13B.080 Conduct of hearing.
536 words·~2 min read·
/ky/chapter-13b/13b-080A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A hearing officer shall preside over the conduct of an administrative hearing and
shall regulate the course of the proceedings in a manner which will promote the
orderly and prompt conduct of the hearing. When a prehearing order has been
issued, the hearing officer shall regulate the hearing in conformity with the
prehearing order.
(2)The hearing officer, at appropriate stages of the proceedings, shall give all parties
full opportunity to file pleadings, motions, objections, and offers of settlement. The
hearing officer, at appropriate stages of the proceedings, may give all parties full
opportunity to file briefs, proposed findings of fact and conclusions of law, and
proposed recommended or final orders. The original of all filings shall be mailed to
the agency, and copies of any filed item shall be served on all parties and the
hearing officer by mail or any other means permitted by law or prescribed by agency
administrative regulation. The agency shall when it is received stamp the time and
date upon a document.
(3)The hearing officer may issue subpoenas and discovery orders when requested by a
party or on his own volition. When a subpoena is disobeyed, any party may apply to
the Circuit Court of the judicial circuit in which the administrative hearing is held
for an order requiring obedience. Failure to comply with an order of the court shall
be cause for punishment as a contempt of the court.
(4)To the extent necessary for the full disclosure of all relevant facts and issues, the
hearing officer shall afford all parties the opportunity to respond, present evidence
and argument, conduct cross-examination, and submit rebuttal evidence, except as
restricted by limited grant of intervention or a prehearing order.
(5)Any party to an administrative hearing may participate in person or be represented
by counsel. In informal proceedings, a party may be represented by other
professionals if appropriate and if permitted by the agency by administrative
regulation.
(6)If a party properly served under KRS 13B.050 fails to attend or participate in a
prehearing conference, hearing, or other stage of the administrative hearing process,
or fails to comply with the orders of a hearing officer, the hearing officer may
adjourn the proceedings and issue a default order granting or denying relief as
appropriate, or may conduct the proceedings without the participation of the
defaulting party, having due regard for the interests of justice and the orderly and
prompt conduct of the proceedings. A default order shall be considered a
recommended order and shall be processed as provided in KRS 13B.110.
(7)A hearing officer may conduct all or part of an administrative hearing, or a
prehearing conference, by telephone, television, or other electronic means, if each
party to the hearing has an opportunity to hear, and, if technically feasible, to see the
entire proceeding as it occurs, and if each party agrees.
(8)An administrative hearing shall be open to the public unless specifically closed
pursuant to a provision of law. If an administrative hearing is conducted by
telephone, television, or other electronic means, and is not closed, public access shall be satisfied by giving the public an opportunity, at reasonable times, to hear or inspect the agency's record.