KRS 224.10-420: Notice of complaint -- Answer to charges -- Petition by aggrieved party

-- Hearing.

(1) Whenever the cabinet has reason to believe that a violation of any of the provisions

of this chapter or any administrative regulation promulgated pursuant there to has

occurred, it shall issue and serve upon the person complained against a written

notice of the provision of this chapter or the administrative regulation alleged to

have been violated and the facts alleged to constitute the violation thereof and shal l

require the person so complained against to answer the charges set out in the notice

at a hearing before the cabinet at a time not less than twenty -one (21) days after the

date of notice, except as provided in KRS 224.10 -410 or unless the person

complained against waives in writing the twenty-one (21) day period.

(2) Any person not previously heard in connection with the issuance of any order or the

making of any final determination arising under this chapter by which he considers

himself aggrieved may file with the cabinet a petition alleging that the order or final

determination is contrary to law or fact and is injurious to him, alleging the grounds

and reasons therefor, and demand a hearing. An order or final determination

includes, but is not limited to, the issuance, denial, modification, or revocation of a

permit, but does not include the issuance of a letter identifying deficiencies in an

application for a permit, a registration or a certification, or other nonfinal

determinations. This subsection d oes not abrogate the right to a hearing on a draft

permit afforded by KRS 224.40 -310. Unless the cabinet considers that the petition

is frivolous, it shall serve written notice of the petition on each person named

therein and shall schedule a hearing before the cabinet not less than twenty-one (21)

days after the date of such notice, except as provided in KRS 224.10 -410 or unless

the person complained against waives in writing the twenty -one (21) day period.

The right to demand a hearing pursuant to this section shall be limited to a period of

thirty (30) days after the petitioner has had actual notice of the order or final

determination complained of, or could reasonably have had such notice.