Petition for Reconsideration (Administrative Agency) - Kentucky

PETITION FOR RECONSIDERATION

Before the [________________________________]

Commonwealth of Kentucky

In the Matter of:

Docket No.: [________________________________]
Agency Case No.: [________________________________]

PETITION FOR RECONSIDERATION

Pursuant to [CITE THE SPECIFIC AGENCY-ENABLING STATUTE OR REGULATION AUTHORIZING RECONSIDERATION — e.g., KRS § 342.281, or the applicable KAR provision — NOT a generic KRS Chapter 13B citation, which does not exist]

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") for reconsideration of its Final Order dated [__/__/____], pursuant to [________________________________] (cite the specific reconsideration authority applicable to this Agency).

I. PRELIMINARY STATEMENT

Under [cite agency-specific reconsideration authority], a party may file a petition for reconsideration of a final order or award within [____] ([____]) [calendar/working] days after the date the order is entered/rendered. [State whether, and under what authority, the filing of this Petition affects or tolls the thirty (30)-day period for judicial review under KRS § 13B.140. Do not assume automatic tolling; confirm the effect under the specific agency statute or controlling case law.]

The Final Order [describe adverse action: e.g., revoked Petitioner's [license type] license / denied Petitioner's application for / imposed a civil penalty of $[____________] / sustained disciplinary action against Petitioner]. For the reasons set forth below, the Final Order is erroneous in law and/or fact and should be vacated, modified, or remanded.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

[Cite the specific agency-enabling statute or KAR regulation that authorizes reconsideration for this Agency, and quote or summarize its operative deadline and standard of review.] Example (workers' compensation ALJ orders only): KRS § 342.281 provides that a petition for reconsideration of an award, order, or decision of an administrative law judge may be filed within fourteen (14) days from the date of the award, order, or decision, but the administrative law judge's review on reconsideration is limited to correcting errors patently appearing on the face of the order and does not permit reconsideration of the merits or factual findings.

B. Timeliness

☐ This Petition is timely. The Final Order was entered on [__/__/____]. The applicable deadline under [cite specific authority] expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Order entered/rendered: [__/__/____]
• Applicable deadline (per specific agency authority cited above): [____] days from entry
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Judicial Review Deadline

[State, based on the specific agency authority and any controlling Kentucky case law, whether and how the filing of this Petition affects the time to seek judicial review under KRS § 13B.140. If uncertain, protectively calendar the 30-day KRS 13B.140 deadline as running from the ORIGINAL Final Order and consult counsel before allowing that deadline to pass while this Petition is pending.]

D. Judicial Review Deadline (KRS § 13B.140)

Independent of any agency-specific reconsideration procedure, KRS § 13B.140(1) requires that a party seeking circuit court review of a final agency order institute the appeal by filing a petition in the circuit court of venue (as provided in the agency's enabling statute, or if venue is not so specified, in Franklin Circuit Court or the circuit court of the county in which the party resides or operates a place of business) within thirty (30) days after the final order is mailed or delivered by personal service. Under KRS § 13B.140(2), a party may seek judicial review only after exhausting all administrative remedies available within the agency and any other agency authorized to exercise administrative review.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Kentucky Bar No. (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Agency Head (Secretary/Commissioner/Director/Board Chair): [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Hearing Officer (if separate from agency head)

Name: [________________________________]
Title: [________________________________]

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE FINAL ORDER CHALLENGED

A. The Final Order

1. Title/Description: [________________________________]
2. Date Entered: [__/__/____]
3. Order Number/Reference: [________________________________]
4. Hearing Officer Who Conducted Hearing: [________________________________]
5. Agency Head/Board Who Issued Final Order: [________________________________]

B. Summary of the Final Order

The Final Order found/concluded: [________________________________]

The Final Order directed/imposed: [________________________________]

A copy of the Final Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency served Petitioner with a Notice of Charges/Notice of Proposed Action proposing to [describe action]"].

2. On [__/__/____], Petitioner [describe response, e.g., "submitted a written response to the charges / requested an administrative hearing under KRS § 13B.050"].

3. An administrative hearing was held pursuant to KRS Chapter 13B on [__/__/____] before Hearing Officer [________________________________] at [________________________________], Kentucky.

4. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

5. The following exhibits were admitted:
   - [________________________________]
   - [________________________________]

6. Post-hearing briefs were submitted:
   - Petitioner's brief filed: [__/__/____]
   - Agency's brief filed: [__/__/____]

7. The Hearing Officer issued a Recommended Order on [__/__/____] pursuant to KRS § 13B.110 [if applicable].

8. Petitioner filed exceptions to the Recommended Order on [__/__/____] pursuant to KRS § 13B.110(4) [if applicable].

9. The Agency Head/Board issued the Final Order on [__/__/____] pursuant to KRS § 13B.120.

VI. GROUNDS FOR RECONSIDERATION

Petitioner asserts the following grounds for reconsideration, to the extent permitted by the scope of review applicable to this Agency's reconsideration procedure (see Section II.A). Check all that apply:

☐ Ground 1: Error of Law Patent on the Face of the Order
The Final Order contains one or more clear errors in the interpretation or application of Kentucky law, apparent from the order itself.

Cite statute/regulation: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence

One or more material findings of fact are not supported by substantial evidence in the record.

