KRS 65.8829: Hearing officer -- Duties -- Procedures -- Ordinance for alternative

procedure.

(1) A code enforcement board may assign a hearing officer as provided by ordinance to

conduct hearings in accordance with the procedures set forth in KRS 65.8828.

(2) (a) Any member of the code enforcement board, including the chair, may be

assigned as a hearing officer.

(b) An individual that is not a member of the code enforcement board may be

assigned by the code enforcement board as a hearing officer as long as the

individual does not hold any elected or appointed office or position of

employment with a unit of local government that created the code

enforcement board.

(3) Any person assigned to be a hearing officer by a code enforcement board shall have

experience or s hall have received training in the code enforcement process and

basic procedural due process, as specified in the ordinance creating the code

enforcement board. The experience or training shall include, at a minimum,

acquired knowledge regarding a party's fundamental due process right to:

(a) Be accompanied and advised by counsel at the hearing;

(b) Present evidence and witnesses on his or her behalf at the hearing;

(c) Examine the evidence opposing the party; and

(d) Confront and cross-examine the witnesses opposing the party.

(4) An assigned hearing officer may administer oaths to witnesses prior to their

testimony and subpoena alleged violators, witnesses, and evidence to the hearing to

which the officer is assigned.

(5) Any hearing conducted by a hearing officer under this section shall conform to the

procedural requirements of KRS 65.8828(1) to (5).

(6) The hearing officer shall make written findings of fact, conclusions of law, and a

recommended order for consideration by the code enforcement board. The hearing

officer shall, within twenty -four (24) hours of entry, forward these findings,

conclusions, and recommended order to the alleged violator in the manner required

by KRS 65.8828(5) and to the code enforcement board for its action under KRS

65.8828.

(7) (a) In lieu of subsection (6) of this section, a local government may provide in the

ordinance establishing the code enforcement board that a hearing officer shall

make written findings of facts and conclusions of law, and enter final orders

consistent with the authority granted to the code enforcement board under

KRS 65.8828(4).

(b) The findings of fact, conclusions of law, and final order shall be forwarded

within twenty-four (24) hours of entry to the alleged violator in the manner

required by KRS 65.8828(5) and to the code enforcement board.

(c) For appeals of a final order of a he aring officer issued under this subsection,

the local government shall designate in the ordinance governing the operation

of the code enforcement board that either:

1. A final order issued by a hearing officer under this subsection may be

appealed by the a lleged violator to the code enforcement board in

accordance with terms specified in the ordinance governing the

operation of the code enforcement board. If the local government

provides appeals to the code enforcement board, the appeal shall be filed

in wr iting to the code enforcement board within seven (7) days of the

receipt of the final order. The failure to file an appeal within seven (7)

days shall render the order entered by the hearing officer final for all

purposes and an individual receiving a fina l order under this

subparagraph shall be required to exhaust the administrative remedy of

appeal to the code enforcement board before appealing to District Court

as authorized under KRS 65.8831; or

2. A final order issued by a hearing officer under this su bsection may be

appealed by the alleged violator directly to District Court, in accordance

with the provisions of KRS 65.8831.