{"data":{"id":"us-ky/krs-100.411","jurisdiction":"us-ky","citation":"KRS 100.411","heading":"Hearing before planning commission - Waiver of rights to hearing --","body":"Determination of existence of violation -- Criminal order.\n(1) When a hearing before a planning commission has been requested, the planning\ncommission, through its clerical and admini strative staff, shall schedule a hearing.\nThe hearing shall be conducted within thirty (30) days of the date of the request,\nunless the person who requested the hearing requests or agrees to a continuance not\nto exceed thirty (30) days. All continuances mu st receive the approval of the\nplanning commission. Not less than seven (7) days before the date set for the\nhearing, the planning commission shall notify the person who requested the hearing\nof the date, time, and place of the hearing. The notice may be g iven by certified\nmail, return receipt requested; by personal delivery; or by leaving the notice at the\nperson's usual place of residence with any individual residing therein who is\neighteen (18) years of age or older and who is informed of the contents of  the\nnotice. Any person requesting a hearing before the planning commission who fails\nto appear at the time and place set for the hearing shall be deemed to have waived\nthe right to a hearing to contest the citation and the determination that a violation\nwas committed shall be final. In this event, the planning commission shall enter a\nfinal order determining that the violation was committed and imposing the civil fine\nset forth in the citation.\n(2) Each case before a planning commission shall be presented by an attorney who shall\nbe counsel to the commission.\n(3) All testimony shall be under oath and shall be recorded. The planning commission\nshall take testimony from the land use enforcement officer, the alleged offender, and\nany witnesses to the alleged violation offered by the land use enforcement officer or\nthe alleged offender. Formal rules of evidence shall not apply, but fundamental due\nprocess shall be observed and shall govern the proceedings.\n(4) After the hearing, the planning commission shall det ermine, based on the evidence\npresented, whether a violation was committed. When the commission determines\nthat no violation was committed, an order dismissing the citation shall be entered.\nWhen the commission determines that a violation has been committe d, the\ncommission shall issue an order upholding the citation and may order the offender\nto pay a civil fine in an amount up to the maximum authorized by the ordinance, or\nmay order the offender to remedy a continuing violation within a specified time to\navoid the imposition of a fine, or both, as authorized by the ordinance.\n(5) Every final order of a planning commission shall be reduced to writing, which shall\ninclude the date the order was issued, and a copy of the order shall be furnished to\nthe person named in the citation. If the person named in the citation is not present at\nthe time a final order of the planning commission is issued, the order shall be\ndelivered to that person by certified mail, return receipt requested; by personal\ndelivery; or by l eaving a copy of the order at that person's usual place of residence\nwith any individual residing therein who is eighteen (18) years of age or older and\nwho is informed of the contents of the order.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26822","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:05Z","sha256":"5bebdd19279f18599202a3efa4c99de44eda7e74710919a3d3bba1ba6dedcbcb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.410","next":"us-ky/krs-100.413"},"notice":"GroundRules: Original legal text. Not legal advice."}