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151.184 Hearing conducted by hearing officer -- Final determination by secretary -- Use of counsel -- Subpoena power -- Hearings to be public.

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151.184 Hearing conducted by hearing officer -- Final determination by secretary -- Use of counsel -- Subpoena power -- Hearings to be public. (1) All hearings under this chapter shall be held before a qualified hearing officer, who may be a full-time employee of the cabinet, serve by contract, or be paid on a per <br>diem basis at the discretion of the cabinet. After the conclusion of the hearing, the <br>hearing officer shall within thirty (30) days make a report to the secretary and a <br>recommended order which shall contain a finding of fact and a conclusion of law. <br>If the secretary finds upon written request of the hearing officer that additional time <br>is needed, then the secretary may grant an extension. The hearing officer shall serve <br>a copy of his report and recommended order upon all parties of record to the <br>proceeding and they shall be granted the right to file within fourteen (14) days of <br>receipt exceptions thereto. The secretary shall consider the report, exceptions, and <br>recommended order and decide the case. The decision shall be served by mail upon <br>all parties and shall be a final order of the cabinet. (2) Any party to a hearing conducted pursuant to this chapter may be represented by counsel, make oral or written argument, offer testimony, cross-examine witnesses, <br>or take any combination of such actions. The record of the hearing shall be open to <br>public inspection, and copies thereof shall be made available to any person upon <br>payment of the actual cost of reproducing the original. (3) In connection with a hearing the cabinet shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and <br>testimony of witnesses and the production of evidence relevant to any matter <br>involved in the hearing. In case of refusal to obey a subpoena issued to any person, <br>the Franklin Circuit Court, upon application by the cabinet, may issue to that person <br>an order requiring him to appear before the cabinet, there to produce documentary <br>evidence if so ordered or to give evidence touching the matter under investigation or <br>in question; and any failure to obey the order of the court may be punished by the <br>court as a contempt of court. (4) All hearings conducted pursuant to this chapter shall be open to the public. Effective: July 14, 1992 <br>History: Amended 1992 Ky. Acts ch. 215, sec. 4, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 253, sec. 2, effective July 15, 1980.