KRS § 13B.020 — KY Code / Title III / Chapter 13B / Section 13B.020
13B.020 Application of chapter -- Exemptions
Status: in_force

13B.020 Application of chapter -- Exemptions.

(1) The provisions of this chapter shall apply to all administrative hearings conducted

by an agency, with the exception of those specifically exempted under this section.

The provisions of this chapter shall supersede any other provisions of the Kentucky

Revised Statutes and administrative regulations, unless exempted under this section,

to the extent these other provisions are duplicative or in conflict. This chapter

creates only procedural rights and shall not be construed to confer upon any person

a right to hearing not expressly provided by law.

(2) The provisions of this chapter shall not apply to:

(a) Investigations, hearings to determine probable cause, or any other type of

information gathering or fact finding activities;

(b) Public hearings required in KRS Chapter 13A for the promulgation of

administrative regulations;

(c) Any other public hearing conducted by an administrative agency which is

nonadjudicatory in nature and the primary purpose of which is to seek public

input on public policy making;

(d) Military adjudicatory proceedings conducted in accordance with KRS Chapter

35;

(e) Administrative hearings conducted by the legislative and judicial branches of

state government;

(f) Administrative hearings conducted by any city, county, urban-county, charter

county, or special district contained in KRS Chapters 65 to 109, or any other

unit of local government operating strictly in a local jurisdictional capacity;

(g) Informal hearings which are part of a multilevel hearing process that affords

an administrative hearing at some point in the hearing process if the

procedures for informal hearings are approved and promulgated in accordance

with subsections (4) and (5) of this section;

(h) Limited exemptions granted for specific hearing provisions and denoted by

reference in the text of the applicable statutes or administrative regulations;

(i) Administrative hearings exempted pursuant to subsection (3) of this section;

(j) Administrative hearings exempted, in whole or in part, pursuant to

subsections (4) and (5) of this section; and

(k) Any administrative hearing which was commenced but not completed prior to

July 15, 1996.

(3) The following administrative hearings are exempt from application of this chapter

in compliance with 1994 Ky. Acts ch. 382, sec. 19:

(a) Finance and Administration Cabinet

1. Higher Education Assistance Authority

a. Wage garnishment hearings conducted under authority of 20

U.S.C. sec. 1095a and 34 C.F.R. sec. 682.410

b. Offset hearings conducted under authority of 31 U.S.C. sec.

3720A and sec. 3716, and 34 C.F.R. sec. 30.33

2. Department of Revenue

a. Any licensing and bond revocation hearings conducted under the

authority of KRS 138.210 to 138.448 and 234.310 to 234.440

b. Any license revocation hearings under KRS 131.630 and 138.130

to 138.205

(b) Cabinet for Health and Family Services

1. Office of the Inspector General

a. Certificate-of-need hearings and licensure conducted under

authority of KRS Chapter 216B

b. Licensure revocation hearings conducted under authority of KRS

Chapter 216B

2. Department for Community Based Services

a. Supervised placement revocation hearings conducted under

authority of KRS Chapter 630

3. Department for Medicaid Services

a. Administrative appeal hearings following an external independent

third-party review of a Medicaid managed care organization's final

decision that denies, in whole or in part, a health care service to an

enrollee or a claim for reimbursement to the provider for a health

care service rendered by the provider to an enrollee of the

Medicaid managed care organization, conducted under authority of

KRS 205.646

(c) Justice and Public Safety Cabinet

1. Department of Kentucky State Police

a. Kentucky State Police Trial Board disciplinary hearings conducted

under authority of KRS Chapter 16

2. Department of Corrections

a. Parole Board hearings conducted under authority of KRS Chapter

439

b. Prison adjustment committee hearings conducted under authority

of KRS Chapter 197

c. Prison grievance committee hearings conducted under authority of

KRS Chapters 196 and 197

3. Department of Juvenile Justice

a. Supervised placement revocation hearings conducted under KRS

Chapter 635

(d) Energy and Environment Cabinet

1. Department for Natural Resources

a. Surface mining hearings conducted under authority of KRS

Chapter 350

b. Oil and gas hearings conducted under the authority of KRS

Chapter 353, except for those conducted by the Kentucky Oil and

Gas Conservation Commission pursuant to KRS 353.500 to

353.720

c. Explosives and blasting hearings conducted under the authority of

KRS 351.315 to 351.375

2. Department for Environmental Protection

a. Wild River hearings conducted under authority of KRS Chapter

146

b. Water resources hearings conducted under authority of KRS

Chapter 151

c. Water plant operator and water well driller hearings conducted

under authority of KRS Chapter 223

d. Environmental protection hearings conducted under authority of

KRS Chapter 224

e. Petroleum Storage Tank Environmental Assurance Fund hearings

under authority of KRS Chapter 224

3. Public Service Commission

a. Utility hearings conducted under authority of KRS Chapters 74,

278, and 279

(e) Education and Labor Cabinet

1. Department of Workers' Claims

a. Workers' compensation hearings conducted under authority of

KRS Chapter 342

2. Kentucky Occupational Safety and Health Review Commission

a. Occupational safety and health hearings conducted under authority

of KRS Chapter 338

3. Unemployment insurance hearings conducted under authority of KRS

Chapter 341

4. Disability determination hearings conducted under authority of 20

C.F.R. pt. 404

(f) Public Protection Cabinet

1. Board of Claims

a. Liability hearings conducted under authority of KRS 49.020(5)

and 49.040 to 49.180

(g) State universities and colleges

1. Student suspension and expulsion hearings conducted under authority of

KRS Chapter 164

2. University presidents and faculty removal hearings conducted under

authority of KRS Chapter 164

3. Campus residency hearings conducted under authority of KRS Chapter

164

4. Family Education Rights to Privacy Act hearings conducted under

authority of 20 U.S.C. sec. 1232 and 34 C.F.R. sec. 99

5. Federal Health Care Quality Improvement Act of 1986 hearings

conducted under authority of 42 U.S.C. sec. 11101 to 11115 and KRS

Chapter 311.

(4) Any administrative hearing, or portion thereof, may be certified as exempt by the

Attorney General based on the following criteria:

(a) The provisions of this chapter conflict with any provision of federal law or

regulation with which the agency must comply, or with any federal law or

regulation with which the agency must comply to permit the agency or

persons within the Commonwealth to receive federal tax benefits or federal

funds or other benefits;

(b) Conformity with the requirement of this chapter from which exemption is

sought would be so unreasonable or so impractical as to deny due process

because of undue delay in the conduct of administrative hearings; or

(c) The hearing procedures represent informal proceedings which are the

preliminary stages or the review stages of a multilevel hearing process, if the

provisions of this chapter or the provisions of a substantially equivalent

hearing procedure exempted under subsection (3) of this section are applied at

some level within the multilevel process.

(5) The Attorney General shall not exempt an agency from any requirement of this

chapter until the agency establishes alternative procedures by administrative

regulation which, insofar as practical, shall be consistent with the intent and

purpose of this chapter. When regulations for alternative procedures are submitted

to the Administrative Regulation Review Subcommittee, they shall be accompanied

by the request for exemption and the approval of exemption from the Attorney

General. The decision of the Attorney General, whether affirmative or negative,

shall be subject to judicial review in the Franklin Circuit Court within thirty (30)

days of the date of issuance. The court shall not overturn a decision of the Attorney

General unless the decision was arbitrary or capricious or contrary to law.

(6) Except to the extent precluded by another provision of law, a person may waive any

procedural right conferred upon that person by this chapter.

(7) The provisions of KRS 13B.030(2)(b) shall not apply to administrative hearings

held under KRS 11A.100 or 18A.095.