{"data":{"id":"us-ky/krs-13b.030","jurisdiction":"us-ky","citation":"KRS 13B.030","heading":"Powers of agency head -- Hearing officers.","body":"(1) An agency head may exercise all powers conferred on an agency relating to the\nconduct of administrative hearings, and he may delegate conferred powers to a\nhearing officer or a member of a collegial body that serves as an agency head, or he\nmay delegate co nferred powers to a hearing officer to conduct an administrative\nhearing before a hearing panel, reserving the authority to render a recommended\norder to that panel. An agency head may not, however, delegate the power to issue a\nfinal order unless specific ally authorized by statute, or unless disqualified in\naccordance with KRS 13B.040(2).\n(2) (a) In securing hearing officers as necessary to conduct administrative hearings\nunder the jurisdiction of the agency, an agency may:\n1. Employ hearing officers;\n2. Contract with another agency for hearing officers; or\n3. Contract with private attorneys through personal service contract.\n(b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of this\nsection only if the Attorney General has first dete rmined that the Attorney\nGeneral's Office cannot provide the needed hearing officers to the agency. If\nthe Attorney General determines that the Attorney General's Office can\nprovide the needed hearing officers to the agency, the agency shall use the\nhearing officers provided by the Attorney General's Office. The expenses\nincurred by the Attorney General's Office in providing the hearing officers to\nthe agency shall be paid to the Attorney General's Office by the agency in the\nfollowing manner:\n1. The amount to be paid by the agency to the Attorney General's Office\nshall be established by vouchers submitted by the Attorney General's\nOffice to the agency which shall be promptly paid by the agency, at the\nbeginning of, at the end of, or at any time during the p rovision of the\nhearing officers by the Attorney General's Office.\n2. The expenses to be paid to the Attorney General's Office shall be\ncalculated according to the amount of time spent by the salaried hearing\nofficers of the Attorney General's Office in providing the services. The\ncharge for time spent shall not exceed twent y-five percent (25%) more\nthan the amount allowed for a sole practitioner under personal service\ncontract. The Attorney General may require payment in advance of the\nprovision of the requested services based on his calculation of the\namount of time that wi ll be spent by the salaried hearing officers of the\nAttorney General's Office in providing the services. The agency shall be\nreimbursed for any overpayment at the conclusion of the provision of\nservices by the Attorney General's Office.\n(3) A hearing officer shall possess and meet qualifications as the Personnel Cabinet and\nthe employing agency, with the advice of the office, may find necessary to assure\ncompetency in the conduct of an administrative hearing. The qualifications in this\nsubsection shall not, however, apply to a member of a board, commission, or other\ncollegial body who may serve as a hearing officer in his capacity as a member of\nthe collegial body.\n(4) All hearing officers, including members of collegial bodies who serve as hearing\nofficers, shall receive training necessary to prepare them to conduct a competent\nadministrative hearing. The training shall pertain to the conduct of administrative\nhearings generally and to the applications of the provisions of this chapter,\nspecifically. The off ice shall establish by administrative regulation minimum\nstandards concerning the length of training, course content, and instructor\nqualifications.  Required training shall not exceed eighteen (18) classroom hours for\ninitial training and six (6) classroo m hours per year for continuing training. Actual\ntraining may be conducted by an agency or any other organization, if the training\nprogram offered has been approved by the office as meeting minimum standards.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54542","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"16ccb682b403924e449da10e79759e76edab04c88efbaf0e14119011fd56c48e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.020","next":"us-ky/krs-13b.040"},"notice":"GroundRules: Original legal text. Not legal advice."}
