{"data":{"id":"us-ky/krs-198b.070","jurisdiction":"us-ky","citation":"KRS 198B.070","heading":"Appeals.","body":"(1) The mayor or county judge/executive of a local government which is enforcing\nthe Uniform State Building Code may, upon the approval of the local legislative\nbody, appoint a local appeals board, consisting of five (5) technically qualified\npersons with professional experience related to the building industry, to hear\nappeals from the decisions of the local building official. At least three (3)\nmembers  of the appeals board shall not be employed by the local government\nhearing the appeal.\n(2) Local governments that are enforcing the Uniform State Building Code may\ncooperate with each other to provide a local appeals board and shall adhere to\nthe  provisions of KRS  Chapter  65  when  entering these cooperative\nagreements.  A  local building official or employee  of a local inspection\ndepartment shall not sit on a local appeals board if the board is hearing an\nappeal to a decision rendered by his or her department. A member  of a local\nappeals board shall not hear an appeal in a case in which he or she has a\nprivate interest.\n(3) Any party to a decision by the local building official may appeal that decision to\nthe local appeals board. Upon receipt of an appeal from a qualified party, the\nlocal appeals board shall convene a hearing to consider the appeal within\nfifteen (15) days of receipt. All parties to the appeal shall be notified of the time\nand place of the hearing by letter mailed by certified mail no later than ten (10)\ndays prior to the date of the hearing. The local appeals board shall render a\ndecision within five (5) working days after the hearing.\n(4) A local appeals board may uphold, amend, or reverse the decision of a local\nbuilding official, and there shall be no appeal from the decision of a local\nappeals board other than by appeal to the department. Appeals to the\ndepartment shall include citation of those provisions of the Uniform State\nBuilding Code which are at issue, and an explanation of why the decision of the\nlocal appeals board or the local building official relative to those provisions is\nbeing contested.\n(5) The department shall serve to hear appeals from the decisions of local appeals\nboards, when these boards exist, or to hear appeals directly from the decisions\nof local building officials in cases where no local appeals board has jurisdiction.\nIn no case shall the department hear an appeal directly from a party aggrieved\nby the decision of a local building official when there is a local appeals board\nwith jurisdiction in the case.\n(6) The  department shall hear appeals directly from a party aggrieved by the\ndecision of an agent of the department. These appeals shall include citations of\nthose provisions of the Uniform State Building Code which are at issue, and an\nexplanation of why the decision of the agent of the department relative to those\nprovisions is being contested.\n(7) Appeals to the department shall be addressed to the commissioner, who shall\nimmediately notify the department when  an  appeal is received. The\ncommissioner or a designated employee of his or her department shall then\ninvestigate the evidence pertaining to the appeal and, based upon the results\nof  the investigation, make  recommendations  to the department on  the\ndisposition of the case in question. No  employee of the department shall\ninvestigate or make recommendations on an appeal to his or her own decision,\nbut shall defer in such cases to employees who were not party to the decision\nwhich led to the appeal. In conducting an investigation, the commissioner or his\nor her designated representatives, acting for the department, shall have the\nauthority to administer oaths and affirmations, issue subpoenas authorized by\nlaw, rule upon offers of proof and receive relevant evidence, take or cause\ndepositions to be taken, regulate the course of any informal or fact-finding\nhearings they may  schedule, and hold conferences for the settlement or\nsimplification of the issues by consent of the parties. The commissioner shall\ncomplete his or her investigations within thirty (30) days after receiving an\nappeal.\n(8) If the matter is not settled by agreement of the parties through the procedure\nestablished in subsection (7) of this section, the commissioner shall schedule\nan  administrative hearing that shall be conducted in accordance with KRS\nChapter 13B.\n(9) The commissioner may appoint five (5) or more members  of the department to\nconduct the hearing, and those appointed shall act in all matters concerning\nthe appeal for the entire department.\n(10) The department may uphold, amend, or reverse the decision of a local appeals\nboard, a local building official, or an agent of the department by final order. An\nappeal of the department's final order shall be to the Circuit Court within whose\njurisdiction the property in question is located in accordance with KRS  Chapter\n13B.","path":["KRS Chapter 198B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46902","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:51Z","sha256":"3afa8beaa1eb7314edd82b22d70dcca77493bc3162907d0e7b4481a0e3f6a313","source_id":"us-ky","stale":false,"prev":"us-ky/krs-198b.062","next":"us-ky/krs-198b.080"},"notice":"GroundRules: Original legal text. Not legal advice."}