KRS 18A.170: Certification of division directors who do not make policy.

It is further provided that the responsible departmental, board, commission or agency

head shall at the time at which he elects to come under the provisions of KRS 18A.005 to

18A.200, certify to the board the positions of those division directors or heads under their

jurisdiction whose duties are nonpolicy making together with a sufficient statement of

their duties to enable the board to determine whether or not, as a matter of fact, such

duties are nonpolicy making in their nature. He shall, at any time su bsequent to coming

under the provisions of KRS 18A.005 to 18A.200 certify to the board additional division

directors or heads whose duties are nonpolicy making. At the time of certification notice

thereof shall be given to the interested division director or head in the form of a copy of

the statement certifying the duties of his office. The board may conduct such hearings as

it may deem necessary, and shall conduct hearings pursuant to the administrative

provisions of KRS 18A.095 in the event of a differen ce of opinion between the certifying

officer and the interested division director or head, before entering its findings of fact and

an order either classifying or denying classification to such position. Either the certifying

officer or the division director or head may appeal the findings of fact and the final order

of the board by initiating action in the Franklin Circuit Court pursuant to the provisions

of KRS 418.040 et seq.