335B.030 Written notice of denial of position of public employment based on
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/ky/335b-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
prior criminal conviction -- Disqualification of individual from occupation
requiring license -- Connection between prior conviction and license
sought required -- Hearings and appeals.
(a)If a hiring or licensing authority denies an individual a position of public
employment solely because of the individual's prior conviction of a crime,
the hiring or licensing authority shall notify the individual in writing of the
following:
1. The grounds and reasons for the denial or disqualification;
2. That the individual has the right to a hearing conducted in
accordance with KRS Chapter 13B, if written request for hearing is
made within ten
(10)days after service of notice;
3. The earliest date the person may reapply for a position of public
employment or a license; and
4. That evidence of rehabilitation may be considered upon
reapplication.
(b)Any party aggrieved by a final order issued by a hiring or licensing
authority after a hearing under this subsection may appeal to Franklin
Circuit Court in accordance with KRS Chapter 13B.
(a)Except as provided in paragraph
(b)of this subsection, a hiring or
licensing authority shall not disqualify an individual from pursuing,
practicing, or engaging in any occupation for which a license is required
solely because of the individual's prior conviction of a crime, unless the
authority provides the individual with a written notice that the authority has
determined that the prior conviction may disqualify the person,
demonstrates the connection between the prior conviction and the license
being sought, and affords the individual an opportunity to be personally
heard before the board prior to the board making a decision on whether to
disqualify the individual. If the license is denied after the person was
heard, the hiring or licensing authority shall notify the individual in writing
of the following:
1. The grounds and reasons for the denial or disqualification;
2. That the individual has the right to a hearing conducted in
accordance with KRS Chapter 13B, if a written request for hearing is
made within ten
(10)days after service of notice;
3. The earliest date the person may reapply for a license; and
4. That evidence of rehabilitation may be considered upon
reapplication.
(b)If an individual's prior conviction was for a Class A felony, a Class B
felony, or any felony offense that would qualify the individual as a
registrant pursuant to KRS 17.500, there shall be a rebuttable
presumption that a connection exists between the prior conviction and the
license being sought.
(c)Any party aggrieved by a final order issued by a hiring or licensing
authority after a hearing under this subsection may appeal to Franklin
Circuit Court in accordance with KRS Chapter 13B.
(3)Except as provided in subsection (2)(b) of this section, in any administrative
hearing or civil litigation authorized under this section, the hiring or licensing
authority shall carry the burden of proof on the question of whether the prior
conviction directly relates to the position of employment sought or the
occupation for which the license is sought.