KRS 197.530: Assessment of fine or penalty against private provider -- Notice -- Hearing

-- Appeal.

(1) As set forth within the contract between the Department of Corrections and the

private provider: The department may recommend to the secretary of the Finance

and Administration Cabinet the assessment of an administrative fine against the

private provider of not more than five thousand dollars ($5,000) for the violation of

each and any term of the contract, or of KRS 197.510. Recommendation of fine or

penalty assessment by the department shall occur only after a notice of intent to do

so has been presented by registered mail to the private provider. The notice of intent

shall incorporate the findings of the department and other agencies, if appropriate.

(2) The private provider may, within seventy-two (72) hours of the receipt of the notice

of intent, request in writing a hearing before an objective hearing officer of the

Attorney General's Office. The secretary of the Finance and Administration Cabinet

shall by ord er issue, modify, or repeal the recommended fine or penalty. The

amount of any fine or penalty shall be consistent with the hearing officer's

recommendations resulting from the administrative hearing. The private provider

may, at its discretion, waive its right to an administrative hearing.

(3) Appeals from any fine or penalty assessed pursuant to this section shall be granted

as a matter of right, and shall be taken to the Franklin Circuit Court within thirty

(30) days from the date the fine or penalty is issued by the secretary of the Finance

and Administration Cabinet.