Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 1 - Peace Officer Death Benefits › Section 500 KAR 1:030 - Request for hearing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation
				provides the procedures applicable to a claimant who desires to request a hearing
				concerning claimant's eligibility for benefits paid on death of a police officer who
				has died in the line of duty pursuant to
				KRS
				61.315(4).
Section 1. Administrative Review.
(1) A claimant may, within thirty (30) days after
			 notification of ineligibility by the office of the secretary, request hearing before
			 the secretary to review the claimant's request for death benefits. A request for a
			 hearing shall be filed in writing with the office of the secretary within thirty
			 (30) days of the date of the notice of ineligibility and shall set forth the
			 exceptions taken to the initial determination of ineligibility.
(2) The hearing shall be held within sixty (60)
			 days of receipt of the request for a hearing and shall be conducted by the secretary
			 or the secretary's designated hearing officer. If a hearing officer conducts the
			 hearing, the hearing officer shall submit findings of fact, conclusions of law and a
			 recommended decision to the secretary. The hearing shall be held at a time and place
			 designated by the secretary or the designated hearing officer with written notice
			 being sent to the claimant and the cabinet's representative, if any.
(3) The hearing shall provide the claimant and the
			 cabinet's representative, if any, with an opportunity to be heard publicly, to be
			 represented by counsel, to put on proof by sworn witnesses, certified records,
			 affidavits, exhibits or other evidence as the hearing officer or secretary may
			 determine to be required or useful in evaluating the claim. The claimant shall have
			 the opportunity to cross-examine or rebut adverse testimony or evidence. The hearing
			 shall be recorded and the original of the complete transcript shall be made a part
			 of the claims record at claimant's cost, if requested by the claimant to be
			 transcribed.
(4) Failure of the claimant
			 or claimant's representative to appear at the hearing shall be deemed an abandonment
			 of the claimant's request for a review of the decision adverse to the claimant's
			 request for benefits unless within ten (10) days of the hearing good cause is shown
			 to the secretary or the hearing officer for failure to appear by means of affidavit
			 filed with the secretary.
(5) The
			 secretary or hearing officer designated may, whenever necessary, administer oaths,
			 examine witnesses or continue the hearing to facilitate the receipt of
			 evidence.
(6) The claimant shall bear
			 the burden of proof by substantial, reliable and probative evidence.
(7) No payment of any portion of a death benefit
			 shall be made until all determinations, hearings and reviews which may affect that
			 payment have been completed.
(8) In
			 conducting the hearing, the secretary or hearing officer shall not be bound by
			 common law or statutory rules of evidence or by technical or formal rules of
			 procedures, but must conduct the hearing in such a manner as to best ascertain the
			 rights of the claimant. The secretary or hearing officer may additionally schedule a
			 prehearing conference upon its own motion or motion of the party to consider such
			 matters that will aid in the simplification of the hearing or avoidance of costly or
			 unnecessary proof or manner for presenting proof.
(9) Within sixty (60) days following the hearing,
			 the secretary shall issue a written opinion, containing findings of facts and
			 conclusions of law to support the decision. A copy of the decision shall be provided
			 to all parties at their last known address. The decision of the secretary shall be
			 the final decision of the cabinet.
(10)
			 Upon a favorable decision to claimant, which has become final, payment shall be made
			 to the claimant as soon thereafter as practicable, with the Justice Cabinet
			 presenting the claim to the State Treasurer within five (5) working days.