Administrative Hearing Request Packet - Kentucky

ADMINISTRATIVE HEARING REQUEST PACKET — KENTUCKY

Comprehensive Hearing Request, Cover Letter, and Practice Guide

Pursuant to KRS Chapter 13B (Kentucky Administrative Hearings)

TABLE OF CONTENTS

1. Filing Overview and Preliminary Information
2. Hearing Request Cover Letter
3. Formal Request for Administrative Hearing
4. Statement of Issues / Grounds for Hearing
5. Agency Identification and the Division of Administrative Hearings
6. Filing Instructions
7. Deadlines and Timeline
8. Discovery and Evidence Rules in Administrative Proceedings
9. Pre-Hearing Conference Procedures
10. Hearing Procedures and Rules of Evidence
11. Post-Hearing Briefs and Procedures
12. Appeal Rights from Administrative Decision
13. Stay of Agency Action
14. Document Checklist
15. Practice Tips for Kentucky Administrative Hearings
16. Sources and References

1. FILING OVERVIEW AND PRELIMINARY INFORMATION

Petitioner / Requester Information:

Agency Action Being Challenged:

Hearing Request Summary:

2. HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[Agency Hearing Office / Division]
[________________________________]
[Street Address]
[________________________________]
[City, Kentucky ZIP]

RE: Request for Administrative Hearing
Petitioner: [________________________________]
Agency Case/Reference No.: [________________________________]
Agency Action Dated: [__/__/____]

Dear [Agency Head / Hearing Officer / General Counsel]:

Pursuant to KRS Chapter 13B, and specifically KRS 13B.050, the undersigned hereby requests a formal administrative hearing to contest the [type of agency action — e.g., denial, revocation, suspension, penalty assessment, order, determination] issued by [Agency Name] on [__/__/____].

Nature of the Dispute:
The Petitioner challenges the agency's [decision/action/order] on the following grounds: [________________________________]

Timeliness of Request:
Notice of the adverse agency action was received on [__/__/____]. This request is filed within the [____]-day deadline established by [cite specific statute or agency regulation governing the deadline — e.g., the agency's enabling statute or the notice of action itself].

Hearing Officer Designation:
The Petitioner requests that the agency designate a hearing officer from the Division of Administrative Hearings in the Office of the Attorney General, as required by KRS 13B.030(2), within ten (10) days of the filing of this petition.

Stay Request:
[If applicable] The Petitioner respectfully requests a stay of enforcement of the agency action pending the outcome of this hearing. Grounds for the stay are set forth in the accompanying Stay Request (Section 13 of this Packet).

Accommodations:
[If applicable] The Petitioner requests reasonable accommodations under the Americans with Disabilities Act, specifically: [________________________________].

Enclosed with this letter please find: (1) the Formal Request for Administrative Hearing; (2) Statement of Issues; (3) copies of the challenged agency action/notice; (4) supporting documentation; and (5) proof of service.

Respectfully submitted,

________________________________________
[Full Name / Attorney Name]
[Title / KBA No.]
[Address]
[Telephone]
[Email]

3. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________]

COMMONWEALTH OF KENTUCKY

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent Agency

Agency Case/Reference No.: [________________________________]

PETITION FOR ADMINISTRATIVE HEARING

NOW COMES Petitioner [________________________________], by and through [self / undersigned counsel], and pursuant to KRS Chapter 13B, and [cite specific agency enabling statute], hereby requests a formal administrative hearing and states as follows:

I. PARTIES

1. Petitioner is [an individual / a business entity / an organization] located at [________________________________], Kentucky, with a direct interest in the agency action at issue.

2. Respondent is [________________________________], an administrative agency of the Commonwealth of Kentucky, located at [________________________________].

II. JURISDICTION AND AUTHORITY

3. KRS Chapter 13B establishes uniform procedures for the conduct of administrative hearings by state agencies. This proceeding falls within the scope of KRS 13B.020 and is not subject to any exemption under that section.

4. The agency has jurisdiction over this matter pursuant to [________________________________] [cite agency enabling statute].

5. Pursuant to KRS 13B.030(2), the agency shall request designation of a hearing officer from the Division of Administrative Hearings in the Office of the Attorney General within ten (10) days of the filing of this petition.

6. This request is timely filed within [____] days of receipt of the agency's decision, as required by [________________________________].

III. FACTUAL BACKGROUND

7. On or about [__/__/____], the agency issued [describe action — notice of proposed action, license denial, order, determination, finding, etc.].

