Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Administration › Section 400 KAR 1:001 - Definitions for 400 KAR Chapter 1

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.200 - 146.360, 146.450, 146.530, 146.990,
				149.344, 149.346, 149.348, 151.125, 151.182, 151.184, 151.297, 151.990,
				Chapters 223, 224, 350.028, 350.0301, 350.0305, 350.032, 350.070, 350.085,
				350.090, 350.093, 350.130, 350.255, 350.465, 350.610, 350.990, 351.315,
				351.345, 351.350, 353.060, 353.200, 353.590, 353.5901, 353.620, 353.630,
				353.640, 353.700,  30 C.F.R. Parts 724, 730, 731, 732, 733, 735, 917, 30 U.S.C. 1253, 1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 146, 149,
				151, 223, 224, 350, 351, and 353 authorize the cabinet to conduct
				administrative hearings and authorize the cabinet to promulgate administrative
				regulations to regulate the administrative hearing process. This administrative
				regulation establishes definitions for certain essential terms used in 400 KAR
				Chapter 1.
Section 1. Definitions.
(1) "Administrative hearing" means a formal
			 adjudicatory hearing conducted before the cabinet pursuant to KRS Chapters 146,
			 149, 151, 223, 224, 350, 351.315 to 351.375, or 353, except for those conducted
			 by the Kentucky Oil and Gas Conservation Commission pursuant to KRS 353.500 to
			 353.720.
(2) "Cabinet" is defined
			 by KRS 149.330(2), 151.100(2), 223.400(3), 224.1-010(9), 350.010(10), and
			 353.510(43).
(3) "Chief hearing
			 officer" means the individual duly qualified and designated by the secretary as
			 the chief hearing officer of the office.
(4) "Day" means calendar day unless otherwise
			 specified to be a working day.
(5)
			 "Final order" means final order of the secretary.
(6) "Hearing officer" means the individual
			 duly qualified and assigned as presiding officer to conduct an administrative
			 hearing and includes the chief hearing officer.
(7) "Individual" means a natural
			 person.
(8) "Initiating document"
			 means a petition for administrative hearing, an administrative complaint, a
			 show cause order or other document that commences an administrative
			 proceeding.
(9) "Interim report"
			 means statements made by a hearing officer in written form that are not
			 intended to be considered by the secretary and that are not subject to judicial
			 review.
(10) "Office" means the
			 office of administrative hearings.
(11) "Party" means:
(a) The named person whose legal rights,
			 duties, privileges, or immunities are being adjudicated in the administrative
			 hearing;
(b) Any other person who
			 is duly granted intervention in the administrative hearing; and
(c) Any agency named as a party to the
			 adjudicatory proceeding or entitled or permitted by law to participate fully in
			 the administrative hearing.
(12) "Person" is defined by KRS 149.330(7),
			 151.100(15), 223.400(5), 224.1-010(17), 350.010(9), and 353.510(5).
(13) "Petitioner" means the party filing an
			 initiating document in an action before the office.
(14) "Pleading" means an initiating document,
			 answer, motion, response, supporting memorandum, brief, notice, and any other
			 document authorized to be filed by a hearing officer or by administrative
			 regulation.
(15) "Record" means:
(a) The electronic recording or transcript of
			 a proceeding;
(b) Each hearing
			 officer ruling;
(c) Any
			 pleading;
(d) Documentary and
			 physical evidence received or considered;
(e) A statement of any matter officially
			 noticed;
(f) Each question and
			 offer of proof;
(g) Each objection;
(h) Any legal brief;
(i) A proposed finding and recommended order;
(j) Any exception and response;
			 and
(k) Final
			 order.
(16) "Respondent"
			 means any person against whom a claim is made in any action filed in the office
			 and includes any person so designated in the caption of an initiating
			 document.
(17) "Responsive
			 pleading" means the answer or any document required or authorized by
			 administrative regulation or a hearing officer to be filed in response to a
			 pleading.
(18) "Secretary" is
			 defined by KRS 146.210(7), 151.100(16), 223.400(6), 224.1-010(24), and
			 350.010(11).