{"data":{"id":"us-ky/krs-335b.030","jurisdiction":"us-ky","citation":"KRS 335B.030","heading":"Written findings of fact when denying position of public employment or","body":"license based on prior criminal conviction -- Connection between prior\nconviction and license sought required -- Hearings and appeals -- Burden of\nproof.\n(1) (a) If, after evaluating the evidence as described in KRS 335B.020(2), a hiring or\nlicensing authority denies an individual a position of public employment or a\nlicense solely because of the individual's prior conviction of a crime, the\nhiring or licensing authority shall  provide the individual with written findings\nof fact, including but not limited to the following:\n1. The grounds and reasons for the denial or disqualification, citing facts as\nthey relate to specific items of consideration in KRS 335B.020(2);\n2. That the individual has the right to a hearing conducted in accordance\nwith KRS Chapter 13B, if written request for hearing is made within ten\n(10) working days after service of notice;\n3. The earliest date the person may reapply for a position of public\nemployment or a license; and\n4. That new or previously submitted evidence of rehabilitation may be\nconsidered upon reapplication.\n(b) Any party aggrieved by a final order issued by a hiring or licensing authority\nafter a hearing under this subsection may appeal to Franklin Circuit Court or\nthe Circuit Court of the county in which the appealing party resides in\naccordance with KRS Chapter 13B.\n(2) (a) A hiring or licensing authority shall not disqualify an individual from a\nposition of public employment or from pursu ing, practicing, or engaging in\nany occupation for which a license is required solely because of the\nindividual's prior conviction of a crime, unless the authority provides the\nindividual with a written notice that the authority has determined that the prior\nconviction may disqualify the person, demonstrates the connection between\nthe prior conviction and the position of public employment or license being\nsought, and affords the individual an opportunity to be personally heard\nbefore the board prior to the board making a decision on whether to disqualify\nthe individual. If the position of public employment or license is denied after\nthe person was heard, the hiring or licensing authority shall notify the\nindividual in writing of the following:\n1. The grounds and reasons for the denial or disqualification;\n2. That the individual has the right to a hearing conducted in accordance\nwith KRS Chapter 13B, if a written request for hearing is made within\nten (10) working days after service of notice;\n3. The earliest date the person may reapply for a position of public\nemployment or license; and\n4. That evidence of rehabilitation may be considered upon reapplication.\n(b) Any party aggrieved by a final order issued by a hiring or licensing authority\nafter a hearing under this subsection may appeal to Franklin Circuit Cou rt or\nthe Circuit Court of the county in which the appealing party resides in\naccordance with KRS Chapter 13B.\n(3) In any administrative hearing or civil litigation authorized under this section, the\nhiring or licensing authority shall carry the burden of proof on the question of\nwhether the prior conviction directly relates to the position of public employment\nsought or the occupation for which the license is sought.","path":["KRS Chapter 335B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56804","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:25Z","sha256":"844e0b753898dc9e5ea01e534ea0a6ca0292f6ae636badad67aba4981c6a2ab2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-335b.025","next":"us-ky/krs-335b.032"},"notice":"GroundRules: Original legal text. Not legal advice."}