8. [________________________________]
   [Provide additional relevant facts, numbered sequentially]

9. [________________________________]

10. [________________________________]

11. [________________________________]

IV. STATEMENT OF ISSUES

12. The following issues are presented for hearing:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

V. LEGAL BASIS FOR CHALLENGE

13. The agency action is [erroneous as a matter of law / arbitrary or capricious / unsupported by substantial evidence / in violation of constitutional provisions / in excess of the agency's statutory authority / made upon unlawful procedure] for the following reasons:

a. [________________________________]

b. [________________________________]

c. [________________________________]

VI. RELIEF REQUESTED

14. WHEREFORE, Petitioner respectfully requests that the Hearing Officer:

a. Schedule and conduct a full evidentiary hearing on the merits pursuant to KRS 13B.080;

b. Issue a recommended order pursuant to KRS 13B.110 reversing, vacating, or modifying the agency action dated [__/__/____];

c. [________________________________] [specify other relief sought];

d. Grant such other and further relief as may be just and proper.

VII. CERTIFICATION

I hereby certify that the statements made herein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

________________________________________
[Petitioner / Attorney for Petitioner]
[Printed Name]
[KBA No.]
[Address]
[Telephone]
[Email]

4. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Detailed Statement of Contested Issues

Issue No. 1:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 2:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 3:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Additional Issues: [Attach additional sheets as necessary]

5. AGENCY IDENTIFICATION AND THE DIVISION OF ADMINISTRATIVE HEARINGS

Kentucky's Centralized Hearing System

Overview:
Kentucky operates a centralized administrative hearing system under KRS Chapter 13B and KRS 15.111. The Division of Administrative Hearings, housed within the Office of the Attorney General, provides hearing officers to preside over administrative hearings for state agencies. This centralized system ensures that hearing officers are independent from the agencies whose actions are being contested.

Division of Administrative Hearings — Office of the Attorney General:

Hearing Officer Designation Process (KRS 13B.030):

1. When a hearing is requested, the agency must request designation of a hearing officer from the Division of Administrative Hearings within ten (10) days of the filing of the petition
2. The Division assigns a qualified hearing officer
3. The hearing officer must meet the qualifications set forth in KRS 13B.030(4)
4. The hearing officer is independent from the agency

Common Kentucky Agencies Subject to KRS Chapter 13B:

Exemptions from KRS Chapter 13B (KRS 13B.020):

Certain agencies and proceedings are exempt from KRS Chapter 13B, including:
☐ Workers' compensation proceedings (governed by KRS Chapter 342)
☐ Unemployment insurance proceedings (governed by KRS Chapter 341)
☐ Public Service Commission proceedings (governed by KRS Chapter 278)
☐ Horse Racing Commission proceedings
☐ University disciplinary proceedings
☐ Other exemptions as specified in KRS 13B.020

CRITICAL: Verify that KRS Chapter 13B applies to your specific agency and proceeding before relying on this template. If the proceeding is exempt, the agency's own procedural regulations will govern.

Forum Determination Checklist:

☐ Identify the agency that issued the adverse action
☐ Verify that KRS Chapter 13B applies (check exemptions under KRS 13B.020)
☐ Review the agency's specific enabling statute for hearing procedures
☐ Confirm whether the hearing officer comes from the Division of Administrative Hearings
☐ Determine whether the agency head issues the final order (KRS 13B.120) or follows recommended order (KRS 13B.110)
☐ Identify any mandatory mediation or informal resolution requirements
☐ Review agency-specific administrative regulations (KARs)

6. FILING INSTRUCTIONS

Where and How to File in Kentucky

Step 1: File with the Agency

The hearing request is filed with the agency that issued the adverse action. The agency then requests designation of a hearing officer from the Division of Administrative Hearings.

Step 2: Accepted Filing Methods

☐ U.S. Mail (certified mail recommended for proof of filing date)
☐ Personal delivery / hand filing
☐ Facsimile (where accepted by the agency)
☐ Electronic filing (where the agency has established an electronic filing system)
☐ Email (where accepted by the agency)

Step 3: Filing Fees

Most Kentucky administrative hearing requests do not require a filing fee. However, certain agencies or specialized proceedings may impose fees. Verify with the specific agency.

