13B.120 Final order.
322 words·~1 min read·
/ky/chapter-13b/13b-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In making the final order, the agency head shall consider the record including the
recommended order and any exceptions duly filed to a recommended order.
(2)The agency head may accept the recommended order of the hearing officer and
adopt it as the agency's final order, or it may reject or modify, in whole or in part,
the recommended order, or it may remand the matter, in whole or in part, to the
hearing officer for further proceedings as appropriate.
(3)The final order in an administrative hearing shall be in writing and stated in the
record. If the final order differs from the recommended order, it shall include
separate statements of findings of fact and conclusions of law. The final order shall
also include the effective date of the order and a statement advising parties fully of
available appeal rights.
(4)Except as otherwise required by federal law, the agency head shall render a final
order in an administrative hearing within ninety
(90)days after:
(a)The receipt of the official record of the hearing in which there was no hearing
officer submitting a recommended order under KRS 13B.110; or
(b)The hearing officer submits a recommended order to the agency head, unless
the matter is remanded to the hearing officer for further proceedings.
(5)Unless waived by the party, a copy of the final order shall be transmitted to each
party or to his attorney of record in the same manner as provided in KRS 13B.050.
(6)This section shall not apply to disposition pursuant to KRS 13B.070(3).
(7)If, pursuant to statute, an agency may review the final order of another agency, the
review is deemed to be a continuous proceeding as if before a single agency. The
final order of the first agency is treated as a recommended order and the second
agency functions as though it were reviewing a recommended order in accordance
with this section.