{"data":{"id":"us-ky/krs-65.8829","jurisdiction":"us-ky","citation":"KRS 65.8829","heading":"Hearing officer -- Duties -- Procedures -- Ordinance for alternative","body":"procedure.\n(1) A code enforcement board may assign a hearing officer as provided by ordinance to\nconduct hearings in accordance with the procedures set forth in KRS 65.8828.\n(2) (a) Any member of the code enforcement board, including the chair, may be\nassigned as a hearing officer.\n(b) An individual that is not a member of the code enforcement board may be\nassigned by the code enforcement board as a hearing officer as long as the\nindividual does not hold any elected or appointed office or position of\nemployment with a unit of local government that created the code\nenforcement board.\n(3) Any person assigned to be a hearing officer by a code enforcement board shall have\nexperience or s hall have received training in the code enforcement process and\nbasic procedural due process, as specified in the ordinance creating the code\nenforcement board. The experience or training shall include, at a minimum,\nacquired knowledge regarding a party's fundamental due process right to:\n(a) Be accompanied and advised by counsel at the hearing;\n(b) Present evidence and witnesses on his or her behalf at the hearing;\n(c) Examine the evidence opposing the party; and\n(d) Confront and cross-examine the witnesses opposing the party.\n(4) An assigned hearing officer may administer oaths to witnesses prior to their\ntestimony and subpoena alleged violators, witnesses, and evidence to the hearing to\nwhich the officer is assigned.\n(5) Any hearing conducted by a hearing  officer under this section shall conform to the\nprocedural requirements of KRS 65.8828(1) to (5).\n(6) The hearing officer shall make written findings of fact, conclusions of law, and a\nrecommended order for consideration by the code enforcement board. The  hearing\nofficer shall, within twenty -four (24) hours of entry, forward these findings,\nconclusions, and recommended order to the alleged violator in the manner required\nby KRS 65.8828(5) and to the code enforcement board for its action under KRS\n65.8828.\n(7) (a) In lieu of subsection (6) of this section, a local government may provide in the\nordinance establishing the code enforcement board that a hearing officer shall\nmake written findings of facts and conclusions of law, and enter final orders\nconsistent with the authority granted to the code enforcement board under\nKRS 65.8828(4).\n(b) The findings of fact, conclusions of law, and final order shall be forwarded\nwithin twenty-four (24) hours of entry to the alleged violator in the manner\nrequired by KRS 65.8828(5) and to the code enforcement board.\n(c) For appeals of a final order of a he aring officer issued under this subsection,\nthe local government shall designate in the ordinance governing the operation\nof the code enforcement board that either:\n1. A final order issued by a hearing officer under this subsection may be\nappealed by the a lleged violator to the code enforcement board in\naccordance with terms specified in the ordinance governing the\noperation of the code enforcement board. If the local government\nprovides appeals to the code enforcement board, the appeal shall be filed\nin wr iting to the code enforcement board within seven (7) days of the\nreceipt of the final order. The failure to file an appeal within seven (7)\ndays shall render the order entered by the hearing officer final for all\npurposes and an individual receiving a fina l order under this\nsubparagraph shall be required to exhaust the administrative remedy of\nappeal to the code enforcement board before appealing to District Court\nas authorized under KRS 65.8831; or\n2. A final order issued by a hearing officer under this su bsection may be\nappealed by the alleged violator directly to District Court, in accordance\nwith the provisions of KRS 65.8831.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45190","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:23Z","sha256":"ae304f30bfceb99ae59dc7ecc33e342c23f612335839d0ba5bd282ac8a7a2ad2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.8828","next":"us-ky/krs-65.8831"},"notice":"GroundRules: Original legal text. Not legal advice."}