KRS 132.370: Property valuation administrator's status as state official -- Election --

Qualification -- Terms -- Removal -- Accrued leave and compensatory time.

(1) There shall be a property valuation administrator in each county in lieu of a county

assessor. Property valuation administrators shall be state officials and all deputies

and assistants of their offices shall be unclassified state employees.

(2) Property valuation administrators shall be elected in the year in which county

elections are held and shall enter upon the discharge of the duties of their office on

the first Monday in December after their election and continue in office for a period

of four (4) years, and until the election and qualification of their successors.

Property valuation administrato rs shall possess the qualifications required by

Section 100 of the Constitution and by KRS 132.380 and shall be eligible for

reelection.

(3) The property valuation administrators and all deputies and assistants of their offices

who qualify as full -time emp loyees shall be eligible for participation in the

provisions of KRS 18A.205, 18A.230 to 18A.355, and 61.510 to 61.705.

(4) A property valuation administrator may be removed from office by the Circuit

Court of his or her county, upon petition of any taxpayer, or by the commissioner of

revenue for willful disobedience of any just or legal order of the department, or for

misfeasance or malfeasance in office or willful neglect in the discharge of his or her

official duties, including but not limited to intentio nal underassessment or

overassessment of properties and chronic underassessment of properties. For

purposes of this section and KRS 133.250, "chronic underassessment" means a

widespread pattern and practice of assessing properties at levels substantially b elow

fair market value which persists for a period of two (2) or more years as disclosed

by randomly selected sample appraisals conducted under the provisions of KRS

133.250, special audits conducted pursuant to KRS 133.250, or other means.

(5) If the comm issioner determines that a property valuation administrator should be

removed from office, the property valuation administrator shall be notified in

writing, and the notice of intent to remove shall state the specific reasons for

removal. The notice shall also advise the property valuation administrator of his or

her right to a preremoval conference and an administrative hearing.

(6) A property valuation administrator may request a preremoval conference to appear

with or without counsel before the commissio ner or his or her designee to answer

the charges against him or her. The preremoval conference shall be requested in

writing within six (6) working days of the date on which the notice of intent to

remove is received, and a preremoval conference shall be s cheduled within seven

(7) working days of the date on which the request is received. The commissioner or

his or her designee shall render a decision within five (5) working days of the

conclusion of the preremoval conference. Failure of a property valuatio n

administrator to request a preremoval hearing shall not waive his or her right to

contest his or her removal through an administrative hearing.

(7) If an action to remove a property valuation administrator is initiated by the

commissioner of revenue, the property valuation administrator shall have the right

to appeal and upon appeal an administrative hearing shall be conducted in

accordance with KRS Chapter 13B. Appeal of the final order of the commissioner

of revenue may be filed in a Circuit Court of an adjacent judicial circuit in

accordance with KRS Chapter 13B, notwithstanding the provisions of KRS Chapter

18A.

(8) If a property valuation administrator is removed from office as provided in

subsections (4) to (7) of this section, he or she shall be ine ligible to serve in the

office at any future date and shall forfeit any and all certification from the

Department of Revenue pertaining to the office.

(9) Notwithstanding the provisions of KRS 18A.110(5)(c), the department shall

promulgate administrative r egulations allowing property valuation administrators

and their deputies to receive lump -sum payments for accrued annual leave and

compensatory time when separated from employment because of termination by the

employer, resignation, retirement, or death.