{"data":{"id":"us-ky/krs-13b.020","jurisdiction":"us-ky","citation":"KRS 13B.020","heading":"Application of chapter -- Exemptions.","body":"(1) The provisions of this chapter shall apply to all administrative hearings conducted\nby an agency, with the exception of those specifically exempted under this section.\nThe provisions of this chapter shall supersede any other provisions of the Kentucky\nRevised Statutes and administrative regulations, unless exempted under this section,\nto the extent these other provisions are duplicative or in conflict. This chapter\ncreates only procedural rights and shall not be construed to confer upon any person\na right to hearing not expressly provided by law.\n(2) The provisions of this chapter shall not apply to:\n(a) Investigations, hearings to determine probable cause, or any other type of\ninformation gathering or fact finding activities;\n(b) Public hearings required in  KRS Chapter 13A for the promulgation of\nadministrative regulations;\n(c) Any other public hearing conducted by an administrative agency which is\nnonadjudicatory in nature and the primary purpose of which is to seek public\ninput on public policy making;\n(d) Military adjudicatory proceedings conducted in accordance with KRS Chapter\n35;\n(e) Administrative hearings conducted by the legislative and judicial branches of\nstate government;\n(f) Administrative hearings conducted by any city, county, urban -county, charter\ncounty, or special district contained in KRS Chapters 65 to 109, or any other\nunit of local government operating strictly in a local jurisdictional capacity;\n(g) Informal hearings which are part of a multilevel hearing process that affords\nan administ rative hearing at some point in the hearing process if the\nprocedures for informal hearings are approved and promulgated in accordance\nwith subsections (4) and (5) of this section;\n(h) Limited exemptions granted for specific hearing provisions and denoted by\nreference in the text of the applicable statutes or administrative regulations;\n(i) Administrative hearings exempted pursuant to subsection (3) of this section;\n(j) Administrative hearings exempted, in whole or in part, pursuant to\nsubsections (4) and (5) of this section; and\n(k) Any administrative hearing which was commenced but not completed prior to\nJuly 15, 1996.\n(3) The following administrative hearings are exemp t from application of this chapter\nin compliance with 1994 Ky. Acts ch. 382, sec. 19:\n(a) Finance and Administration Cabinet\n1. Higher Education Assistance Authority\na. Wage garnishment hearings conducted under authority of 20\nU.S.C. sec. 1095a and 34 C.F.R. sec. 682.410\nb. Offset hearings conducted under authority of 31 U.S.C. sec.\n3720A and sec. 3716, and 34 C.F.R. sec. 30.33\n2. Department of Revenue\na. Any licensing and bond revocation hearings conducted under the\nauthority of KRS 138.210 to 138.448 and 234.310 to 234.440\nb. Any license revocation hearings under KRS 131.630 and 138.130\nto 138.205\n(b) Cabinet for Health and Family Services\n1. Office of the Inspector General\na. Certificate-of-need hearings and licensure conducted under\nauthority of KRS Chapter 216B\nb. Licensure revocation hearings conducted under authority of KRS\nChapter 216B\n2. Department for Community Based Services\na. Supervised placement revocation hearings conducted under\nauthority of KRS Chapter 630\n3. Department for Medicaid Services\na. Administrative appeal hearings following an external independent\nthird-party review of a Medicaid managed care organization's final\ndecision that denies, in whole or in part, a health care service to an\nenrollee or a claim for reimbursement to the provi der for a health\ncare service rendered by the provider to an enrollee of the\nMedicaid managed care organization, conducted under authority of\nKRS 205.646\n(c) Justice and Public Safety Cabinet\n1. Department of Kentucky State Police\na. Kentucky State Police Trial Board disciplinary hearings conducted\nunder authority of KRS Chapter 16\n2. Department of Corrections\na. Parole Board hearings conducted under authority of KRS Chapter\n439\nb. Prison adjustment committee hearings conducted under authority\nof KRS Chapter 197\nc. Prison grievance committee hearings conducted under authority of\nKRS Chapters 196 and 197\n3. Department of Juvenile Justice\na. Supervised placement revocation hearings conducted under KRS\nChapter 635\n(d) Energy and Environment Cabinet\n1. Department for Natural Resources\na. Surface mining hearings conducted