{"data":{"id":"us-ky/krs-189a.370","jurisdiction":"us-ky","citation":"KRS 189A.370","heading":"Administrative appeals process for ignition interlock license.","body":"(1) (a) In every instance where the Transportation Cabinet takes action which affects:\n1. A person's eligibility for an ignition interlock license;\n2. The calculation of a person's ninety (90) or one hundred twenty (120)\nconsecutive days;\n3. The calculation of a person's day-for-day credit;\n4. A person's eligibility for an employer exemption; or\n5. The calculation of a person's income and where that income places the\nperson on the federal poverty guidelines;\nunder KRS 189A.340, that action shall include a letter that notifies the person\nof the action, informs the person of the basis of the action, and informs the\nperson of his or her right to request an informal hearing within twenty (20)\ndays of receiving the notice.\n(b) The informal hearing shall be scheduled as  early as practical within twenty\n(20) days after receipt of the request at a time and place designated by the\ncabinet.\n(c) The informal hearing shall be conducted by a hearing officer designated by the\ncommissioner and shall adhere to the requirements of KRS 13B.090. At the\nhearing, the complainant shall be given a statement of why the cabinet took\nthe action, and both the cabinet and the complainant shall have the right to be\nadvised by an attorney with the burden of proof resting with the complainant.\nAfter the hearing, the hearing officer shall prepare a written report of the\nhearing with a recommended decision to the commissioner. The final decision\nshall be made by the commissioner. As used in this paragraph,\n\"commissioner\" means the commissioner of th e cabinet's Office of Vehicle\nRegulation.\n(2) An aggrieved party may file a request for reconsideration of the commissioner's\nfinal decision with the cabinet's Office of Legal Services within twenty (20) days\nafter receipt of the informal hearing decision.  The Office of Legal Services shall\nissue a decision within twenty (20) days after receipt of the request.\n(3) An aggrieved party may appeal the Office of Legal Services' decision within twenty\n(20) days after receipt of the decision, and upon appeal an ad ministrative hearing\nshall be conducted in accordance with KRS Chapter 13B.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49580","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"7d5f8ba7f3828f7f572b4c8bfdf2419228529cad4c8397bd820163d3020a9122","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.360","next":"us-ky/krs-189a.380"},"notice":"GroundRules: Original legal text. Not legal advice."}