KRS § 13B.080 — KY Code / Title III / Chapter 13B / Section 13B.080
13B.080 Conduct of hearing
Status: in_force

13B.080 Conduct of hearing.

(1) A hearing officer shall preside over the conduct of an administrative hearing and

shall regulate the course of the proceedings in a manner which will promote the

orderly and prompt conduct of the hearing. When a prehearing order has been

issued, the hearing officer shall regulate the hearing in conformity with the

prehearing order.

(2) The hearing officer, at appropriate stages of the proceedings, shall give all parties

full opportunity to file pleadings, motions, objections, and offers of settlement. The

hearing officer, at appropriate stages of the proceedings, may give all parties full

opportunity to file briefs, proposed findings of fact and conclusions of law, and

proposed recommended or final orders. The original of all filings shall be mailed to

the agency, and copies of any filed item shall be served on all parties and the

hearing officer by mail or any other means permitted by law or prescribed by agency

administrative regulation. The agency shall when it is received stamp the time and

date upon a document.

(3) The hearing officer may issue subpoenas and discovery orders when requested by a

party or on his own volition. When a subpoena is disobeyed, any party may apply to

the Circuit Court of the judicial circuit in which the administrative hearing is held

for an order requiring obedience. Failure to comply with an order of the court shall

be cause for punishment as a contempt of the court.

(4) To the extent necessary for the full disclosure of all relevant facts and issues, the

hearing officer shall afford all parties the opportunity to respond, present evidence

and argument, conduct cross-examination, and submit rebuttal evidence, except as

restricted by limited grant of intervention or a prehearing order.

(5) Any party to an administrative hearing may participate in person or be represented

by counsel. In informal proceedings, a party may be represented by other

professionals if appropriate and if permitted by the agency by administrative

regulation.

(6) If a party properly served under KRS 13B.050 fails to attend or participate in a

prehearing conference, hearing, or other stage of the administrative hearing process,

or fails to comply with the orders of a hearing officer, the hearing officer may

adjourn the proceedings and issue a default order granting or denying relief as

appropriate, or may conduct the proceedings without the participation of the

defaulting party, having due regard for the interests of justice and the orderly and

prompt conduct of the proceedings. A default order shall be considered a

recommended order and shall be processed as provided in KRS 13B.110.

(7) A hearing officer may conduct all or part of an administrative hearing, or a

prehearing conference, by telephone, television, or other electronic means, if each

party to the hearing has an opportunity to hear, and, if technically feasible, to see the

entire proceeding as it occurs, and if each party agrees.

(8) An administrative hearing shall be open to the public unless specifically closed

pursuant to a provision of law. If an administrative hearing is conducted by

telephone, television, or other electronic means, and is not closed, public access

shall be satisfied by giving the public an opportunity, at reasonable times, to hear or

inspect the agency's record.