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304.2-310 Administrative procedures -- Hearings.
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The commissioner may hold a hearing, without request by others, for any
purpose within the scope of this code.
The commissioner shall hold a hearing:
(a) If required by any other provision of this code; or
(b) Upon written application for a hearing by a person aggrieved by any act,
threatened act, or failure of the commissioner to act, or by any report,
administrative regulation, or order of the commissioner (other than an
order for the holding of a hearing, or a final order entered after a hearing,
of which hearing the person had notice). Any application for a hearing
shall be filed in the department within sixty (60) days after the person
knew or reasonably should have known, of the act, threatened act, failure,
report, administrative regulation, or order, unless a different period is
provided for by other laws applicable to the particular matter, in which
case the other law shall govern.
Any application for a hearing shall briefly state the respects in which the
applicant is so aggrieved, together with the grounds to be relied upon as a
basis for the relief to be sought at the hearing.
If the commissioner finds that the application is made in good faith, that the
applicant would be so aggrieved if his or her grounds are established, the
commissioner shall hold the hearing in accordance with KRS Chapter 13B.
Pending the hearing and the issuance of the final order resulting from the
hearing, the commissioner shall suspend or postpone the effective date of the
previous action.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 948, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 318, sec. 227, effective July 15, 1996. -- Created
1970 Ky. Acts ch. 301, subtit. 2, sec. 31, effective June 18, 1970.
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