KRS 13B.040: Qualifications of hearing officer.

(1) A person who has served as an investigator or prosecutor in an administrative

hearing or in its preadjudicative stage shall not serve as hearing officer or assist or

advise a hearing officer in the same proceeding. This shall not be construed as

preventing a person who has participated as a hearing officer in a determination of

probable cause or other equivalent preliminary determination from serving as a

hearing officer in the same proceeding.

(2) (a) A hearing officer, agency head, or member of an agency head who is serving

as a hearing officer shall voluntarily disqualify himself and withdraw from any

case in which he cannot afford a fair and impartial hearing or consideration.

Any party may request the disqualification of a hearing officer, agency head,

or member of the agency head by filing an affidavit, upon discovery of facts

establishing grounds for a disqualification, stating the particular grounds upon

which he claims that a fair and impartial hearing cannot be accorded. A

request for the disqualifi cation of a hearing officer shall be answered by the

agency head within sixty (60) days of its filing. The request for

disqualification and the disposition of the request shall be a part of the official

record of the proceeding. Requests for disqualificati on of a hearing officer

shall be determined by the agency head. Requests for disqualification of a

hearing officer who is a member of the agency head shall be determined by

the majority of the remaining members of the agency head.

(b) Grounds for disqualification of a hearing officer shall include, but shall not be

limited to, the following:

1. Serving as an investigator or prosecutor in the proceeding or the

preadjudicative stages of the proceeding;

2. Participating in an ex parte communication which would prejudice the

proceedings;

3. Having a pecuniary interest in the outcome of the proceeding; or

4. Having a personal bias toward any party to a proceeding which would

cause a prejudgment on the outcome of the proceeding.