{"data":{"id":"us-ky/krs-67c.323","jurisdiction":"us-ky","citation":"KRS 67C.323","heading":"Review of disciplinary actions -- Hearings -- Appeal.","body":"In all cases provided for in KRS 67C.321, the discipline issued by the chief, upon final\nopinion issued by the chief, or the chief's designee following the pre -disciplinary hearing,\nshall be reviewed by the board as follows:\n(1) All discipline consisting of either a dismissal, suspension, or demotion of a\nnonprobationary officer made by the chief shall be subject to review by the board.\nDiscipline consisting of dismissal, demotion, or a forty (40) hour or more\nsuspension of a nonprobationary officer shall be heard by the full board. The board\nshall give notice and hold a hearing. After the hearing, the board shall, without the\nparties to the appeal, retire in executive session to dis cuss the evidence introduced\nat the hearing and to make its determination and conclusion. While in executive\nsession, the board shall not receive any further evidence or communication from\nany source prior to reaching its determination and conclusion. The board, while in\nexecutive session, may request and receive legal advice from board counsel on\nspecific legal issues which may arise during deliberations. If a majority of the\nmembers of the board are of the opinion that the discipline issued by the chief i s\nunsupported by a preponderance of the evidence or that the discipline is unjustified,\nthe board may impose the penalty or punishment it deems necessary and\nappropriate, if any; provided however, the board shall not impose a penalty or\npunishment in exces s of the discipline issued by the chief. No officer shall be\nremoved or dismissed except as provided for in this section.\n(2) All discipline consisting of a suspension of a nonprobationary officer of less than\nforty (40) hours may be heard by the full boar d or any hearing officer secured by\nthe board. If the appeal of the discipline is heard by a hearing officer, all rules\nestablished by the board relating to disciplinary hearings shall be applicable. After\nthe hearing, the hearing officer shall complete and submit to the board, no later than\nthirty (30) days after the hearing, a written recommended order which shall include\nhis or her findings of fact, conclusions of law, and recommended disposition of the\nappeal of the discipline, which may include recomme nded penalties. The\nrecommended order shall also include a statement advising the officer and chief\nfully of their exception and appeal rights. A copy of the hearing officer's\nrecommended order shall be sent to the appealing officer and chief. Each party shall\nhave fifteen (15) days from the date the recommended order is mailed within which\nto file exceptions to the recommendations with the board. The board shall consider\nthe record including the recommended order and any exceptions duly filed to a\nrecommended order, and accept and adopt or reject or modify, in whole or in part,\nthe recommended order, or remand the matter, in whole or in part, to the hearing\nofficer for further proceedings as appropriate. The final order of the board shall be\nin writing. If the final order differs from the recommended order, it shall include\nseparate statements of findings of fact and conclusions of law. The board shall\nrender a final order in an administrative hearing within thirty (30) days after receipt\nof the hearing officer's recommended order.\n(3) (a) Every action of a dismissal, suspension, or demotion made by the board shall\nbe final, except that any person aggrieved may, within thirty (30) days after\nthe action, appeal to the Circuit Court of the county in which the b oard meets.\nThe board shall be named respondent as the consolidated local government\npolice force merit board, and service shall be had on the chairman of the\nboard. Notice of the appeal shall be given to the chief or the officer if not\nalready a party to the appeal as real parties in interest. The appeal taken to the\nCircuit Court shall be docketed by the clerk as a civil action with appropriate\njudicial review of an administrative action or decision.\n(b) The judgment of the Circuit Court shall be subject to appeal to the Court of\nAppeals. The procedure as to the appeal to the Court of Appeals shall be the\nsame as in any civil action.","path":["KRS Chapter 67C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55792","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:29Z","sha256":"857e97b9a3ee935437033137450be7bd5799ecac16208432efe98d969b083c04","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67c.321","next":"us-ky/krs-67c.325"},"notice":"GroundRules: Original legal text. Not legal advice."}