KRS 335B.030: Written findings of fact when denying position of public employment or

license based on prior criminal conviction -- Connection between prior

conviction and license sought required -- Hearings and appeals -- Burden of

proof.

(1) (a) If, after evaluating the evidence as described in KRS 335B.020(2), a hiring or

licensing authority denies an individual a position of public employment or a

license solely because of the individual's prior conviction of a crime, the

hiring or licensing authority shall provide the individual with written findings

of fact, including but not limited to the following:

1. The grounds and reasons for the denial or disqualification, citing facts as

they relate to specific items of consideration in KRS 335B.020(2);

2. That the individual has the right to a hearing conducted in accordance

with KRS Chapter 13B, if written request for hearing is made within ten

(10) working days after service of notice;

3. The earliest date the person may reapply for a position of public

employment or a license; and

4. That new or previously submitted evidence of rehabilitation may be

considered upon reapplication.

(b) Any party aggrieved by a final order issued by a hiring or licensing authority

after a hearing under this subsection may appeal to Franklin Circuit Court or

the Circuit Court of the county in which the appealing party resides in

accordance with KRS Chapter 13B.

(2) (a) A hiring or licensing authority shall not disqualify an individual from a

position of public employment or from pursu ing, practicing, or engaging in

any occupation for which a license is required solely because of the

individual's prior conviction of a crime, unless the authority provides the

individual with a written notice that the authority has determined that the prior

conviction may disqualify the person, demonstrates the connection between

the prior conviction and the position of public employment or license being

sought, and affords the individual an opportunity to be personally heard

before the board prior to the board making a decision on whether to disqualify

the individual. If the position of public employment or license is denied after

the person was heard, the hiring or licensing authority shall notify the

individual in writing of the following:

1. The grounds and reasons for the denial or disqualification;

2. That the individual has the right to a hearing conducted in accordance

with KRS Chapter 13B, if a written request for hearing is made within

ten (10) working days after service of notice;

3. The earliest date the person may reapply for a position of public

employment or license; and

4. That evidence of rehabilitation may be considered upon reapplication.

(b) Any party aggrieved by a final order issued by a hiring or licensing authority

after a hearing under this subsection may appeal to Franklin Circuit Cou rt or

the Circuit Court of the county in which the appealing party resides in

accordance with KRS Chapter 13B.

(3) In any administrative hearing or civil litigation authorized under this section, the

hiring or licensing authority shall carry the burden of proof on the question of

whether the prior conviction directly relates to the position of public employment

sought or the occupation for which the license is sought.