(1) Hearings authorized by the provisions of this chapter may be conducted by a hearing officer appointed by the review commission to serve in its place. Said hearing officer may be a full-time employee, serve by contract, or be paid on a per diem basis at the discretion of the review commission.
(2) In the conduct of these hearings, the review commission or hearing officer may subpoena and examine witnesses, require the production of evidence, administer oaths, and take testimony and depositions.

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Terms Used In Kentucky Statutes 338.081

  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Review commission: means the Kentucky Occupational Safety and Health
    Review Commission established under this chapter. See Kentucky Statutes 338.015
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(3) After hearing an appeal, the review commission may sustain, modify or dismiss a citation or penalty.
History: Created 1972 Ky. Acts ch. 251, sec. 9.