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13B.030 Powers of agency head -- Hearing officers.
(1)
(2)
(3)
An agency head may exercise all powers conferred on an agency relating to
the conduct of administrative hearings, and he may delegate conferred powers
to a hearing officer or a member of a collegial body that serves as an agency
head, or he may delegate conferred powers to a hearing officer to conduct an
administrative hearing before a hearing panel, reserving the authority to render
a recommended order to that panel. An agency head may not, however,
delegate the power to issue a final order unless specifically authorized by
statute, or unless disqualified in accordance with KRS 13B.040(2).
(a) In securing hearing officers as necessary to conduct administrative
hearings under the jurisdiction of the agency, an agency may:
1.
Employ hearing officers;
2.
Contract with another agency for hearing officers; or
3.
Contract with private attorneys through personal service contract.
(b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of
this section only if the Attorney General has first determined that the
Attorney General's Office cannot provide the needed hearing officers to
the agency. If the Attorney General determines that the Attorney
General's Office can provide the needed hearing officers to the agency,
the agency shall use the hearing officers provided by the Attorney
General's Office. The expenses incurred by the Attorney General's Office
in providing the hearing officers to the agency shall be paid to the
Attorney General's Office by the agency in the following manner:
1.
The amount to be paid by the agency to the Attorney General's
Office shall be established by vouchers submitted by the Attorney
General's Office to the agency which shall be promptly paid by the
agency, at the beginning of, at the end of, or at any time during the
provision of the hearing officers by the Attorney General's Office.
2.
The expenses to be paid to the Attorney General's Office shall be
calculated according to the amount of time spent by the salaried
hearing officers of the Attorney General's Office in providing the
services. The charge for time spent shall not exceed twenty-five
percent (25%) more than the amount allowed for a sole practitioner
under personal service contract. The Attorney General may require
payment in advance of the provision of the requested services
based on his calculation of the amount of time that will be spent by
the salaried hearing officers of the Attorney General's Office in
providing the services. The agency shall be reimbursed for any
overpayment at the conclusion of the provision of services by the
Attorney General's Office.
A hearing officer shall possess and meet qualifications as the Personnel
Cabinet and the employing agency, with the advice of the division, may find
necessary to assure competency in the conduct of an administrative hearing.
The qualifications in this subsection shall not, however, apply to a member of a
board, commission, or other collegial body who may serve as a hearing officer
in his capacity as a member of the collegial body.
(4)
All hearing officers, including members of collegial bodies who serve as
hearing officers, shall receive training necessary to prepare them to conduct a
competent administrative hearing. The training shall pertain to the conduct of
administrative hearings generally and to the applications of the provisions of
this chapter, specifically. The division shall establish by administrative
regulation minimum standards concerning the length of training, course
content, and instructor qualifications. Required training shall not exceed
eighteen (18) classroom hours for initial training and six (6) classroom hours
per year for continuing training. Actual training may be conducted by an agency
or any other organization, if the training program offered has been approved by
the division as meeting minimum standards.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 4, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 318, sec. 3, effective July 15, 1996. -- Created 1994
Ky. Acts ch. 382, sec. 3, effective July 15, 1996.
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