77.310 Proceedings for alleged violations of chapter or regulations and for petitions for a hearing on board orders or determinations -- Hearing officers.
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77.310 Proceedings for alleged violations of chapter or regulations and for petitions
for a hearing on board orders or determinations -- Hearing officers.
(1) If there is reason to believe that a violation of this chapter or of a regulation
promulgated under this chapter has occurred within an air pollution control district, <br>the district shall issue and mail to or serve upon the person complained against a <br>written notice of the provision of this chapter or the regulation allegedly violated. <br>The district may schedule a settlement conference before the air pollution control <br>officer or a designee at which the person complained against may appear to answer <br>the charges set out in the notice. The conference shall be scheduled at a time not <br>less than thirty (30) days after the date of notice unless the person complained <br>against waives in writing the thirty (30) day period. Alleged violations that remain <br>unresolved may be scheduled for a hearing under subsection (3) of this section at a <br>time not less than thirty (30) days after a determination that the violation is <br>unresolved unless the person complained against waives in writing the thirty (30) <br>day period. The scheduling of a settlement conference or hearing shall not prevent <br>the negotiation of a settlement of a violation prior to the conference or hearing. At <br>any time, the air pollution control board may determine that a violation shall be <br>resolved as a civil or criminal action in an appropriate court or referred for action to <br>either the United States Environmental Protection Agency or the Energy and <br>Environment Cabinet instead of being resolved as a district action.
(2) When permittees or persons not previously heard in connection with the issuance of
an order or the making of a determination including, but not limited to, the issuance, <br>denial, modification, or revocation of a permit, consider themselves aggrieved, they <br>may file with the district a petition for a hearing. The petition shall allege that the <br>order or determination is contrary to law or fact and is injurious to the petitioner, <br>stating the grounds and reasons, and demanding a hearing. Unless the board <br>considers the petition frivolous, the air pollution control officer shall serve written <br>notice of the petition on each person named therein and shall schedule a hearing not <br>less than sixty (60) days after the date of the petition unless the person complained <br>against waives in writing the sixty (60) day period. The right to demand a hearing <br>under this section shall be limited to a period of thirty (30) days after the petitioner <br>has had actual notice, or could reasonably have had notice, of the order or <br>determination complained of. Prior to the hearing, the air pollution control officer <br>may require the parties to meet for settlement purposes.
(3) Hearings of unresolved violations or petitions for a hearing on orders or
determinations shall be held before a qualified hearing officer who, in the discretion <br>of the district, may serve by contract, be paid on a per diem basis, or be a full-time <br>employee of the county not assigned to the district. The district shall provide written <br>notice of the hearing to the person alleged to be in violation or to the petitioner. <br>After the conclusion of the hearing, the hearing officer shall, within thirty (30) days, <br>make a report and recommended order, which shall contain findings of fact and <br>conclusions of law, to the secretary-treasurer. If the secretary-treasurer finds upon <br>written request of the hearing officer that additional time is needed, the secretary-<br>treasurer may grant an extension. The hearing officer shall serve a copy of the report
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and recommended order upon all parties of record to the proceedings, and the <br>parties shall be granted the right to file exceptions within fourteen (14) days of <br>receipt. The secretary-treasurer shall schedule a time for the air pollution control <br>board to consider the report, exceptions, and recommended order and to decide the <br>case. The decision shall be served by mail upon all parties and shall be a final order <br>of the board. No order of the board on a Title V permit shall become final for appeal <br>purposes until it is approved by the United States Environmental Protection Agency <br>under the Federal Clean Air Act of 1963 as amended by the Clean Air Act <br>Amendments of 1990.
(4) The hearing officer shall preside at the hearing, shall keep order, and shall conduct
the hearing in accordance with reasonable administrative practices. A party to a <br>hearing under this section may be represented by counsel, make oral or written <br>argument, offer testimony, cross-examine witnesses, or take any combination of <br>these actions. The record of the hearing shall be open to public inspection, and <br>copies thereof shall be made available to a person upon payment of the actual cost <br>of reproducing the original, except as otherwise provided in district regulations.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 73, effective July 15, 2010. -- Created
1994 Ky. Acts ch. 420, sec. 9, effective July 15, 1994.
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