205.231 Appeals -- Hearing officers -- Appeal board -- Procedure.

411 words·~2 min read·/ky/chapter-205/205-231

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

(1)The Office of Administrative Hearings within the Department of Law shall appoint

one

(1)or more impartial hearing officers to hear and decide upon appealed

decisions.

(2)Any applicant or recipient who is dissatisfied with the decision or delay in action on

his or her application for public assistance or the amount granted to him or her and

any applicant or recipient who was deemed ineligible or disqualified from public

assistance benefits under KRS 205.193 or 205.200 may appeal to the cabinet,

except that an appeal and a hearing need not be granted if the sole issue is a federal

or state law requiring an automatic change adversely affecting some or all recipients

of the Kentucky medical assistance program so long as advance notice of the

change, with an explanation of appeal rights, is provided to all affected recipients.

However, a recipient may appeal whether the cabinet is accurately interpreting a

change in federal or state law which may adversely affect the recipient. On receipt

of an appeal, an administrative hearing shall be conducted in accordance with KRS

Chapter 13B.

(3)The secretary may appoint an Appeal Board for Public Assistance composed of the

secretary and two

(2)other members. The secretary shall be chairman, and he or she

and one

(1)other member constitute a quorum.

(4)Any applicant or recipient who is dissatisfied with the decision of a hearing officer

may appeal to the appeal board in the manner and form prescribed by

administrative regulation. The board may on its own motion affirm, modify, or set

aside any decision of a hearing officer on the basis of the evidence previously

submitted in the case, or direct the taking of additional evidence, or may permit any

of the parties to the decision to initiate further appeals before it. The board may

remove itself or transfer to another hearing officer the proceedings on any appeal

pending before a hearing officer. The board shall promptly notify the parties to any

proceedings of its findings and decisions.

(5)The manner in which appeals are presented and hearings and appeals conducted

under subsection

(4)of this section shall be in accordance with administrative

regulations promulgated by the secretary.

(6)After a decision by the appeal board, any party aggrieved by the decision may seek

judicial review of the decision by filing a petition in the Circuit Court of the county

in which the petitioner resides, in accordance with KRS 13B.140, 13B.150, and

13B.160.