198B.070 Appeals.
805 words·~4 min read·
/ky/chapter-198b/198b-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The mayor or county judge/executive of a local government which is enforcing
the Uniform State Building Code may, upon the approval of the local legislative
body, appoint a local appeals board, consisting of five
(5)technically qualified
persons with professional experience related to the building industry, to hear
appeals from the decisions of the local building official. At least three
members of the appeals board shall not be employed by the local government
hearing the appeal.
(2)Local governments that are enforcing the Uniform State Building Code may
cooperate with each other to provide a local appeals board and shall adhere to
the provisions of KRS Chapter 65 when entering these cooperative
agreements. A local building official or employee of a local inspection
department shall not sit on a local appeals board if the board is hearing an
appeal to a decision rendered by his or her department. A member of a local
appeals board shall not hear an appeal in a case in which he or she has a
private interest.
(3)Any party to a decision by the local building official may appeal that decision to
the local appeals board. Upon receipt of an appeal from a qualified party, the
local appeals board shall convene a hearing to consider the appeal within
fifteen
(15)days of receipt. All parties to the appeal shall be notified of the time
and place of the hearing by letter mailed by certified mail no later than ten
days prior to the date of the hearing. The local appeals board shall render a
decision within five
(5)working days after the hearing.
(4)A local appeals board may uphold, amend, or reverse the decision of a local
building official, and there shall be no appeal from the decision of a local
appeals board other than by appeal to the department. Appeals to the
department shall include citation of those provisions of the Uniform State
Building Code which are at issue, and an explanation of why the decision of the
local appeals board or the local building official relative to those provisions is
being contested.
(5)The department shall serve to hear appeals from the decisions of local appeals
boards, when these boards exist, or to hear appeals directly from the decisions
of local building officials in cases where no local appeals board has jurisdiction.
In no case shall the department hear an appeal directly from a party aggrieved
by the decision of a local building official when there is a local appeals board
with jurisdiction in the case.
(6)The department shall hear appeals directly from a party aggrieved by the
decision of an agent of the department. These appeals shall include citations of
those provisions of the Uniform State Building Code which are at issue, and an
explanation of why the decision of the agent of the department relative to those
provisions is being contested.
(7)Appeals to the department shall be addressed to the commissioner, who shall
immediately notify the department when an appeal is received. The
commissioner or a designated employee of his or her department shall then
investigate the evidence pertaining to the appeal and, based upon the results
of the investigation, make recommendations to the department on the
disposition of the case in question. No employee of the department shall
investigate or make recommendations on an appeal to his or her own decision,
but shall defer in such cases to employees who were not party to the decision
which led to the appeal. In conducting an investigation, the commissioner or his
or her designated representatives, acting for the department, shall have the
authority to administer oaths and affirmations, issue subpoenas authorized by
law, rule upon offers of proof and receive relevant evidence, take or cause
depositions to be taken, regulate the course of any informal or fact-finding
hearings they may schedule, and hold conferences for the settlement or
simplification of the issues by consent of the parties. The commissioner shall
complete his or her investigations within thirty
(30)days after receiving an
appeal.
(8)If the matter is not settled by agreement of the parties through the procedure
established in subsection
(7)of this section, the commissioner shall schedule
an administrative hearing that shall be conducted in accordance with KRS
Chapter 13B.
(9)The commissioner may appoint five
(5)or more members of the department to
conduct the hearing, and those appointed shall act in all matters concerning
the appeal for the entire department.
(10)The department may uphold, amend, or reverse the decision of a local appeals
board, a local building official, or an agent of the department by final order. An
appeal of the department's final order shall be to the Circuit Court within whose
jurisdiction the property in question is located in accordance with KRS Chapter
13B.