{"data":{"id":"us-ky/krs-61.846","jurisdiction":"us-ky","citation":"KRS 61.846","heading":"Enforcement by administrative procedure -- Appeal.","body":"(1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin\nenforcement under this subsection before proceeding to enforcement under\nsubsection (2) of this section. The person shall submit a written complaint to the\npresiding officer of the public agency suspected of the violation of KRS 61.805 to\n61.850. The complaint shall state the circumstances which constitute an alleged\nviolation of KRS 61.805 to 61.850 and shall state what the public agency should do\nto remedy the alleged viola tion. The public agency shall determine within three (3)\ndays, excepting Saturdays, Sundays, and legal holidays, after the receipt of the\ncomplaint whether to remedy the alleged violation pursuant to the complaint and\nshall notify in writing the person mak ing the complaint, within the three (3) day\nperiod, of its decision. If the public agency makes efforts to remedy the alleged\nviolation pursuant to the complaint, efforts to remedy the alleged violation shall not\nbe admissible as evidence of wrongdoing in an administrative or judicial\nproceeding. An agency's response denying, in whole or in part, the complaint's\nrequirements for remedying the alleged violation shall include a statement of the\nspecific statute or statutes supporting the public agency's denia l and a brief\nexplanation of how the statute or statutes apply. The response shall be issued by the\npresiding officer, or under his authority, and shall constitute final agency action.\n(2) If a complaining party wishes the Attorney General to review a publ ic agency's\ndenial, the complaining party shall forward to the Attorney General a copy of the\nwritten complaint and a copy of the written denial within sixty (60) days from\nreceipt by that party of the written denial. If the public agency refuses to provid e a\nwritten denial, a complaining party shall provide a copy of the written complaint\nwithin sixty (60) days from the date the written complaint was submitted to the\npresiding officer of the public agency. The Attorney General shall review the\ncomplaint and denial and issue within ten (10) days, excepting Saturdays, Sundays,\nand legal holidays, a written decision which states whether the agency violated the\nprovisions of KRS 61.805 to 61.850. In arriving at the decision, the Attorney\nGeneral may request additional documentation from the agency. On the day that the\nAttorney General renders his decision, he shall mail a copy to the agency and a copy\nto the person who filed the complaint.\n(3) (a) If a public agency agrees to remedy an alleged violation pursuant to subsection\n(1) of this section, and the person who submitted the written complaint\npursuant to subsection (1) of this section believes that the agency's efforts in\nthis regard are inadequate, the person may complain to the Attorney General.\n(b) The person shall provide to the Attorney General:\n1. The complaint submitted to the public agency;\n2. The public agency's response; and\n3. A written statement of how the public agency has failed to remedy the\nalleged violation.\n(c) The adjudicatory process set fo rth in subsection (2) of this section shall\ngovern as if the public agency had denied the original complaint.\n(4) (a) A party shall have thirty (30) days from the day that the Attorney General\nrenders his decision to appeal the decision. An appeal within t he thirty (30)\nday time limit shall be treated as if it were an action brought under KRS\n61.848.\n(b) If an appeal is not filed within the thirty (30) day time limit, the Attorney\nGeneral's decision, as to whether the agency violated the provisions of KRS\n61.805 to 61.850, shall have the force and effect of law and shall be\nenforceable in the Circuit Court of the county where the public agency has its\nprincipal place of business or where the alleged violation occurred.\n(5) A public agency shall notify the At torney General of any actions filed against that\nagency in Circuit Court regarding enforcement of KRS 61.805 to 61.850.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23054","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:16Z","sha256":"b9e144e5128f167050ce7eda2ef6b8dd754db20cca4e990d2677df33726e6eca","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.845","next":"us-ky/krs-61.848"},"notice":"GroundRules: Original legal text. Not legal advice."}