2011 Kentucky Revised Statutes CHAPTER 151 GEOLOGY AND WATER RESOURCES 151.184 Hearing conducted by hearing officer -- Final determination by secretary -- Use of counsel -- Subpoena power -- Hearings to be public.
KY Rev Stat § 151.184 (1996 through Reg Sess) What's This?
151.184 Hearing conducted by hearing officer -- Final determination by secretary - Use of counsel -- Subpoena power -- Hearings to be public.
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All hearings under this chapter shall be held before a qualified hearing officer, who
may be a full-time employee of the cabinet, serve by contract, or be paid on a per
diem basis at the discretion of the cabinet. After the conclusion of the hearing, the
hearing officer shall within thirty (30) days make a report to the secretary and a
recommended order which shall contain a finding of fact and a conclusion of law.
If the secretary finds upon written request of the hearing officer that additional time
is needed, then the secretary may grant an extension. The hearing officer shall serve
a copy of his report and recommended order upon all parties of record to the
proceeding and they shall be granted the right to file within fourteen (14) days of
receipt exceptions thereto. The secretary shall consider the report, exceptions, and
recommended order and decide the case. The decision shall be served by mail upon
all parties and shall be a final order of the cabinet.
Any party to a hearing conducted pursuant to this chapter may be represented by
counsel, make oral or written argument, offer testimony, cross-examine witnesses,
or take any combination of such actions. The record of the hearing shall be open to
public inspection, and copies thereof shall be made available to any person upon
payment of the actual cost of reproducing the original.
In connection with a hearing the cabinet shall issue subpoenas in response to any
reasonable request by any party to the hearing requiring the attendance and
testimony of witnesses and the production of evidence relevant to any matter
involved in the hearing. In case of refusal to obey a subpoena issued to any person,
the Franklin Circuit Court, upon application by the cabinet, may issue to that person
an order requiring him to appear before the cabinet, there to produce documentary
evidence if so ordered or to give evidence touching the matter under investigation or
in question; and any failure to obey the order of the court may be punished by the
court as a contempt of court.
All hearings conducted pursuant to this chapter shall be open to the public.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 215, sec. 4, effective July 14, 1992. -- Created
1980 Ky. Acts ch. 253, sec. 2, effective July 15, 1980.
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