Download as PDF
13B.080 Conduct of hearing.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A hearing officer shall preside over the conduct of an administrative hearing
and shall regulate the course of the proceedings in a manner which will
promote the orderly and prompt conduct of the hearing. When a prehearing
order has been issued, the hearing officer shall regulate the hearing in
conformity with the prehearing order.
The hearing officer, at appropriate stages of the proceedings, shall give all
parties full opportunity to file pleadings, motions, objections, and offers of
settlement. The hearing officer, at appropriate stages of the proceedings, may
give all parties full opportunity to file briefs, proposed findings of fact and
conclusions of law, and proposed recommended or final orders. The original of
all filings shall be mailed to the agency, and copies of any filed item shall be
served on all parties and the hearing officer by mail or any other means
permitted by law or prescribed by agency administrative regulation. The agency
shall when it is received stamp the time and date upon a document.
The hearing officer may issue subpoenas and discovery orders when
requested by a party or on his own volition. When a subpoena is disobeyed,
any party may apply to the Circuit Court of the judicial circuit in which the
administrative hearing is held for an order requiring obedience. Failure to
comply with an order of the court shall be cause for punishment as a contempt
of the court.
To the extent necessary for the full disclosure of all relevant facts and issues,
the hearing officer shall afford all parties the opportunity to respond, present
evidence and argument, conduct cross-examination, and submit rebuttal
evidence, except as restricted by limited grant of intervention or a prehearing
order.
Any party to an administrative hearing may participate in person or be
represented by counsel. In informal proceedings, a party may be represented
by other professionals if appropriate and if permitted by the agency by
administrative regulation.
If a party properly served under KRS 13B.050 fails to attend or participate in a
prehearing conference, hearing, or other stage of the administrative hearing
process, or fails to comply with the orders of a hearing officer, the hearing
officer may adjourn the proceedings and issue a default order granting or
denying relief as appropriate, or may conduct the proceedings without the
participation of the defaulting party, having due regard for the interests of
justice and the orderly and prompt conduct of the proceedings. A default order
shall be considered a recommended order and shall be processed as provided
in KRS 13B.110.
A hearing officer may conduct all or part of an administrative hearing, or a
prehearing conference, by telephone, television, or other electronic means, if
each party to the hearing has an opportunity to hear, and, if technically
feasible, to see the entire proceeding as it occurs, and if each party agrees.
An administrative hearing shall be open to the public unless specifically closed
pursuant to a provision of law. If an administrative hearing is conducted by
telephone, television, or other electronic means, and is not closed, public
access shall be satisfied by giving the public an opportunity, at reasonable
times, to hear or inspect the agency's record.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 8, effective July 15, 1996. -Created 1994 Ky. Acts ch. 382, sec. 8, effective July 15, 1996.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.