2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.846 Enforcement by administrative procedure -- Appeal.
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61.846 Enforcement by administrative procedure -- Appeal.
(1)
(2)
(3)
If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall
begin enforcement under this subsection before proceeding to enforcement
under subsection (2) of this section. The person shall submit a written
complaint to the presiding officer of the public agency suspected of the
violation of KRS 61.805 to 61.850. The complaint shall state the circumstances
which constitute an alleged violation of KRS 61.805 to 61.850 and shall state
what the public agency should do to remedy the alleged violation. The public
agency shall determine within three (3) days, excepting Saturdays, Sundays,
and legal holidays, after the receipt of the complaint whether to remedy the
alleged violation pursuant to the complaint and shall notify in writing the person
making the complaint, within the three (3) day period, of its decision. If the
public agency makes efforts to remedy the alleged violation pursuant to the
complaint, efforts to remedy the alleged violation shall not be admissible as
evidence of wrongdoing in an administrative or judicial proceeding. An
agency's response denying, in whole or in part, the complaint's requirements
for remedying the alleged violation shall include a statement of the specific
statute or statutes supporting the public agency's denial and a brief explanation
of how the statute or statutes apply. The response shall be issued by the
presiding officer, or under his authority, and shall constitute final agency action.
If a complaining party wishes the Attorney General to review a public agency's
denial, the complaining party shall forward to the Attorney General a copy of
the written complaint and a copy of the written denial within sixty (60) days from
receipt by that party of the written denial. If the public agency refuses to
provide a written denial, a complaining party shall provide a copy of the written
complaint within sixty (60) days from the date the written complaint was
submitted to the presiding officer of the public agency. The Attorney General
shall review the complaint and denial and issue within ten (10) days, excepting
Saturdays, Sundays, and legal holidays, a written decision which states
whether the agency violated the provisions of KRS 61.805 to 61.850. In arriving
at the decision, the Attorney General may request additional documentation
from the agency. On the day that the Attorney General renders his decision, he
shall mail a copy to the agency and a copy to the person who filed the
complaint.
(a) If a public agency agrees to remedy an alleged violation pursuant to
subsection (1) of this section, and the person who submitted the written
complaint pursuant to subsection (1) of this section believes that the
agency's efforts in this regard are inadequate, the person may complain
to the Attorney General.
(b) The person shall provide to the Attorney General:
1.
The complaint submitted to the public agency;
2.
The public agency's response; and
3.
A written statement of how the public agency has failed to remedy
the alleged violation.
(c) The adjudicatory process set forth in subsection (2) of this section shall
govern as if the public agency had denied the original complaint.
(4)
(5)
(a)
A party shall have thirty (30) days from the day that the Attorney General
renders his decision to appeal the decision. An appeal within the thirty
(30) day time limit shall be treated as if it were an action brought under
KRS 61.848.
(b) If an appeal is not filed within the thirty (30) day time limit, the Attorney
General's decision, as to whether the agency violated the provisions of
KRS 61.805 to 61.850, shall have the force and effect of law and shall be
enforceable in the Circuit Court of the county where the public agency has
its principal place of business or where the alleged violation occurred.
A public agency shall notify the Attorney General of any actions filed against
that agency in Circuit Court regarding enforcement of KRS 61.805 to 61.850.
Effective:July 14, 1992
History: Created 1992 Ky. Acts ch. 162, sec. 7, effective July 14, 1992.
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