13B.050 Notice of administrative hearing.
430 words·~2 min read·
/ky/chapter-13b/13b-050A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In any administrative hearing, the agency shall conduct the hearing as soon as
practicable and shall give notice of the hearing to the parties not less than twenty
(20)days in advance of the date set for the hearing, unless otherwise required by
federal law. An agency shall make reasonable effort to schedule a hearing on a date
that is convenient to the parties involved.
(2)The notice required by subsection
(1)of this section shall be served on the parties
by certified mail, return receipt requested, sent to the last known address of the
parties, or by personal service, with the exception of notices of Personnel Board
hearings and all board orders which may be served by first-class mail. Service by
certified mail shall be complete upon the date on which the agency receives the
return receipt or the returned notice.
(3)The notice required by this section shall be in plain language and shall include:
(a)A statement of the date, time, place, and nature of the hearing;
(b)The name, official title, and mailing address of the hearing officer;
(c)The names, official titles, mailing addresses, and, if available, telephone
numbers of all parties to the hearing, including the counsel or representative
of the agency;
(d)A statement of the factual basis for the agency action along with a statement
of issues involved, in sufficient detail to give the parties reasonable
opportunity to prepare evidence and argument;
(e)A reference to the specific statutes and administrative regulations which relate
to the issues involved and the procedure to be followed in the hearing;
(f)A statement advising the person of his right to legal counsel;
(g)A statement of the parties' right to examine, at least five
(5)days prior to the
hearing, a list of witnesses the parties expect to call at the hearing, any
evidence to be used at the hearing and any exculpatory information in the
agency's possession; and
(h)A statement advising that any party who fails to attend or participate as
required at any stage of the administrative hearing process may be held in
default under this chapter.
(4)If an agency decides not to conduct an administrative hearing in response to a
petition, the agency shall notify the petitioner of its decision in writing, with a brief
statement of the agency's reasons and any administrative review available to the
petitioner.
(5)Subsections (1), (2), and
(3)of this section shall not apply to notices issued under
KRS 11A.080(4)(b) when a party fails to file an answer or otherwise fails to
participate.