KRS § 61.846 — KY Code / Title VIII / Chapter 61 / Section 61.846
61.846 Enforcement by administrative procedure -- Appeal
Status: in_force

61.846 Enforcement by administrative procedure -- Appeal.

(1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin

enforcement under this subsection before proceeding to enforcement under

subsection (2) of this section. The person shall submit a written complaint to the

presiding officer of the public agency suspected of the violation of KRS 61.805 to

61.850. The complaint shall state the circumstances which constitute an alleged

violation of KRS 61.805 to 61.850 and shall state what the public agency should do

to remedy the alleged violation. The public agency shall determine within three (3)

days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the

complaint whether to remedy the alleged violation pursuant to the complaint and

shall notify in writing the person making the complaint, within the three (3) day

period, of its decision. If the public agency makes efforts to remedy the alleged

violation pursuant to the complaint, efforts to remedy the alleged violation shall not

be admissible as evidence of wrongdoing in an administrative or judicial

proceeding. An agency's response denying, in whole or in part, the complaint's

requirements for remedying the alleged violation shall include a statement of the

specific statute or statutes supporting the public agency's denial and a brief

explanation of how the statute or statutes apply. The response shall be issued by the

presiding officer, or under his authority, and shall constitute final agency action.

(2) If a complaining party wishes the Attorney General to review a public agency's

denial, the complaining party shall forward to the Attorney General a copy of the

written complaint and a copy of the written denial within sixty (60) days from

receipt by that party of the written denial. If the public agency refuses to provide a

written denial, a complaining party shall provide a copy of the written complaint

within sixty (60) days from the date the written complaint was submitted to the

presiding officer of the public agency. The Attorney General shall review the

complaint and denial and issue within ten (10) days, excepting Saturdays, Sundays,

and legal holidays, a written decision which states whether the agency violated the

provisions of KRS 61.805 to 61.850. In arriving at the decision, the Attorney

General may request additional documentation from the agency. On the day that the

Attorney General renders his decision, he shall mail a copy to the agency and a copy

to the person who filed the complaint.

(3) (a) If a public agency agrees to remedy an alleged violation pursuant to subsection

(1) of this section, and the person who submitted the written complaint

pursuant to subsection (1) of this section believes that the agency's efforts in

this regard are inadequate, the person may complain to the Attorney General.

(b) The person shall provide to the Attorney General:

1. The complaint submitted to the public agency;

2. The public agency's response; and

3. A written statement of how the public agency has failed to remedy the

alleged violation.

(c) The adjudicatory process set forth in subsection (2) of this section shall

govern as if the public agency had denied the original complaint.

(4) (a) A party shall have thirty (30) days from the day that the Attorney General

renders his decision to appeal the decision. An appeal within the thirty (30)

day time limit shall be treated as if it were an action brought under KRS

61.848.

(b) If an appeal is not filed within the thirty (30) day time limit, the Attorney

General's decision, as to whether the agency violated the provisions of KRS

61.805 to 61.850, shall have the force and effect of law and shall be

enforceable in the Circuit Court of the county where the public agency has its

principal place of business or where the alleged violation occurred.

(5) A public agency shall notify the Attorney General of any actions filed against that

agency in Circuit Court regarding enforcement of KRS 61.805 to 61.850.