2017 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 10 - Energy and Environment Cabinet 224.10-440 Hearings -- Reports, recommended orders, exceptions, decisions -- Rights of parties -- Records -- Hearings to be public -- Administrative regulations.
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224.10-440
Hearings -- Reports, recommended orders, exceptions, decisions -Rights of parties -- Records -- Hearings to be public -- Administrative
regulations.
(1)
(2)
(3)
(4)
(5)
All hearings under this chapter shall be held before a qualified hearing officer, who
may be a full-time employee of the cabinet, serve by contract, or be paid on a per
diem basis in the discretion of the cabinet. After the conclusion of the hearing, the
hearing officer shall make to the secretary a report and recommended order which
shall contain a finding of fact and a conclusion of law. The hearing officer shall
serve a copy of his report and recommended order upon all parties of record to the
proceeding, and they shall be granted the right to file within fourteen (14) days of
receipt exceptions thereto. The secretary shall consider the report, exceptions, and
recommended order and decide the case within ninety (90) days. The secretary, for
good cause, may take no more than an additional forty-five (45) days provided the
secretary gives the parties written notice stating the good cause within the original
ninety (90) day period. The secretary's decision shall be served by mail upon all
parties and shall be a final order of the cabinet.
Any party to a hearing under this subsection may be represented by counsel, may
make oral or written argument, offer testimony, cross-examine witnesses, or take
any combination of these actions. The secretary may promulgate administrative
regulations to require that direct testimony be filed in writing prior to the hearing,
either for all or some categories of cases. The record of the hearing shall be open to
public inspection, and copies thereof shall be made available to any person upon
payment of the actual cost of reproducing the original except as provided in KRS
224.10-210.
Unless all parties to the case agree in writing otherwise, the hearing officer shall
conduct the hearing, complete the report and recommended order, and transmit the
report and recommended order to the secretary no later than one hundred eighty
(180) days after service of the written notice described in KRS 224.10-420(1) upon
all named parties or service of the petition and demand for hearing pursuant to KRS
224.10-420(2) upon all named parties, whichever is applicable. Upon written
request of the hearing officer or any party to the hearing, the secretary or secretary's
designee, for good cause shown, may extend this deadline for a period not to exceed
ninety (90) days. The secretary shall grant no more than two (2) ninety (90) day
extensions under this subsection, unless the secretary and all parties to the case
agree to the contrary in writing.
The secretary may promulgate administrative regulations to establish procedures
and deadlines for submitting a written request for an extension pursuant to
subsection (3) of this section. The secretary shall require that any written request for
extension include a proposed date certain by which the hearing or report and
recommended order, or both, will be completed.
Upon the failure of the hearing officer to make a report and recommended order to
the secretary within the deadline set forth in subsection (3) of this section, including
any extensions granted by the secretary pursuant to subsections (3) and (4) of this
section, the secretary shall remove the case from the hearing officer. The secretary
(6)
shall then:
(a) Decide the case within ninety (90) days after allowing the parties to
supplement the record, if necessary; or
(b) Transfer the case to another qualified hearing officer for completion of the
hearing or report and recommended order, or both, by a new deadline set by
the secretary. The secretary shall make no more than one (1) transfer pursuant
to this subsection.
All hearings conducted pursuant to this chapter shall be open to the public except as
provided in KRS 224.10-210.
Effective: April 4, 2006
History: Amended 2006 Ky. Acts ch. 128, sec. 1, effective April 4, 2006. -- Amended
1990 Ky. Acts ch. 295, sec. 1, effective July 13, 1990. -- Amended 1978 Ky. Acts ch.
207, sec. 2, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. III, secs.
1 and 13(2), effective June 21, 1974. -- Created 1972 (1st Extra. Sess.) Ky. Acts ch.
3, sec. 25, effective January 1, 1973.
Formerly codified as KRS 224.083.
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