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149.346 Administrative hearings.

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Page 1 of 1 149.346 Administrative hearings. (1) If the cabinet has evidence that a violation of KRS 149.342(1) has occurred, or has deemed a logger or operator to be a bad actor under KRS 149.344(8), the cabinet <br>shall serve written notice of the determination and the provision alleged to have <br>been violated, and the cabinet shall require the person complained against to answer <br>the charges at an administrative hearing to be held not less than twenty-one (21) <br>days after the date of the notice, unless the person complained against waives the <br>twenty-one (21) day period. (2) Any person not previously heard who considers himself aggrieved by any determination of the cabinet under KRS 149.330 to 149.355 may file a petition <br>alleging that the determination is contrary to law or fact and is injurious to him, <br>citing the grounds and reasons therefor, and demanding an administrative hearing. <br>Unless the cabinet considers the petition frivolous, it shall schedule an <br>administrative hearing before the cabinet not less than ninety (90) days after the date <br>of the notice, unless the person complained against waives the ninety (90) day <br>period, except that hearings requested under KRS 149.344(5) and (6) shall be held <br>within five (5) working days of receipt of a petition. The right to demand a hearing <br>under this subsection shall be limited to a period of thirty (30) days after the <br>petitioner has had actual notice of the determination complained of, or could have <br>had notice. The cabinet shall be represented at the administrative hearing by the <br>Office of Legal Services. (3) All hearings under KRS 149.330 to 149.355 shall be conducted under KRS 224.10-440. Appeals may be taken from all final orders under KRS 224.10-470. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 555, sec. 9, effective July 15, 1998.