Step 4: Service Requirements

☐ Serve a copy of the hearing request on the agency's general counsel or designated representative
☐ Serve a copy on any other parties to the action
☐ File proof of service (certificate of service) with the hearing request
☐ Service may be made personally or by certified mail (KRS 13B.050)

Step 5: Agency's Obligation After Filing

Upon receipt of the hearing request:

• The agency must request designation of a hearing officer from the Division of Administrative Hearings within 10 days (KRS 13B.030(2))
• The agency must serve notice of the hearing on all parties at least 20 days before the hearing date (KRS 13B.050)

7. DEADLINES AND TIMELINE

Critical Deadlines Under Kentucky Law

Filing Deadline for Hearing Request:

The deadline to request a hearing is established by the agency's enabling statute or the notice of action. Common deadlines include:

CRITICAL: Failure to file within the statutory deadline may result in waiver of the right to a hearing. The agency's notice of adverse action typically states the deadline. If the notice does not specify a deadline, consult the enabling statute.

General Hearing Timeline Under KRS Chapter 13B:

8. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Discovery in Kentucky Administrative Hearings

Governing Statute: KRS 13B.080

Discovery in Kentucky administrative hearings is more limited than in civil litigation. The hearing officer has broad discretion to manage discovery.

Pre-Hearing Inspection Right (KRS 13B.080(7)):

Any party has the right to inspect, at least five (5) days before the hearing:
☐ A list of all witnesses every other party expects to call at the hearing
☐ Available documentary or tangible evidence relating to the hearing

This right of inspection may be exercised in person or by counsel.

Available Discovery Methods:

☐ Pre-hearing inspection of witness lists and documentary evidence (KRS 13B.080(7))
☐ Subpoenas for witness attendance and testimony (KRS 13B.080(5))
☐ Subpoenas duces tecum for production of documents and tangible items (KRS 13B.080(5))
☐ Interrogatories (where permitted by agency regulation or hearing officer order)
☐ Requests for production of documents
☐ Requests for admission
☐ Depositions (with hearing officer permission)

Subpoena Power (KRS 13B.080(5)):

The hearing officer may issue subpoenas requiring:

• The attendance and testimony of witnesses
• The production of any tangible items in the possession or under the control of witnesses

Subpoenas may be issued:

• On the hearing officer's own motion
• On the oral or written application of a party
• Enforcement of subpoenas may be sought through the circuit court

Protective Orders:

Parties may request protective orders to protect:
☐ Trade secrets and confidential business information
☐ Personal identifying information
☐ Privileged communications
☐ Information subject to statutory confidentiality protections

9. PRE-HEARING CONFERENCE PROCEDURES

Pre-Hearing Conferences Under KRS 13B.070

Overview:
The hearing officer may hold a prehearing conference in any administrative hearing. The prehearing conference is initiated by agency staff and presided over by the hearing officer.

Purposes of the Pre-Hearing Conference (KRS 13B.070):

☐ Prepare stipulations of undisputed facts
☐ Clarify the issues to be decided at the hearing
☐ Request issuance of subpoenas and orders
☐ Exchange witness lists and documentary evidence
☐ Address the scheduling of the hearing
☐ Discuss potential for mediation or settlement
☐ Address other matters that will promote the orderly and prompt conduct of the hearing
☐ Rule on any preliminary motions

Mediation (KRS 13B.070):

KRS Chapter 13B authorizes the use of mediation in administrative proceedings. The hearing officer or the parties may propose mediation to attempt to resolve the dispute without a full hearing. Mediation is voluntary and does not waive the right to a hearing.

Pre-Hearing Conference Preparation Checklist:

☐ Review the agency's notice of action and all supporting documents
☐ Prepare a concise statement of the issues in dispute
☐ Prepare a list of undisputed facts for potential stipulation
☐ Prepare preliminary witness and exhibit lists
☐ Identify any subpoenas needed and prepare applications
☐ Consider whether mediation would be appropriate
☐ Prepare proposed hearing dates (coordinate with witnesses)
☐ Review the specific agency's administrative regulations (KARs)
☐ Prepare any preliminary motions (e.g., motion to dismiss, motion for continuance)

Pre-Hearing Orders:

Following the prehearing conference, the hearing officer may issue orders that:

• Define the issues for hearing
• Set the hearing date, time, and location
• Establish deadlines for exchange of witness lists and exhibits
• Memorialize stipulations reached
• Address subpoena requests
• Set a schedule for any pre-hearing motions

10. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Hearings Under KRS 13B.080

Notice Requirements (KRS 13B.050):

The notice of hearing must be personally served or mailed to the last known address of the party or parties not less than twenty (20) days before the date of the hearing. The notice must include:

