sought.
(c) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin
Circuit Court in accordance with KRS Chapter 13B.
(3) Except as provided in subsection (2)(b) of this section, in any administrative hearing or civil litigation authorized under this section, the hiring or licensing authority shall carry the burden of proof on the question of whether the prior conviction directly relates to the position of employment sought or the occupation for which the license is sought.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 31, effective June 29, 2017. — Amended 1996 Ky. Acts ch. 318, sec. 312, effective July 15, 1996. — Created
1978 Ky. Acts ch. 210, sec. 3, effective June 17, 1978.
1. The grounds and reasons for the denial or disqualification;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 335B.030
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if written request for hearing is made within ten (10) days after service of notice;
3. The earliest date the person may reapply for a position of public employment or a license; and
4. That evidence of rehabilitation may be considered upon reapplication.
(b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Court in accordance with KRS Chapter 13B.
(2) (a) Except as provided in paragraph (b) of this subsection, a hiring or licensing authority shall not disqualify an individual from pursuing, practicing, or engaging in any occupation for which a license is required solely because of the individual’s prior conviction of a crime, unless the authority provides the individual with a written notice that the authority has determined that the prior conviction may disqualify the person, demonstrates the connection between the prior conviction and the license being sought, and affords the individual an opportunity to be personally heard before the board prior to the board making a decision on whether to disqualify the individual. If the license is denied after the person was heard, the hiring or licensing authority shall notify the individual in writing of the following:
1. The grounds and reasons for the denial or disqualification;
2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if a written request for hearing is made within ten (10) days after service of notice;
3. The earliest date the person may reapply for a license; and
4. That evidence of rehabilitation may be considered upon reapplication.
(b) If an individual’s prior conviction was for a Class A felony, a Class B felony, or any felony offense that would qualify the individual as a registrant pursuant to KRS § 17.500, there shall be a rebuttable presumption that a connection exists between the prior conviction and the license being sought.
(c) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin
Circuit Court in accordance with KRS Chapter 13B.
(3) Except as provided in subsection (2)(b) of this section, in any administrative hearing or civil litigation authorized under this section, the hiring or licensing authority shall carry the burden of proof on the question of whether the prior conviction directly relates to the position of employment sought or the occupation for which the license is sought.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 31, effective June 29, 2017. — Amended 1996 Ky. Acts ch. 318, sec. 312, effective July 15, 1996. — Created
1978 Ky. Acts ch. 210, sec. 3, effective June 17, 1978.