KRS 13B.050: Notice of administrative hearing.

(1) In any administrative hearing, the agency shall conduct the hearing as soon as

practicable and shall give notice of the hearing to the parties not less than twenty

(20) days in advance of the date set for the hearing, unless otherwise required by

federal law. An agency shall make reasonable effort to schedule a hearing on a date

that is convenient to the parties involved.

(2) The notice required by subsection (1) of this section shall be served on the parties

by certified mail, return receipt requested, sen t to the last known address of the

parties, or by personal service, with the exception of notices of Personnel Board

hearings and all board orders which may be served by first -class mail. Service by

certified mail shall be complete upon the date on which t he agency receives the

return receipt or the returned notice.

(3) The notice required by this section shall be in plain language and shall include:

(a) A statement of the date, time, place, and nature of the hearing;

(b) The name, official title, and mailing address of the hearing officer;

(c) The names, official titles, mailing addresses, and, if available, telephone

numbers of all parties to the hearing, including the counsel or representative

of the agency;

(d) A statement of the factual basis for the ag ency action along with a statement

of issues involved, in sufficient detail to give the parties reasonable

opportunity to prepare evidence and argument;

(e) A reference to the specific statutes and administrative regulations which relate

to the issues involved and the procedure to be followed in the hearing;

(f) A statement advising the person of his right to legal counsel;

(g) A statement of the parties' right to examine, at least five (5) days prior to the

hearing, a list of witnesses the parties expect t o call at the hearing, any

evidence to be used at the hearing and any exculpatory information in the

agency's possession; and

(h) A statement advising that any party who fails to attend or participate as

required at any stage of the administrative hearing process may be held in

default under this chapter.

(4) If an agency decides not to conduct an administrative hearing in response to a

petition, the agency shall notify the petitioner of its decision in writing, with a brief

statement of the agency's reason s and any administrative review available to the

petitioner.

(5) Subsections (1), (2), and (3) of this section shall not apply to notices issued under

KRS 11A.080(4)(b) when a party fails to file an answer or otherwise fails to

participate.