• The date, time, and location of the hearing
• A statement of the legal authority and jurisdiction under which the hearing is held
• A reference to the particular statutes and regulations involved
• A short and plain statement of the matters asserted
• A statement that the party has the right to be represented by counsel

Representation:

☐ Parties may appear pro se (self-represented)
☐ Parties may be represented by an attorney licensed in Kentucky
☐ Parties have the right to be represented by counsel at the hearing (KRS 13B.050)

Burden of Proof (KRS 13B.090(7)):

The ultimate burden of persuasion in all administrative hearings is met by a preponderance of evidence in the record, except when a higher standard of proof is required by law. Specific burdens:

• The party proposing that the agency take action or grant a benefit has the burden to show the propriety of the agency action or entitlement to the benefit sought
• The agency has the burden to show the propriety of a penalty imposed or the removal of a benefit previously granted

Evidence Rules (KRS 13B.090):

• The hearing officer shall admit evidence in the record in accordance with KRS 13B.090 and reasonable administrative practice
• The hearing officer is not bound by the Kentucky Rules of Evidence, but they serve as a guide
• Evidence that is relevant and material to the issues shall be admitted
• Hearsay evidence may be admitted but given only the weight to which it is entitled
• The hearing shall be recorded by audio or video recording or by a court reporter
• All testimony shall be given under oath or affirmation
• Each party has the right to call and examine witnesses, introduce exhibits, and cross-examine opposing witnesses

Conduct of the Hearing (KRS 13B.080):

Pre-Hearing Evidence Inspection (KRS 13B.080(7)):

Any party has the right to inspect, at least five (5) days before the hearing:

• A list of all witnesses every other party expects to call
• Available documentary or tangible evidence relating to the hearing

Prohibited Communications (KRS 13B.100):

• No party or person shall communicate ex parte with the hearing officer regarding the merits of the case
• The hearing officer shall not communicate ex parte with the agency head or members
• All communications regarding the merits must be made on the record
• If an ex parte communication occurs, it must be placed on the record and all parties given opportunity to respond

Recording of Hearing (KRS 13B.090(6)):

The hearing shall be recorded by audio or video recording or by a court reporter. The cost of transcription is borne by the requesting party unless otherwise provided.

11. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Process Under KRS Chapter 13B

Post-Hearing Briefs:

The hearing officer may permit or require post-hearing briefs, proposed findings of fact, and conclusions of law.

Recommended Order (KRS 13B.110):

After the hearing, the hearing officer issues a recommended order (not a final order) that includes:

• Findings of fact based upon the evidence in the record
• Conclusions of law
• A recommended disposition

Exceptions to Recommended Order (KRS 13B.110(4)):

• Any party may file exceptions to the recommended order within fifteen (15) days after service of the recommended order
• Exceptions must specify the portions of the recommended order to which the party objects
• Exceptions must include specific legal and factual bases for the objections
• The filing of exceptions is a critical step — failure to file exceptions may result in waiver of objections

Final Order by Agency Head (KRS 13B.120):

The agency head reviews the recommended order and any exceptions and issues the final order:

• The agency head may adopt, modify, or reject the recommended order
• The final order must include findings of fact and conclusions of law
• The final order must be in writing and served on all parties
• The final order must include notice of the right to judicial review and the deadline for filing

Emergency Actions (KRS 13B.130):

An agency may take emergency action without prior notice or hearing if:

• The agency finds an imminent peril to public health, safety, or welfare
• The emergency order includes findings of fact and a statement of reasons
• The emergency order is effective immediately
• The affected party is entitled to a hearing within a reasonable time after the emergency action

12. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under KRS 13B.140–13B.160

Governing Statutes: KRS 13B.140 (Judicial Review), KRS 13B.150 (Conduct of Judicial Review), KRS 13B.160 (Appeals)

Exhaustion of Administrative Remedies:

Before seeking judicial review, the Petitioner must:
☐ Receive a final order from the agency head (KRS 13B.120)
☐ File exceptions to the recommended order within 15 days (KRS 13B.110(4)) (failure to do so may waive objections)
☐ Exhaust all available administrative remedies within the agency

Filing for Judicial Review (KRS 13B.140):

Scope of Judicial Review (KRS 13B.150):

The court's review is confined to the record. The court may grant relief if it finds:

• The agency acted without jurisdiction
• The agency exceeded its statutory authority
• The agency failed to follow required procedures
• The agency's action was based upon an error of law
• The agency's findings of fact are not supported by substantial evidence in the record
• The agency's action was arbitrary, capricious, or characterized by abuse of discretion
• The agency's action violates constitutional provisions

