151.182 Notice of violation and hearing thereon -- Demand for hearing on denial,

342 words·~2 min read·/ky/151-182

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

modification or revocation of permit.

(1)Whenever the cabinet has reason to believe that a violation of any of the provisions

of this chapter or any regulation promulgated pursuant thereto has occurred, it may

issue and serve upon the person complained against a written notice of the provision

of this chapter or the regulation alleged to have been violated and the facts alleged

to constitute the violation thereof. Further, this notice 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 thirty

(30)days after the date of notice unless the

person complained against waives in writing the thirty

(30)day period.

(2)Except as provided in KRS 151.297 regarding emergency situations, any person not

previously heard in connection with the issuance of any order or the making of any

final determination 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 notice of violation, the issuance of a letter identifying deficiencies in

an application for a permit, a registration or a certification, or other nonfinal

determinations. 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 thirty

(30)days after the date of such

notice, or unless the person complained against waives in writing the thirty

(30)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.