{"data":{"id":"us-ky/krs-353.700","jurisdiction":"us-ky","citation":"KRS 353.700","heading":"Administrative review of final determination or order of department --","body":"Petition -- Notice -- Hearing -- Report and recommended order of hearing\nofficer -- Final order of secretary -- Judicial review.\n(1) Any person aggrieved by any final determ ination made or order issued by the\ndepartment under this chapter, except any orders of the commission, may file with\nthe Energy and Environment Cabinet's Office of Administrative Hearings a petition\nalleging that the determination is contrary to law or fa ct and is injurious to the\npetitioner, alleging the grounds and reasons therefor, and demanding a hearing. An\norder or final determination includes but is not limited to the issuance, denial,\nmodification, or revocation of a permit, but does not include th e issuance of a letter\nidentifying deficiencies in an application for a permit, a registration or a\ncertification, or other nonfinal determinations. Unless the cabinet considers that the\npetition is frivolous, it shall serve written notice of the petition on each person\nnamed therein, and shall schedule a hearing before the cabinet not less than twenty -\none (21) days after the date of the notice unless the person complained against\nwaives in writing the twenty-one (21) day period.\n(2) The right to demand a hearing pursuant to this section shall be limited to a period of\nthirty (30) days after the petitioner has had actual notice of the final determination\nor order complained of, or could reasonably have had notice.\n(3) The burden of proof shall be upon the pa rty complaining of the order or final\ndetermination. Any party may offer into evidence all or any part of the record of the\nhearing which resulted in the order, and any other relevant evidence.\n(4) All hearings under this chapter, except those before the c ommission, shall be held\nbefore a hearing officer, duly qualified to practice law in the Commonwealth of\nKentucky, who may be a full-time employee of the cabinet, serve by contract, or be\npaid on a per diem basis at the discretion of the cabinet. After the  conclusion of the\nhearing, the hearing officer shall, within sixty (60) days, make to the secretary a\nreport and recommended order, which shall contain findings of fact and conclusions\nof law. If the secretary finds upon written request of the hearing off icer that\nadditional time is needed, the secretary may grant an extension. The hearing officer\nshall serve a copy of the report and recommended order upon all parties of record to\nthe proceeding and their counsels, if any, and they shall be granted the rig ht to file\nexceptions thereto within fourteen (14) days of receipt. Any party may submit a\nwritten response to exceptions within twenty -one (21) days of receipt of the report\nand recommended order. Exceptions and responses not timely filed shall be noted\nbut shall not be considered by the secretary in making a final order. Within ninety\n(90) days of the report or recommendation made by the hearing officer, the secretary\nshall consider the report, exceptions, responses to exceptions, and recommended\norder and decide the case. The decision shall be served by mail upon all parties and\ntheir attorney of record and shall be a final order of the cabinet.\n(5) The cabinet shall promulgate administrative regulations, pursuant to the provisions\nset forth in this chapt er and to the extent possible, consistent with those\npromulgated pursuant to KRS Chapter 224, establishing formal and informal\nhearing procedures by which any hearing shall, upon the written request of the\noperator, permittee, or other person, be held in t he Energy and Environment\nCabinet's Office of Administrative Hearings in Frankfort, before an impartial\nhearing officer who is independent of any prosecutorial functions of the cabinet.\nThe administrative regulations shall provide for the conduct of hearin gs and\ninvestigations of any matter relating to this chapter. The procedures developed\npursuant to this subsection shall provide that the hearings be held in the most\nexpeditious manner possible within the time constraints established under this\nchapter. N o person who presided at a prior hearing shall either preside at a\nsubsequent hearing or participate in any further decision or subsequent\nadministrative appeal in the same matter.\n(6) Any party aggrieved by a final order of the secretary resulting from a hearing\nconducted pursuant to this section may appeal to the Franklin Circuit Court within\nthirty (30) days from the issuance of the final order. The party or parties affected by\nthe final order shall file in the Circuit Court a petition, which states full y the\ngrounds upon which a review is sought and shall assign all errors relied on. The\ncabinet shall be named respondent, and service shall be had on the secretary.\nSummons shall issue upon the petition directing the cabinet to send its entire record,\nproperly bound, to the clerk of the Circuit Court after certifying that the record is its\nentire original record or a true copy. The record, when filed, shall become official\nand be considered by the Circuit Court on the review. After the case has been\nproperly docketed in the Circuit Court, any party directly affected by the issues on\nappeal, may, upon notice to the parties, proper showing, and in the discretion of the\ncourt, be permitted to intervene. The court shall review the entire record and the\nfindings and final order of the cabinet. No objection to the final order shall be\nconsidered by the court, unless the issue was raised before the cabinet or there were\nreasonable grounds for failure to do so. The findings of the cabinet as to the facts\nshall be pri ma facie evidence of the facts found therein. The court shall review the\nentire record and the findings and final order of the cabinet.\n(7) The court may stay the order until the court shall enter its decree. The court shall\nhave jurisdiction to enter a de cree affirming or setting aside the order or remanding\nthe cause with directions to modify the order so that it shall conform to the\nprovisions of this chapter. Appeals may be taken by any party to the suit in the same\nmanner and to the same extent as in other civil actions.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47765","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:40Z","sha256":"a9d4d611d4c9f3fe435c2c21ba1cac7b5a710940ff87b69a871f217e879809c2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.690","next":"us-ky/krs-353.710"},"notice":"GroundRules: Original legal text. Not legal advice."}