Download as PDF
13B.050 Notice of administrative hearing.
(1)
(2)
(3)
(4)
In any administrative hearing, the agency shall conduct the hearing as soon as
practicable and shall give notice of the hearing to the parties not less than
twenty (20) days in advance of the date set for the hearing, unless otherwise
required by federal law. An agency shall make reasonable effort to schedule a
hearing on a date that is convenient to the parties involved.
The notice required by subsection (1) of this section shall be served on the
parties by certified mail, return receipt requested, sent to the last known
address of the parties, or by personal service, with the exception of notices of
Personnel Board hearings and all board orders which may be served by
first-class mail. Service by certified mail shall be complete upon the date on
which the agency receives the return receipt or the returned notice.
The notice required by this section shall be in plain language and shall include:
(a) A statement of the date, time, place, and nature of the hearing;
(b) The name, official title, and mailing address of the hearing officer;
(c) The names, official titles, mailing addresses, and, if available, telephone
numbers of all parties to the hearing, including the counsel or
representative of the agency;
(d) A statement of the factual basis for the agency action along with a
statement of issues involved, in sufficient detail to give the parties
reasonable opportunity to prepare evidence and argument;
(e) A reference to the specific statutes and administrative regulations which
relate to the issues involved and the procedure to be followed in the
hearing;
(f) A statement advising the person of his right to legal counsel;
(g) A statement of the parties' right to examine, at least five (5) days prior to
the hearing, a list of witnesses the parties expect to call at the hearing,
any evidence to be used at the hearing and any exculpatory information in
the agency's possession; and
(h) A statement advising that any party who fails to attend or participate as
required at any stage of the administrative hearing process may be held
in default under this chapter.
If an agency decides not to conduct an administrative hearing in response to a
petition, the agency shall notify the petitioner of its decision in writing, with a
brief statement of the agency's reasons and any administrative review available
to the petitioner.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 425, sec. 1, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 318, sec. 5, effective July 15, 1996. -- Created 1994
Ky. Acts ch. 382, sec. 5, 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.