{"data":{"id":"us-ky/krs-13b.080","jurisdiction":"us-ky","citation":"KRS 13B.080","heading":"Conduct of hearing.","body":"(1) A hearing officer shall preside over the conduct of an administrative hearing and\nshall regulate the course of the proceedings in a manner which will promote the\norderly and prompt conduct of the hearing. When a prehearing order has been\nissued, the hearin g officer shall regulate the hearing in conformity with the\nprehearing order.\n(2) The hearing officer, at appropriate stages of the proceedings, shall give all parties\nfull opportunity to file pleadings, motions, objections, and offers of settlement. The\nhearing officer, at appropriate stages of the proceedings, may give all parties full\nopportunity to file briefs, proposed findings of fact and conclusions of law, and\nproposed recommended or final orders. The original of all filings shall be mailed to\nthe a gency, and copies of any filed item shall be served on all parties and the\nhearing officer by mail or any other means permitted by law or prescribed by agency\nadministrative regulation. The agency shall when it is received stamp the time and\ndate upon a document.\n(3) The hearing officer may issue subpoenas and discovery orders when requested by a\nparty or on his own volition. When a subpoena is disobeyed, any party may apply to\nthe Circuit Court of the judicial circuit in which the administrative hearing is  held\nfor an order requiring obedience. Failure to comply with an order of the court shall\nbe cause for punishment as a contempt of the court.\n(4) To the extent necessary for the full disclosure of all relevant facts and issues, the\nhearing officer shall a fford all parties the opportunity to respond, present evidence\nand argument, conduct cross -examination, and submit rebuttal evidence, except as\nrestricted by limited grant of intervention or a prehearing order.\n(5) Any party to an administrative hearing ma y participate in person or be represented\nby counsel. In informal proceedings, a party may be represented by other\nprofessionals if appropriate and if permitted by the agency by administrative\nregulation.\n(6) If a party properly served under KRS 13B.050 fa ils to attend or participate in a\nprehearing conference, hearing, or other stage of the administrative hearing process,\nor fails to comply with the orders of a hearing officer, the hearing officer may\nadjourn the proceedings and issue a default order grant ing or denying relief as\nappropriate, or may conduct the proceedings without the participation of the\ndefaulting party, having due regard for the interests of justice and the orderly and\nprompt conduct of the proceedings. A default order shall be considere d a\nrecommended order and shall be processed as provided in KRS 13B.110.\n(7) A hearing officer may conduct all or part of an administrative hearing, or a\nprehearing conference, by telephone, television, or other electronic means, if each\nparty to the hearing has an opportunity to hear, and, if technically feasible, to see the\nentire proceeding as it occurs, and if each party agrees.\n(8) An administrative hearing shall be open to the public unless specifically closed\npursuant to a provision of law. If an adm inistrative hearing is conducted by\ntelephone, television, or other electronic means, and is not closed, public access\nshall be satisfied by giving the public an opportunity, at reasonable times, to hear or\ninspect the agency's record.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=792","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"eef0c1c15cf814a00ce5febd05a2a006a29af26b27d21a3c47f636b9e3125ffc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.070","next":"us-ky/krs-13b.090"},"notice":"GroundRules: Original legal text. Not legal advice."}
