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224.10-420 Notice of complaint -- Answer to charges -- Petition by aggrieved party
-- Hearing.
(1)
(2)
Whenever the cabinet has reason to believe that a violation of any of the provisions
of this chapter or any administrative regulation promulgated pursuant thereto has
occurred, it shall issue and serve upon the person complained against a written
notice of the provision of this chapter or the administrative regulation alleged to
have been violated and the facts alleged to constitute the violation thereof and shall
require the person so complained against to answer the charges set out in the notice
at a hearing before the cabinet at a time not less than twenty-one (21) days after the
date of notice, except as provided in KRS 224.10-410 or unless the person
complained against waives in writing the twenty-one (21) day period.
Any person not previously heard in connection with the issuance of any order or the
making of any final determination arising under this chapter by which he considers
himself aggrieved may file with the cabinet a petition alleging that the order or final
determination is contrary to law or fact and is injurious to him, alleging the grounds
and reasons therefor, and demand a hearing. An order or final determination
includes, but is not limited to, the issuance, denial, modification, or revocation of a
permit, but does not include the issuance of a letter identifying deficiencies in an
application for a permit, a registration or a certification, or other nonfinal
determinations. This subsection does not abrogate the right to a hearing on a draft
permit afforded by KRS 224.40-310. Unless the cabinet considers that the petition
is frivolous, it shall serve written notice of the petition on each person named
therein and shall schedule a hearing before the cabinet not less than twenty-one (21)
days after the date of such notice, except as provided in KRS 224.10-410 or unless
the person complained against waives in writing the twenty-one (21) day period.
The right to demand a hearing pursuant to this section shall be limited to a period of
thirty (30) days after the petitioner has had actual notice of the order or final
determination complained of, or could reasonably have had such notice.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 215, sec. 1, effective July 14, 1992. -- Amended
1978 Ky. Acts ch. 207, sec. 1, effective June 17, 1978. -- Created 1972 (1st Extra.
Sess.) Ky. Acts ch. 3, sec. 24, effective January 1, 1973.
Formerly codified as KRS 224.081.
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