KRS § 335B.030 — KY Code / Title XXVI / Chapter 335B / Section 335B.030
335B.030 Written notice of denial of position of public employment based on prior criminal conviction -- Disqualification of individual from occupation requiring license -- Connection between prior conviction and license sought required -- Hearings and appeals
Status: in_force

335B.030 Written notice of denial of position of public employment based on

prior criminal conviction -- Disqualification of individual from occupation

requiring license -- Connection between prior conviction and license

sought required -- Hearings and appeals.

(1) (a) If a hiring or licensing authority denies an individual a position of public

employment solely because of the individual's prior conviction of a crime,

the hiring or licensing authority shall notify the individual in writing of the

following:

1. The grounds and reasons for the denial or disqualification;

2. That the individual has the right to a hearing conducted in

accordance with KRS Chapter 13B, if written request for hearing is

made within ten (10) days after service of notice;

3. The earliest date the person may reapply for a position of public

employment or a license; and

4. That evidence of rehabilitation may be considered upon

reapplication.

(b) Any party aggrieved by a final order issued by a hiring or licensing

authority after a hearing under this subsection may appeal to Franklin

Circuit Court in accordance with KRS Chapter 13B.

(2) (a) Except as provided in paragraph (b) of this subsection, a hiring or

licensing authority shall not disqualify an individual from pursuing,

practicing, or engaging in any occupation for which a license is required

solely because of the individual's prior conviction of a crime, unless the

authority provides the individual with a written notice that the authority has

determined that the prior conviction may disqualify the person,

demonstrates the connection between the prior conviction and the license

being sought, and affords the individual an opportunity to be personally

heard before the board prior to the board making a decision on whether to

disqualify the individual. If the license is denied after the person was

heard, the hiring or licensing authority shall notify the individual in writing

of the following:

1. The grounds and reasons for the denial or disqualification;

2. That the individual has the right to a hearing conducted in

accordance with KRS Chapter 13B, if a written request for hearing is

made within ten (10) days after service of notice;

3. The earliest date the person may reapply for a license; and

4. That evidence of rehabilitation may be considered upon

reapplication.

(b) If an individual's prior conviction was for a Class A felony, a Class B

felony, or any felony offense that would qualify the individual as a

registrant pursuant to KRS 17.500, there shall be a rebuttable

presumption that a connection exists between the prior conviction and the

license being sought.

(c) Any party aggrieved by a final order issued by a hiring or licensing

authority after a hearing under this subsection may appeal to Franklin

Circuit Court in accordance with KRS Chapter 13B.

(3) Except as provided in subsection (2)(b) of this section, in any administrative

hearing or civil litigation authorized under this section, the hiring or licensing

authority shall carry the burden of proof on the question of whether the prior

conviction directly relates to the position of employment sought or the

occupation for which the license is sought.