{"data":{"id":"us-ky/krs-13b.090","jurisdiction":"us-ky","citation":"KRS 13B.090","heading":"Findings of fact -- Evidence -- Recording of hearing -- Burdens of proof.","body":"(1) In an administrative hearing, findings of fact shall be based exclusively on the\nevidence on the record. The hearing officer shall exclude evidence that is irrelevant,\nimmaterial, unduly repetitious, or excludable on constitutional or statutory ground s\nor on the basis of evidentiary privilege recognized in the courts of this\nCommonwealth. Hearsay evidence may be admissible, if it is the type of evidence\nthat reasonable and prudent persons would rely on in their daily affairs, but it shall\nnot be sufficient in itself to support an agency's findings of facts unless it would be\nadmissible over objections in civil actions.\n(2) All testimony shall be made under oath or affirmation. Any part of the evidence\nmay be received in written form if doing so will exp edite the hearing without\nsubstantial prejudice to the interests of any party. The hearing officer may make a\nrecommended order in an administrative hearing submitted in written form if the\nhearing officer determines there are no genuine issues of material fact in dispute and\njudgment is appropriate as a matter of law.\n(3) Any party shall have the right to inspect, at least five (5) days prior to the hearing, a\nlist of all witnesses every other party expects to call at the hearing, and the available\ndocumentary or tangible evidence relating to an administrative hearing either in\nperson or by counsel. Copies of documentary evidence may be obtained upon the\npayment of a fee, except documents protected from disclosure by state or federal\nlaw. Nothing in this section shall be construed as giving a party the right to examine\nor copy the personal notes, observations, or conclusions of the agency staff, unless\nexculpatory in nature, nor shall it be construed as allowing access to the work\nproduct of counsel for the agency. Conditions for examining and copying agency\nrecords, fees to be charged, and other matters pertaining to access to these records\nshall be governed by KRS 61.870 to 61.884. To the extent required by due process,\nthe hearing officer may order the ins pection of any records excluded from the\napplication of KRS 61.870 to 61.884 under KRS 61.878 that relate to an act,\ntransaction, or event that is a subject of the hearing, and may order their inclusion in\nthe record under seal.\n(4) Objections to evidentiary offers may be made by any party and shall be noted in the\nrecord.\n(5) The hearing officer may take official notice of facts which are not in dispute, or of\ngenerally-recognized technical or scientific facts within the agency's specialized\nknowledge. The hearing officer shall notify all parties, either before or during the\nhearing, or in preliminary reports or otherwise, of any facts so noticed and their\nsource. All parties shall be given an opportunity to contest facts officially noticed.\n(6) The agency shall cause all testimony, motions, and objections in a hearing to be\naccurately and completely recorded. Any person, upon request, may receive a copy\nof the recording or a copy of the transcript, if the hearing has been transcribed, at\nthe discretion of t he agency, unless the hearing is closed by law. The agency may\nprepare a transcript of a hearing or a portion of a hearing upon request but the party\nmaking the request shall be responsible for the transcription costs. The form of all\nrequests and fees charged shall be consistent with KRS 61.870 to 61.884.\n(7) In all administrative hearings, unless otherwise provided by statute or federal law,\nthe party proposing the agency take action or grant a benefit has the burden to show\nthe propriety of the agency ac tion or entitlement to the benefit sought. The agency\nhas the burden to show the propriety of a penalty imposed or the removal of a\nbenefit previously granted. The party asserting an affirmative defense has the\nburden to establish that defense. The party with the burden of proof on any issue has\nthe burden of going forward and the ultimate burden of persuasion as to that issue.\nThe ultimate burden of persuasion in all administrative hearings is met by a\npreponderance of evidence in the record, except when a  higher standard of proof is\nrequired by law. Failure to meet the burden of proof is grounds for a recommended\norder from the hearing officer.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48294","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"5bc5634a24e198e94ea0165bf020f178c07befee3392cb39d691e78401e68339","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.080","next":"us-ky/krs-13b.100"},"notice":"GroundRules: Original legal text. Not legal advice."}