13B.110 Recommended order.

295 words·~1 min read·/ky/chapter-13b/13b-110

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

(1)Except when a shorter time period is provided by law, the hearing officer shall

complete and submit to the agency head, no later than sixty

(60)days after receiving

a copy of the official record of the proceeding, a written recommended order which

shall include his findings of fact, conclusion of law, and recommended disposition

of the hearing, including recommended penalties, if any. The recommended order

shall also include a statement advising parties fully of their exception and appeal

rights.

(2)If an extension of time is needed by the hearing officer to complete and submit his

recommended order to the agency head, the hearing officer shall show good cause

to the agency head, in writing, and based upon substantial proof, that an extension

of time is needed.

(3)If the agency head, after a showing of good cause, grants the hearing officer an

extension of time:

(a)The extension shall not exceed thirty

(30)days from the date the extension

was granted;

(b)The statement granting the extension shall be included in the record of the

hearing; and

(c)Notice of the extension shall be sent to all parties.

(4)A copy of the hearing officer's recommended order shall also be sent to each party

in the hearing and each party shall have fifteen

(15)days from the date the

recommended order is mailed within which to file exceptions to the

recommendations with the agency head. Transmittal of a recommended order may

be sent by regular mail to the last known address of the party.

(5)The provisions of this section shall not apply in an administrative hearing where the

hearing officer conducts the hearing in the presence of the agency head who renders

a decision without the recommendation of the hearing officer.