Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 1 - Labor Standards; Wages and Hours › Section 803 KAR 1:035 - Hearing procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 337.295, 337.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				13B.170 authorizes an agency to promulgate
				administrative regulations that are necessary to carry out the provisions of
				KRS Chapter 13B, regarding administrative hearings.
				KRS
				337.310 authorizes appeal of orders and
				decisions issued or made by the Commissioner of Workplace Standards, Labor
				Cabinet under KRS
				337.020 to
				337.405.
				KRS
				337.295 authorizes the commissioner to
				promulgate administrative regulations pertaining to these statutes. This
				administrative regulation establishes the procedure to be followed by the
				Commissioner of Workplace Standards in deciding the questions of fact as
				required by the statute and to insure that the parties to proceedings
				concerning alleged violations of the statutes are afforded a fair opportunity
				to present any and all relevant proof on the matter.
Section 1. Procedure.
(1) The Commissioner of Workplace Standards,
			 or his authorized agent, shall investigate any complaint or routinely inspect
			 records relating to an alleged violation of
			 KRS
			 337.020 to
			 337.405.
(2)
(a) The
			 commissioner, or his authorized agent, shall evaluate all proof submitted and
			 render tentative findings of fact if:
1.
a. A settlement cannot be reached between the
			 employer and employee; and
b. An
			 investigation reveals that questions of fact are in issue; or
2. The complaint or routine
			 inspection gives the Commissioner of Workplace Standards, or his authorized
			 agent, good cause to believe that factual issues need to be resolved.
(b) The proof to be evaluated by
			 the commissioner, or his authorized agent, shall include:
1. The findings of the
			 investigator;
2. Sworn
			 affidavits;
3. Contractual
			 agreements;
4. Payroll records;
			 and
5. Other evidence relating to
			 an alleged violation of
			 KRS
			 337.020 to
			 337.405.
(c) The commissioner shall cause the
			 tentative findings of fact to be served upon the parties.
(d)
1.
			 Service shall be accomplished by mailing a copy of the tentative findings of
			 fact to the party's registered agent for service of process via certified
			 mail.
2. If the party does not have
			 a registered agent for service of process, service of the tentative findings
			 shall be accomplished by certified mail to the party's last known physical
			 address or by personal service.
(3)
(a) The
			 party suffering adversely from these tentative findings of facts shall have
			 fifteen (15) days from receipt of service of the findings to submit a petition
			 for a fact-finding hearing to the commissioner.
(b) The petition shall contain:
1. A brief statement of the petitioner's
			 grounds for believing the tentative findings of fact to be in error;
			 and
2. Any affirmative defense to
			 the findings.
(c)
			 Failure to state the grounds or defenses shall be cause for the commissioner,
			 or his authorized agent, to deny the petitioner a hearing.
(d) If commissioner, or his authorized agent,
			 approves the hearing petition, then a hearing date shall be set in order to
			 make final findings of fact concerning the alleged statutory
			 violation.
(e) The parties shall be
			 notified of the hearing date in accordance with
			 KRS
			 13B.050.
(f) If a petition for a fact-finding hearing
			 is not sought or granted, then the tentative findings of fact shall become a
			 final order fifteen (15) days after receipt of service of the tentative
			 order.
(4) The
			 commissioner, or his authorized agent, shall conduct the hearing:
(a) In the Frankfort office of the Labor
			 Cabinet; or
(b) At a site in the
			 Commonwealth mutually agreed upon by all the parties and the commissioner, or
			 his authorized agent.
(5) In accordance with
			 KRS
			 337.310, the hearings shall comply with KRS
			 Chapter 13B.
(6) The commissioner,
			 or his authorized agent, shall follow the provisions of
			 KRS
			 13B.120 in making a decision concerning a
			 final order.