Standard of Review:

• Questions of law: Reviewed de novo
• Findings of fact: Upheld if supported by substantial evidence in the record
• Discretionary agency actions: Reviewed for abuse of discretion

Further Appeals (KRS 13B.160):

• From the circuit court: Appeal to the Kentucky Court of Appeals
• From the Court of Appeals: Discretionary review by the Kentucky Supreme Court

13. STAY OF AGENCY ACTION

Request for Stay Pending Hearing

To: [________________________________] [Agency Name / Hearing Officer]
From: [________________________________] [Petitioner]
Date: [__/__/____]
Re: Request for Stay — Case No. [________________________________]

The Petitioner respectfully requests a stay of enforcement of the agency's [decision/order/action] dated [__/__/____] pending the resolution of this administrative hearing, and states the following grounds:

1. Likelihood of Success on the Merits:
[________________________________]

2. Irreparable Harm Absent a Stay:
[________________________________]

3. The Stay Will Not Substantially Harm Other Parties or the Public Interest:
[________________________________]

4. The Balance of Equities Favors a Stay:
[________________________________]

Supporting Documentation:
☐ Affidavit or declaration of Petitioner
☐ Financial records demonstrating harm
☐ Other supporting evidence: [________________________________]

Note: The availability of a stay varies by agency and type of action. Some statutes provide for automatic stays upon request for hearing (e.g., certain benefit determinations). Others require a separate motion and showing. Review the applicable statute and agency regulations.

14. DOCUMENT CHECKLIST

Complete Filing Checklist for Kentucky Administrative Hearing Request

Required Documents:

☐ Cover letter (signed and dated)
☐ Formal Request for Administrative Hearing / Petition
☐ Copy of the agency's adverse action / decision / notice
☐ Statement of Issues / Grounds for Hearing
☐ Proof of service on agency counsel/designated representative
☐ Certificate of service
☐ Filing fee or fee waiver request (if applicable)

Recommended Documents:

☐ Stay request with supporting documentation (if applicable)
☐ Preliminary witness list (names, addresses, expected testimony)
☐ Preliminary exhibit list with copies of key exhibits
☐ Chronological statement of facts
☐ Relevant statutory and regulatory provisions (KRS and KAR citations)
☐ Authorization for representative (if applicable)
☐ Interpreter / accommodation request (if applicable)
☐ Agency-specific hearing request form (if the agency provides one)
☐ Mediation request (if desired under KRS 13B.070)

Pre-Hearing Tasks:

☐ Prepare for prehearing conference (KRS 13B.070)
☐ Prepare stipulations of undisputed facts
☐ Prepare subpoena applications (if needed)
☐ Provide witness list and documentary evidence for inspection at least 5 days before hearing (KRS 13B.080(7))
☐ Prepare opening statement
☐ Prepare direct examination outlines for witnesses
☐ Prepare cross-examination outlines for agency witnesses
☐ Organize exhibits for introduction at hearing

Service Verification:

☐ Retained a copy of all filed documents for your records
☐ Sent copies to agency counsel via [certified mail / personal delivery]
☐ Obtained proof of delivery (certified mail receipt, delivery confirmation)
☐ Filed certificate of service with the agency

Post-Filing Monitoring:

☐ Calendar the hearing request filing deadline and confirm timely filing
☐ Monitor for hearing officer designation (within 10 days per KRS 13B.030(2))
☐ Monitor for notice of hearing (at least 20 days before hearing per KRS 13B.050)
☐ Calendar the hearing date
☐ Calendar 15-day deadline for filing exceptions to recommended order
☐ Calendar 30-day judicial review deadline from date of final order

15. PRACTICE TIPS FOR KENTUCKY ADMINISTRATIVE HEARINGS

Strategic Considerations for Kentucky Practitioners

1. Understand the Two-Step Decision Process
Kentucky's system under KRS Chapter 13B creates a two-step process: the hearing officer issues a recommended order (KRS 13B.110), and the agency head issues the final order (KRS 13B.120). The agency head may adopt, modify, or reject the recommended order. Understand that even a favorable recommended order may be modified by the agency head.

2. File Exceptions — Do Not Waive
Under KRS 13B.110(4), any party may file exceptions to the recommended order within 15 days. Failure to file exceptions may constitute waiver of specific objections and could preclude raising those issues on judicial review. Always file timely, detailed exceptions to any adverse findings.

