KRS § 13B.030 — KY Code / Title III / Chapter 13B / Section 13B.030
13B.030 Powers of agency head -- Hearing officers
Status: in_force

13B.030 Powers of agency head -- Hearing officers.

(1) An agency head may exercise all powers conferred on an agency relating to the

conduct of administrative hearings, and he may delegate conferred powers to a

hearing officer or a member of a collegial body that serves as an agency head, or he

may delegate conferred powers to a hearing officer to conduct an administrative

hearing before a hearing panel, reserving the authority to render a recommended

order to that panel. An agency head may not, however, delegate the power to issue a

final order unless specifically authorized by statute, or unless disqualified in

accordance with KRS 13B.040(2).

(2) (a) In securing hearing officers as necessary to conduct administrative hearings

under the jurisdiction of the agency, an agency may:

1. Employ hearing officers;

2. Contract with another agency for hearing officers; or

3. Contract with private attorneys through personal service contract.

(b) An agency may secure hearing officers pursuant to subsection (2)(a)3. of this

section only if the Attorney General has first determined that the Attorney

General's Office cannot provide the needed hearing officers to the agency. If

the Attorney General determines that the Attorney General's Office can

provide the needed hearing officers to the agency, the agency shall use the

hearing officers provided by the Attorney General's Office. The expenses

incurred by the Attorney General's Office in providing the hearing officers to

the agency shall be paid to the Attorney General's Office by the agency in the

following manner:

1. The amount to be paid by the agency to the Attorney General's Office

shall be established by vouchers submitted by the Attorney General's

Office to the agency which shall be promptly paid by the agency, at the

beginning of, at the end of, or at any time during the provision of the

hearing officers by the Attorney General's Office.

2. The expenses to be paid to the Attorney General's Office shall be

calculated according to the amount of time spent by the salaried hearing

officers of the Attorney General's Office in providing the services. The

charge for time spent shall not exceed twenty-five percent (25%) more

than the amount allowed for a sole practitioner under personal service

contract. The Attorney General may require payment in advance of the

provision of the requested services based on his calculation of the

amount of time that will be spent by the salaried hearing officers of the

Attorney General's Office in providing the services. The agency shall be

reimbursed for any overpayment at the conclusion of the provision of

services by the Attorney General's Office.

(3) A hearing officer shall possess and meet qualifications as the Personnel Cabinet and

the employing agency, with the advice of the office, may find necessary to assure

competency in the conduct of an administrative hearing. The qualifications in this

subsection shall not, however, apply to a member of a board, commission, or other

collegial body who may serve as a hearing officer in his capacity as a member of

the collegial body.

(4) All hearing officers, including members of collegial bodies who serve as hearing

officers, shall receive training necessary to prepare them to conduct a competent

administrative hearing. The training shall pertain to the conduct of administrative

hearings generally and to the applications of the provisions of this chapter,

specifically. The office shall establish by administrative regulation minimum

standards concerning the length of training, course content, and instructor

qualifications. Required training shall not exceed eighteen (18) classroom hours for

initial training and six (6) classroom hours per year for continuing training. Actual

training may be conducted by an agency or any other organization, if the training

program offered has been approved by the office as meeting minimum standards.