KRS 13B.120: Final order.

(1) In making the final order, the agency head shall consider the record including the

recommended order and any exceptions duly filed to a recommended order.

(2) The agency head may accept the recommended order of the hearing officer and

adopt it as the agenc y's final order, or it may reject or modify, in whole or in part,

the recommended order, or it may remand the matter, in whole or in part, to the

hearing officer for further proceedings as appropriate.

(3) The final order in an administrative hearing shall be in writing and stated in the

record. If the final order differs from the recommended order, it shall include

separate statements of findings of fact and conclusions of law. The final order shall

also include the effective date of the order and a statem ent advising parties fully of

available appeal rights.

(4) Except as otherwise required by federal law, the agency head shall render a final

order in an administrative hearing within ninety (90) days after:

(a) The receipt of the official record of the hea ring in which there was no hearing

officer submitting a recommended order under KRS 13B.110; or

(b) The hearing officer submits a recommended order to the agency head, unless

the matter is remanded to the hearing officer for further proceedings.

(5) Unless waived by the party, a copy of the final order shall be transmitted to each

party or to his attorney of record in the same manner as provided in KRS 13B.050.

(6) This section shall not apply to disposition pursuant to KRS 13B.070(3).

(7) If, pursuant to s tatute, an agency may review the final order of another agency, the

review is deemed to be a continuous proceeding as if before a single agency. The

final order of the first agency is treated as a recommended order and the second

agency functions as though it were reviewing a recommended order in accordance

with this section.