Find Legal Information

61.846 Enforcement by administrative procedure -- Appeal.

Download pdf

61.846 Enforcement by administrative procedure -- Appeal. (1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under <br>subsection (2) of this section. The person shall submit a written complaint to the <br>presiding officer of the public agency suspected of the violation of KRS 61.805 to <br>61.850. The complaint shall state the circumstances which constitute an alleged <br>violation of KRS 61.805 to 61.850 and shall state what the public agency should do <br>to remedy the alleged violation. The public agency shall determine within three (3) <br>days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the <br>complaint whether to remedy the alleged violation pursuant to the complaint and <br>shall notify in writing the person making the complaint, within the three (3) day <br>period, of its decision. If the public agency makes efforts to remedy the alleged <br>violation pursuant to the complaint, efforts to remedy the alleged violation shall not <br>be admissible as evidence of wrongdoing in an administrative or judicial <br>proceeding. An agency's response denying, in whole or in part, the complaint's <br>requirements for remedying the alleged violation shall include a statement of the <br>specific statute or statutes supporting the public agency's denial and a brief <br>explanation of how the statute or statutes apply. The response shall be issued by the <br>presiding officer, or under his authority, and shall constitute final agency action. (2) If a complaining party wishes the Attorney General to review a public agency's denial, the complaining party shall forward to the Attorney General a copy of the <br>written complaint and a copy of the written denial within sixty (60) days from <br>receipt by that party of the written denial. If the public agency refuses to provide a <br>written denial, a complaining party shall provide a copy of the written complaint <br>within sixty (60) days from the date the written complaint was submitted to the <br>presiding officer of the public agency. The Attorney General shall review the <br>complaint and denial and issue within ten (10) days, excepting Saturdays, Sundays, <br>and legal holidays, a written decision which states whether the agency violated the <br>provisions of KRS 61.805 to 61.850. In arriving at the decision, the Attorney <br>General may request additional documentation from the agency. On the day that the <br>Attorney General renders his decision, he shall mail a copy to the agency and a copy <br>to the person who filed the complaint. (3) (a) If a public agency agrees to remedy an alleged violation pursuant to subsection (1) of this section, and the person who submitted the written complaint <br>pursuant to subsection (1) of this section believes that the agency's efforts in <br>this regard are inadequate, the person may complain to the Attorney General. (b) The person shall provide to the Attorney General: 1. The complaint submitted to the public agency; 2. The public agency's response; and 3. A written statement of how the public agency has failed to remedy the <br>alleged violation. (c) The adjudicatory process set forth in subsection (2) of this section shall govern as if the public agency had denied the original complaint. (4) (a) A party shall have thirty (30) days from the day that the Attorney General renders his decision to appeal the decision. An appeal within the thirty (30) <br>day time limit shall be treated as if it were an action brought under KRS <br>61.848. (b) If an appeal is not filed within the thirty (30) day time limit, the Attorney General's decision, as to whether the agency violated the provisions of KRS <br>61.805 to 61.850, shall have the force and effect of law and shall be <br>enforceable in the Circuit Court of the county where the public agency has its <br>principal place of business or where the alleged violation occurred. (5) A public agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding enforcement of KRS 61.805 to 61.850. Effective: July 14, 1992 <br>History: Created 1992 Ky. Acts ch. 162, sec. 7, effective July 14, 1992.