KRS 205.5639: Effect of board recommendations -- Written exceptions -- Final decision -

- Appeal.

(1) Any recommendation by the board is advisory to the commissioner.

(2) Any interested party may request an opportunity to make a presentation or argument

to the boar d on any item under consideration by the board. The Cabinet for Health

and Family Services shall, by administrative regulation promulgated in accordance

with KRS Chapter 13A, establish requirements for presentations before the board.

(3) Any interested par ty who is aggrieved by a recommendation of the board to the

commissioner or his designee may submit written exceptions consisting of only new

information that was not available to be presented at the time of the board's

consideration of the matter. These w ritten exceptions shall be submitted within ten

(10) days of the recommendation. After the time for filing exceptions has expired,

the commissioner or the commissioner's designee shall consider all exceptions filed

in a timely manner prior to acting upon t he recommendation of the board. If the

deadline for filing written exceptions falls on a Saturday, Sunday, or a state holiday,

the exceptions may be filed the following day.

(4) In making a final decision on any recommendation of the board, the commissione r

may seek additional and clarifying information from any source. Any additional

information submitted to the commissioner shall be made a part of the

administrative record supporting the final decision.

(5) An appeal from a decision of the commissioner ma y be made in accordance with

KRS Chapter 13B by a manufacturer of the product. Unless held in abeyance or

otherwise addressed by the hearing officer, the decision of the commissioner stands

until final disposition of the issue.