{"data":{"id":"us-ky/krs-224.10-440","jurisdiction":"us-ky","citation":"KRS 224.10-440","heading":"Hearings -- Reports, recommended orders, exceptions, decisions --","body":"Rights of parties -- Records -- Hearings to be public -- Administrative\nregulations.\n(1) All hearings under this chapter shall be held before a qualified hearing officer, who\nmay be a full-time employee of the cabinet, serve by contract, or be paid on a per\ndiem basis in the discretion of the cabinet. After the conclusion of the hearing, the\nhearing officer shall make to the secretary a report and recommended order which\nshall contain  a finding of fact and a conclusion of law. The hearing officer shall\nserve a copy of his report and recommended order upon all parties of record to the\nproceeding, and they shall be granted the right to file within fourteen (14) days of\nreceipt exceptions thereto. The secretary shall consider the report, exceptions, and\nrecommended order and decide the case within ninety (90) days. The secretary, for\ngood cause, may take no more than an additional forty -five (45) days provided the\nsecretary gives the parti es written notice stating the good cause within the original\nninety (90) day period. The secretary's decision shall be served by mail upon all\nparties and shall be a final order of the cabinet.\n(2) Any party to a hearing under this subsection may be repres ented by counsel, may\nmake oral or written argument, offer testimony, cross -examine witnesses, or take\nany combination of these actions. The secretary may promulgate administrative\nregulations to require that direct testimony be filed in writing prior to t he hearing,\neither for all or some categories of cases. The record of the hearing shall be open to\npublic inspection, and copies thereof shall be made available to any person upon\npayment of the actual cost of reproducing the original except as provided in  KRS\n224.10-210.\n(3) Unless all parties to the case agree in writing otherwise, the hearing officer shall\nconduct the hearing, complete the report and recommended order, and transmit the\nreport and recommended order to the secretary no later than one hundr ed eighty\n(180) days after service of the written notice described in KRS 224.10 -420(1) upon\nall named parties or service of the petition and demand for hearing pursuant to KRS\n224.10-420(2) upon all named parties, whichever is applicable. Upon written\nrequest of the hearing officer or any party to the hearing, the secretary or secretary's\ndesignee, for good cause shown, may extend this deadline for a period not to exceed\nninety (90) days. The secretary shall grant no more than two (2) ninety (90) day\nextensions under this subsection, unless the secretary and all parties to the case\nagree to the contrary in writing.\n(4) The secretary may promulgate administrative regulations to establish procedures\nand deadlines for submitting a written request for an extens ion pursuant to\nsubsection (3) of this section. The secretary shall require that any written request for\nextension include a proposed date certain by which the hearing or report and\nrecommended order, or both, will be completed.\n(5) Upon the failure of the  hearing officer to make a report and recommended order to\nthe secretary within the deadline set forth in subsection (3) of this section, including\nany extensions granted by the secretary pursuant to subsections (3) and (4) of this\nsection, the secretary s hall remove the case from the hearing officer. The secretary\nshall then:\n(a) Decide the case within ninety (90) days after allowing the parties to\nsupplement the record, if necessary; or\n(b) Transfer the case to another qualified hearing officer for comple tion of the\nhearing or report and recommended order, or both, by a new deadline set by\nthe secretary. The secretary shall make no more than one (1) transfer pursuant\nto this subsection.\n(6) All hearings conducted pursuant to this chapter shall be open to the public except as\nprovided in KRS 224.10-210.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10327","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"3dd3c75c0d8c22ee6e5364f73dd8f7c7e05e7c37a466c8a0ca8b94517044365e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.10-430","next":"us-ky/krs-224.10-470"},"notice":"GroundRules: Original legal text. Not legal advice."}