{"data":{"id":"us-ky/krs-77.310","jurisdiction":"us-ky","citation":"KRS 77.310","heading":"Proceedings for alleged violations of chapter or regulations and for petitions","body":"for a hearing on board orders or determinations -- Hearing officers.\n(1) If there is reason to believe that a violation of this chapter or of a regulation\npromulgated under this chapter has occurred within an air pollution control district,\nthe district shall issue and mail to or serve upon the person complained against a\nwritten notice of the provision of this chapter or the regulation allegedly violated.\nThe district may sc hedule a settlement conference before the air pollution control\nofficer or a designee at which the person complained against may appear to answer\nthe charges set out in the notice. The conference shall be scheduled at a time not\nless than thirty (30) days after the date of notice unless the person complained\nagainst waives in writing the thirty (30) day period. Alleged violations that remain\nunresolved may be scheduled for a hearing under subsection (3) of this section at a\ntime not less than thirty (30) da ys after a determination that the violation is\nunresolved unless the person complained against waives in writing the thirty (30)\nday period. The scheduling of a settlement conference or hearing shall not prevent\nthe negotiation of a settlement of a violati on prior to the conference or hearing. At\nany time, the air pollution control board may determine that a violation shall be\nresolved as a civil or criminal action in an appropriate court or referred for action to\neither the United States Environmental Prot ection Agency or the Energy and\nEnvironment Cabinet instead of being resolved as a district action.\n(2) When permittees or persons not previously heard in connection with the issuance of\nan order or the making of a determination including, but not limited to, the issuance,\ndenial, modification, or revocation of a permit, consider themselves aggrieved, they\nmay file with the district a petition for a hearing. The petition shall allege that the\norder or determination is contrary to law or fact and is injuriou s to the petitioner,\nstating the grounds and reasons, and demanding a hearing. Unless the board\nconsiders the petition frivolous, the air pollution control officer shall serve written\nnotice of the petition on each person named therein and shall schedule a  hearing not\nless than sixty (60) days after the date of the petition unless the person complained\nagainst waives in writing the sixty (60) day period. The right to demand a hearing\nunder this section shall be limited to a period of thirty (30) days after the petitioner\nhas had actual notice, or could reasonably have had notice, of the order or\ndetermination complained of. Prior to the hearing, the air pollution control officer\nmay require the parties to meet for settlement purposes.\n(3) Hearings of unresol ved violations or petitions for a hearing on orders or\ndeterminations shall be held before a qualified hearing officer who, in the discretion\nof the district, may serve by contract, be paid on a per diem basis, or be a full -time\nemployee of the county not assigned to the district. The district shall provide written\nnotice of the hearing to the person alleged to be in violation or to the petitioner.\nAfter the conclusion of the hearing, the hearing officer shall, within thirty (30) days,\nmake a report and rec ommended order, which shall contain findings of fact and\nconclusions of law, to the secretary -treasurer. If the secretary -treasurer finds upon\nwritten request of the hearing officer that additional time is needed, the secretary -\ntreasurer may grant an extension. The hearing officer shall serve a copy of the report\nand recommended order upon all parties of record to the proceedings, and the\nparties shall be granted the right to file exceptions within fourteen (14) days of\nreceipt. The secretary -treasurer shal l schedule a time for the air pollution control\nboard to consider the report, exceptions, and recommended order and to decide the\ncase. The decision shall be served by mail upon all parties and shall be a final order\nof the board. No order of the board on a Title V permit shall become final for appeal\npurposes until it is approved by the United States Environmental Protection Agency\nunder the Federal Clean Air Act of 1963 as amended by the Clean Air Act\nAmendments of 1990.\n(4) The hearing officer shall pres ide at the hearing, shall keep order, and shall conduct\nthe hearing in accordance with reasonable administrative practices. A party to a\nhearing under this section may be represented by counsel, make oral or written\nargument, offer testimony, cross -examine witnesses, or take any combination of\nthese actions. The record of the hearing shall be open to public inspection, and\ncopies thereof shall be made available to a person upon payment of the actual cost\nof reproducing the original, except as otherwise provided in district regulations.","path":["KRS Chapter 77"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24663","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:37Z","sha256":"ae89376957e3c340d7785e08ab33d8b620db12548de018ac0bd886ba78038989","source_id":"us-ky","stale":false,"prev":"us-ky/krs-77.305","next":"us-ky/krs-77.315"},"notice":"GroundRules: Original legal text. Not legal advice."}