under authority of KRS\nChapter 350\nb. Oil and gas hearings conducted under the authority of KRS\nChapter 353, except for those conducted by the Kentucky Oil and\nGas Conservation Commission pursuant to KRS 353.500 to\n353.720\nc. Explosives and blasting hearings conducted under the authority of\nKRS 351.315 to 351.375\n2. Department for Environmental Protection\na. Wild River hearings conducted under authority of KRS Chapter\n146\nb. Water resources hearings conducted under authority of KRS\nChapter 151\nc. Water plant operator and water well driller hearings conducted\nunder authority of KRS Chapter 223\nd. Environmental protection hearings conducted under authority of\nKRS Chapter 224\ne. Petroleum Storage Tank Environmental Assurance Fund hearings\nunder authority of KRS Chapter 224\n3. Public Service Commission\na. Utility hearings conducted und er authority of KRS Chapters 74,\n278, and 279\n(e) Education and Labor Cabinet\n1. Kentucky Occupational Safety and Health Review Commission\na. Occupational safety and health hearings conducted under authority\nof KRS Chapter 338\n2. Unemployment insurance hea rings conducted under authority of KRS\nChapter 341\n3. Disability determination hearings conducted under authority of 20\nC.F.R. pt. 404\n(f) Public Protection Cabinet\n1. Board of Claims\na. Liability hearings conducted under authority of KRS 49.020(5)\nand 49.040 to 49.180\n(g) State universities and colleges\n1. Student suspension and expulsion hearings conducted under authority of\nKRS Chapter 164\n2. University presidents and faculty removal hearings conducted under\nauthority of KRS Chapter 164\n3. Campus residency hearings conducted under authority of KRS Chapter\n164\n4. Family Education Rights to Privacy Act hearings conducted under\nauthority of 20 U.S.C. sec. 1232 and 34 C.F.R. sec. 99\n5. Federal Health Care Quality Improvement Act of 1986 hearings\nconducted under authority of 42 U.S.C. sec. 11101 to 11115 and KRS\nChapter 311\n(h) Department of Workers' Claims\n1. Workers' compensation hearings conducted under authority of KRS\nChapter 342.\n(4) Any administrative hearing, or portion thereof, may be certified as exempt by the\nAttorney General based on the following criteria:\n(a) The provisions of this chapter conflict with any provision of federal law or\nregulation with which the agency must comply, or with any federal law or\nregulation with which the agency must comply to permit the agency or\npersons within the Commonwealth t o receive federal tax benefits or federal\nfunds or other benefits;\n(b) Conformity with the requirement of this chapter from which exemption is\nsought would be so unreasonable or so impractical as to deny due process\nbecause of undue delay in the conduct of administrative hearings; or\n(c) The hearing procedures represent informal proceedings which are the\npreliminary stages or the review stages of a multilevel hearing process, if the\nprovisions of this chapter or the provisions of a substantially equivalent\nhearing procedure exempted under subsection (3) of this section are applied at\nsome level within the multilevel process.\n(5) The Attorney General shall not exempt an agency from any requirement of this\nchapter until the agency establishes alternative proce dures by administrative\nregulation which, insofar as practical, shall be consistent with the intent and\npurpose of this chapter. When regulations for alternative procedures are submitted\nto the Administrative Regulation Review Subcommittee, they shall be a ccompanied\nby the request for exemption and the approval of exemption from the Attorney\nGeneral. The decision of the Attorney General, whether affirmative or negative,\nshall be subject to judicial review in the Franklin Circuit Court within thirty (30)\ndays of the date of issuance. The court shall not overturn a decision of the Attorney\nGeneral unless the decision was arbitrary or capricious or contrary to law.\n(6) Except to the extent precluded by another provision of law, a person may waive any\nprocedural right conferred upon that person by this chapter.\n(7) The provisions of KRS 13B.030(2)(b) shall not apply to administrative hearings\nheld under KRS 11A.100 or 18A.095.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56781","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"eeb154abcb34d12b42cb4b101dd8622045ee6e60ddc063c93d15127a6557b88a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.010","next":"us-ky/krs-13b.030"},"notice":"GroundRules: Original legal text. Not legal advice."}