3. Verify KRS 13B Applicability
Not all Kentucky agencies are subject to KRS Chapter 13B. Workers' compensation, unemployment insurance, Public Service Commission proceedings, and other matters are exempt under KRS 13B.020. Before relying on this template, confirm that your agency's proceedings are governed by Chapter 13B.

4. Request Hearing Officer Designation Promptly
Under KRS 13B.030(2), the agency must request a hearing officer from the Division of Administrative Hearings within 10 days of the petition filing. If the agency delays, follow up and document the delay, as it may constitute a procedural irregularity.

5. Exercise Pre-Hearing Inspection Rights
KRS 13B.080(7) provides the right to inspect all witness lists and available documentary evidence at least 5 days before the hearing. Exercise this right diligently — surprises at the hearing are disfavored, and the hearing officer may exclude evidence not disclosed in advance.

6. Understand the Burden of Proof
Under KRS 13B.090(7), the ultimate burden is preponderance of evidence. However, the allocation of the burden depends on the nature of the action:

• If the agency is seeking to impose a penalty or remove a benefit, the agency bears the burden
• If the petitioner is seeking a benefit or challenging a denial, the petitioner bears the burden
  This distinction is critical and should guide your evidence presentation strategy.

7. Preserve the Record
The hearing is recorded by audio, video, or court reporter under KRS 13B.090(6). Ensure that all objections, offers of proof, and procedural challenges are made on the record. An incomplete record will hamper judicial review.

8. Be Aware of Prohibited Communications
KRS 13B.100 strictly prohibits ex parte communications with the hearing officer regarding the merits of the case. If you become aware of any ex parte communication, promptly raise the issue and request that it be placed on the record.

9. Consider Mediation
KRS 13B.070 authorizes mediation as part of the prehearing process. Mediation can resolve disputes more efficiently and with greater party control over the outcome. Consider whether mediation is appropriate given the nature of the dispute and the agency's willingness to negotiate.

10. File for Judicial Review in the Right Court
Under KRS 13B.140, judicial review may be filed in Franklin Circuit Court or in the circuit court of the county where the petitioner resides or has a principal place of business. Consider strategic forum selection based on the court's familiarity with administrative law and any other relevant factors.

16. SOURCES AND REFERENCES

Kentucky Administrative Hearing Authorities

Primary Statutes:

• KRS Chapter 13B: Administrative Hearings
• KRS 13B.010: Definitions
• KRS 13B.020: Application of chapter; exemptions
• KRS 13B.030: Powers of agency head and hearing officers; qualifications
• KRS 13B.040: Hearing officers; qualifications
• KRS 13B.050: Notice of administrative hearing
• KRS 13B.060: Petition for intervention
• KRS 13B.070: Prehearing conferences and mediation
• KRS 13B.080: Conduct of hearing
• KRS 13B.090: Findings of fact; evidence; recording; burdens of proof
• KRS 13B.100: Prohibited communications
• KRS 13B.110: Recommended orders
• KRS 13B.120: Final orders
• KRS 13B.130: Emergency actions and appeals
• KRS 13B.140: Judicial review of final orders
• KRS 13B.150: Conduct of judicial review
• KRS 13B.160: Judicial appeals
• KRS 13B.170: Administrative regulations
• KRS 15.111: Office of Administrative Hearings

Administrative Regulations:

• Kentucky Administrative Regulations (KARs) applicable to specific agencies
• Agency-specific hearing procedures codified in KAR titles

Key Agency and Court Resources:

• Kentucky Office of the Attorney General: ag.ky.gov
• Kentucky Legislature (statutes): apps.legislature.ky.gov
• Kentucky Administrative Regulations: apps.legislature.ky.gov/law/kar
• Kentucky Court of Justice: courts.ky.gov
• Franklin Circuit Court Clerk: franklincircuitclerk.com
• Kentucky Bar Association: kybar.org

Practice Resources:

• Kentucky Bar Association, Administrative Law Section
• Kentucky CLE Commission
• University of Kentucky College of Law

This template is intended for use by licensed attorneys and qualified legal professionals. It does not constitute legal advice. The information contained herein reflects general provisions of Kentucky law and must be adapted to the specific agency, proceeding, and facts of each case. Always verify current statutory requirements, agency-specific rules, and applicable deadlines before filing.

Document Version: 2026-03-07
Jurisdiction: Kentucky (Commonwealth)
Governing Law: KRS Chapter 13B (Administrative Hearings); KRS 15.111 (Office of Administrative Hearings)