KRS § 156.820 — KY Code / Title XIII / Chapter 156 / Section 156.820
156.820 Employees with continuing status -- Appeals
Status: in_force

156.820 Employees with continuing status -- Appeals.

(1) All certified and equivalent employees who previously held merit status under KRS

Chapter 18A shall become continuing status employees in the Office of Career and

Technical Education.

(2) Prior to dismissal, an employee with continuing status shall be notified in writing of

the intent to dismiss. The notice shall also state:

(a) The specific reasons for dismissal including:

1. The statutory or regulatory violation;

2. The specific action or activity on which the intent to dismiss is based;

3. The date, time, and place of the action or activity; and

4. The name of the parties involved; and

(b) That the employee has the right to appear personally, or with counsel if

counsel has been retained, to reply to the appointing authority or a designee.

(3) The Office of Career and Technical Education shall prescribe and distribute a form

to be completed and forwarded by an employee who wishes to appear before the

appointing authority or a designee. The form shall be attached to every notice of

intent to dismiss, and shall contain written instructions explaining:

(a) The right granted an employee under the provisions of this section relating to

pretermination hearings; and

(b) The time limits and procedures to be followed by all parties in pretermination

hearings.

(4) No later than five (5) working days after receipt of the notice of intent to dismiss,

excluding the day of receipt of notice, the employee may request to appear,

personally or with counsel if counsel is retained, to reply to the appointing authority

or a designee.

(5) The appearance shall be held six (6) working days after receipt of an employee's

request to appear before the appointing authority or a designee, excluding the day

the employee's request is received, unless the employee and the appointing authority

or a designee agree to a later date.

(6) No later than five (5) working days after the employee appears before the

appointing authority or a designee, excluding the day of the appearance, the

appointing authority or a designee shall:

(a) Determine whether to dismiss the employee or to alter, modify, or rescind the

intent to dismiss; and

(b) Notify the employee in writing of the decision.

(7) If the appointing authority or a designee determines that the employee shall be

dismissed, the employee shall be notified in writing of:

(a) The effective date of dismissal or other penalization;

(b) The specific reason for the action, including:

1. The statutory or regulatory violation;

2. The specific action or activity on which the dismissal is based;

3. The date, time, and place of the action or activities; and

4. The names of the parties involved; and

(c) That the employee may appeal the dismissal to the Kentucky Technical

Education Personnel Board within thirty (30) days after receipt of this

notification, excluding the day the notice is received.

(8) A certified or equivalent employee with continuing status who is demoted or

suspended shall be notified in writing of:

(a) The demotion or suspension;

(b) The effective date of the demotion or suspension;

(c) The specific reason for the action including:

1. The statutory or regulatory violation;

2. The specific action or activity on which the demotion or suspension is

based;

3. The date, time, and place of the action or activity; and

4. The name of the parties involved; and

(d) That the employee has the right to appeal to the Kentucky Technical

Education Personnel Board within thirty (30) days, excluding the day of

receipt of notification.

(9) Any employee or applicant for employment may appeal to the board on the grounds

that the right to inspect or copy records, including preliminary and other supporting

documentation, relating to the employee has been denied, abridged, or impeded.

The board shall conduct a hearing to determine if the records related to the

employee or applicant, and if the right to inspect or copy was denied, abridged, or

impeded. If the board determines that the records related to the employee and that

the right to inspect or copy the records has been denied, abridged, or impeded, the

board shall order that the records be made available for inspection and copying.

(10) Any certified, equivalent, or unclassified employee may appeal an action alleged to

be based on discrimination due to race, color, religion, national origin, sex,

disability, or age to the board. Nothing in this section shall be construed to preclude

any employee from filing with the Kentucky Commission on Human Rights a

complaint alleging discrimination on the basis of race, color, religion, national

origin, sex, disability, or age in accordance with KRS Chapter 344.

(11) (a) Appeals to the Kentucky Technical Education Personnel Board shall be in

writing on an appeal form prescribed by the Office of Career and Technical

Education. Appeal forms shall be available at the employee's place of work.

The Office of Career and Technical Education shall be responsible for the

distribution of the forms.

(b) The appeal form shall be attached to any notice, or copy of the notice, of

dismissal, demotion, suspension, involuntary transfer, or other penalization, or

notice of any other action an employee may appeal under the provisions of this

section.

(c) Upon receipt of the appeal by the board, the appointing authority or a designee

shall be notified, and the board shall schedule a hearing that shall be

conducted in accordance with KRS Chapter 13B.

(12) (a) Except as provided in this section, an appeal shall be decided by the board

only after a hearing. The board shall not deny, reject, or sustain an appeal, or

make any other determination relating to an appeal, except after a hearing is

conducted pursuant to the provisions of this section and KRS Chapter 13B.

(b) The board may deny a hearing to an employee who has failed to file an appeal

over which the board has jurisdiction or within the time prescribed by this

section and to an unclassified employee who has failed to state the cause for

dismissal. The board shall notify the employee of its denial in writing and

shall inform the employee of his or her right to appeal the denial under the

provisions of KRS 156.822.

(c) Any investigation by the board of any matter related to an appeal filed by an

employee shall be conducted only upon notice to the employee, the

employee's counsel, and the appointing authority. All parties to the appeal

shall have access to information produced by the investigations and the

information shall be presented at the hearing. Any party to the hearing shall be

permitted an adequate opportunity to rebut or comment upon the information.

(13) Each appeal shall be decided individually, unless otherwise agreed by the parties

and the board. The board shall not:

(a) Employ class action procedures; or

(b) Conduct test representative cases.

(14) Board members shall abstain from public comment about a pending or impending

proceeding before the board. This shall not prohibit board members from making

public statements in the course of their official duties or from explaining for public

information the procedures of the board.

(15) (a) If the board finds that the action complained of was taken by the appointing

authority or designee in violation of laws prohibiting favor for, or

discrimination against, or bias with respect to political or religious opinions or

affiliations or ethnic origin, or in violation of laws prohibiting discrimination

because of the individual's sex, age, or disability, the appointing authority or

designee shall immediately reinstate the employee to his or her former

position or a position of like status and pay, without loss of pay for the period

of penalization, or otherwise make the employee whole;

(b) If the board finds that the action complained of was taken without just cause,

the board shall order the immediate reinstatement of the employee to his or

her former position or a position of like status and pay, without loss of pay for

the period of penalization, or otherwise make the employee whole;

(c) If the board finds that the action taken by the appointing authority was

excessive or erroneous in view of all the surrounding circumstances, the board

shall alter, modify, or rescind the disciplinary action; and

(d) In all other cases, the board shall rescind the action taken or grant other relief

to which the employee is entitled.

(16) If a final order of the board is appealed, a court shall award reasonable attorney's

fees to an employee who prevails by a final adjudication on the merits as provided

by KRS 453.260. The award shall not include attorney's fees attributable to the

hearing before the board.