{"data":{"id":"us-ky/krs-13b.040","jurisdiction":"us-ky","citation":"KRS 13B.040","heading":"Qualifications of hearing officer.","body":"(1) A person who has served as an investigator or prosecutor in an administrative\nhearing or in its preadjudicative stage shall not serve as hearing officer or assist or\nadvise a hearing officer in the same proceeding. This shall not be construed as\npreventing a person who has participated as a hearing officer in a determination of\nprobable cause or other equivalent preliminary determination from serving as a\nhearing officer in the same proceeding.\n(2) (a) A hearing officer, agency head, or member of an agency head who is serving\nas a hearing officer shall voluntarily disqualify himself and withdraw from any\ncase in which he cannot afford a fair and impartial hearing or consideration.\nAny party may request the disqualification of a hearing officer, agency head,\nor member of the agency head by filing an affidavit, upon discovery of facts\nestablishing grounds for a disqualification, stating the particular grounds upon\nwhich he claims that a fair and impartial hearing cannot be accorded. A\nrequest for the disqualifi cation of a hearing officer shall be answered by the\nagency head within sixty (60) days of its filing. The request for\ndisqualification and the disposition of the request shall be a part of the official\nrecord of the proceeding. Requests for disqualificati on of a hearing officer\nshall be determined by the agency head. Requests for disqualification of a\nhearing officer who is a member of the agency head shall be determined by\nthe majority of the remaining members of the agency head.\n(b) Grounds for disqualification of a hearing officer shall include, but shall not be\nlimited to, the following:\n1. Serving as an investigator or prosecutor in the proceeding or the\npreadjudicative stages of the proceeding;\n2. Participating in an ex parte communication which would  prejudice the\nproceedings;\n3. Having a pecuniary interest in the outcome of the proceeding; or\n4. Having a personal bias toward any party to a proceeding which would\ncause a prejudgment on the outcome of the proceeding.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=788","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"df78240273359273dabdd815fe24b58a60c160a065647ffa8366eff6281b004b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.030","next":"us-ky/krs-13b.050"},"notice":"GroundRules: Original legal text. Not legal advice."}