KRS § 198B.070 — KY Code / Title XVII / Chapter 198B / Section 198B.070
198B.070 Appeals
Status: in_force

198B.070 Appeals.

(1) The mayor or county judge/executive of a local government which is enforcing

the Uniform State Building Code may, upon the approval of the local legislative

body, appoint a local appeals board, consisting of five (5) technically qualified

persons with professional experience related to the building industry, to hear

appeals from the decisions of the local building official. At least three (3)

members of the appeals board shall not be employed by the local government

hearing the appeal.

(2) Local governments that are enforcing the Uniform State Building Code may

cooperate with each other to provide a local appeals board and shall adhere to

the provisions of KRS Chapter 65 when entering these cooperative

agreements. A local building official or employee of a local inspection

department shall not sit on a local appeals board if the board is hearing an

appeal to a decision rendered by his or her department. A member of a local

appeals board shall not hear an appeal in a case in which he or she has a

private interest.

(3) Any party to a decision by the local building official may appeal that decision to

the local appeals board. Upon receipt of an appeal from a qualified party, the

local appeals board shall convene a hearing to consider the appeal within

fifteen (15) days of receipt. All parties to the appeal shall be notified of the time

and place of the hearing by letter mailed by certified mail no later than ten (10)

days prior to the date of the hearing. The local appeals board shall render a

decision within five (5) working days after the hearing.

(4) A local appeals board may uphold, amend, or reverse the decision of a local

building official, and there shall be no appeal from the decision of a local

appeals board other than by appeal to the department. Appeals to the

department shall include citation of those provisions of the Uniform State

Building Code which are at issue, and an explanation of why the decision of the

local appeals board or the local building official relative to those provisions is

being contested.

(5) The department shall serve to hear appeals from the decisions of local appeals

boards, when these boards exist, or to hear appeals directly from the decisions

of local building officials in cases where no local appeals board has jurisdiction.

In no case shall the department hear an appeal directly from a party aggrieved

by the decision of a local building official when there is a local appeals board

with jurisdiction in the case.

(6) The department shall hear appeals directly from a party aggrieved by the

decision of an agent of the department. These appeals shall include citations of

those provisions of the Uniform State Building Code which are at issue, and an

explanation of why the decision of the agent of the department relative to those

provisions is being contested.

(7) Appeals to the department shall be addressed to the commissioner, who shall

immediately notify the department when an appeal is received. The

commissioner or a designated employee of his or her department shall then

investigate the evidence pertaining to the appeal and, based upon the results

of the investigation, make recommendations to the department on the

disposition of the case in question. No employee of the department shall

investigate or make recommendations on an appeal to his or her own decision,

but shall defer in such cases to employees who were not party to the decision

which led to the appeal. In conducting an investigation, the commissioner or his

or her designated representatives, acting for the department, shall have the

authority to administer oaths and affirmations, issue subpoenas authorized by

law, rule upon offers of proof and receive relevant evidence, take or cause

depositions to be taken, regulate the course of any informal or fact-finding

hearings they may schedule, and hold conferences for the settlement or

simplification of the issues by consent of the parties. The commissioner shall

complete his or her investigations within thirty (30) days after receiving an

appeal.

(8) If the matter is not settled by agreement of the parties through the procedure

established in subsection (7) of this section, the commissioner shall schedule

an administrative hearing that shall be conducted in accordance with KRS

Chapter 13B.

(9) The commissioner may appoint five (5) or more members of the department to

conduct the hearing, and those appointed shall act in all matters concerning

the appeal for the entire department.

(10) The department may uphold, amend, or reverse the decision of a local appeals

board, a local building official, or an agent of the department by final order. An

appeal of the department's final order shall be to the Circuit Court within whose

jurisdiction the property in question is located in accordance with KRS Chapter

13B.