Unsupported findings:

• Finding: [________________________________]; Record contradicts: [________________________________]
• Finding: [________________________________]; Record contradicts: [________________________________]

☐ Ground 3: Newly Discovered Evidence

Evidence not reasonably available at the time of hearing has been discovered that would materially affect the outcome.

Description: [________________________________]
Why not available at hearing: [________________________________]
Effect on outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Statutory Authority
The Agency's action exceeds its statutory jurisdiction or authority under Kentucky law.

Specifically: [________________________________]

☐ Ground 5: Final Order Is Arbitrary, Capricious, or Unreasonable
The Final Order is arbitrary, capricious, or unreasonable, or represents an abuse of discretion.

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Order violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Ky. Const. § 11)
☐ Equal protection
☐ Other constitutional right: [________________________________]

☐ Ground 7: Procedural Error
A material procedural error deprived Petitioner of a fair hearing:
☐ Inadequate notice of the hearing or charges
☐ Evidence improperly admitted or excluded
☐ Denial of right to present witnesses or conduct cross-examination
☐ Hearing officer bias or conflict of interest
☐ Other: [________________________________]

☐ Ground 8: Failure to Follow Agency's Own Rules or Precedent
The Final Order departs from the Agency's own rules or established precedent without adequate explanation.

Cite rule/precedent: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / regulated business / applicant / benefit recipient] who [describe relevant background, e.g., has held Kentucky [license type] License No. [____] since [__/__/____]].

2. On [__/__/____], [describe the triggering event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue as needed.]

B. Factual Errors in the Final Order

The following specific findings in the Final Order are factually erroneous or unsupported:

Erroneous Finding 1:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: Exhibit [____] / Transcript p. [____]

Erroneous Finding 2:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration

[State the actual standard of review applicable to reconsideration before THIS Agency, drawn from the specific statute/regulation cited in Section II.A. Do not describe the Agency Head as having "broad authority to reconsider" unless the applicable authority actually says so — many agency-specific reconsideration mechanisms are narrow (e.g., limited to patent errors on the face of the order under KRS § 342.281) and do not permit the agency to reweigh evidence or reconsider the merits.]

B. Judicial Review Standards If Reconsideration Is Denied (KRS § 13B.150)

Under KRS § 13B.150(2), if this Petition is denied and Petitioner seeks judicial review of the Final Order, a reviewing court may reverse the agency's final order, in whole or in part, and remand for further proceedings if it finds the final order is:

• In violation of constitutional or statutory provisions (§ 13B.150(2)(a));
• In excess of the statutory authority of the agency (§ 13B.150(2)(b));
• Without support of substantial evidence on the whole record (§ 13B.150(2)(c));
• Arbitrary, capricious, or characterized by abuse of discretion (§ 13B.150(2)(d));
• Based on an ex parte communication that substantially prejudiced the rights of any party and likely affected the outcome of the hearing (§ 13B.150(2)(e));
• Prejudiced by a failure of the person conducting the proceeding to be disqualified pursuant to KRS § 13B.040(2) (§ 13B.150(2)(f)); or
• Deficient as otherwise provided by law (§ 13B.150(2)(g)).

Under KRS § 13B.150(3), as amended effective June 27, 2025 (2025 Ky. Acts ch. 112, sec. 3), the reviewing court applies de novo review of the agency's final order on questions of law, and the agency's interpretation of a statute or administrative regulation is not entitled to deference from the reviewing court.

These judicial-review standards govern circuit court review of the Final Order; they do not automatically define the scope of the Agency's own reconsideration of its order, which is instead governed by the agency-specific authority cited in Section II.A.

C. Argument on Ground 1: [State Ground Title]

The Final Order erred as a matter of law in [________________________________]. KRS § [____] expressly provides that [________________________________]. The Agency's interpretation is incorrect because [________________________________].

The Kentucky [Supreme Court / Court of Appeals] in [________________________________] S.W.3d [____] (Ky. [year]) held that [________________________________]. This controlling authority requires [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by substantial evidence:

Finding [____]: The Agency found [________________________________]. However, the record demonstrates that [________________________________]. [Exhibit [____]] shows [________________________________]. The testimony of [________________________________] (Tr. p. [____]) clearly establishes [________________________________].

E. [Continue for Each Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Reconsideration.

☐ 2. Vacate the Final Order in its entirety.

☐ 3. Enter a new final order in Petitioner's favor: [________________________________]

☐ 4. Modify the Final Order as follows: [________________________________]

☐ 5. Remand for further hearing limited to: [________________________________]

☐ 6. Stay enforcement of the Final Order pending resolution of this Petition and any circuit court appeal.

☐ 7. Reinstate Petitioner's [license/permit/certification]: [________________________________]

☐ 8. Reduce the [penalty/fine/sanction] from $[____________] to $[____________].

☐ 9. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. KENTUCKY-SPECIFIC AGENCY NOTES

This template may be used in proceedings before Commonwealth of Kentucky agencies, including (confirm current agency name and reconsideration authority before filing):

• Kentucky Cabinet for Health and Family Services — Medicaid, child welfare, nursing facility licensing
• Kentucky Department for Public Health — health professional licensing
• Kentucky Board of Medical Licensure — physician licensing and discipline
• Kentucky Board of Nursing — nursing licensing and discipline
• Kentucky Real Estate Commission — real estate licensee discipline
• Kentucky Department of Education — educator certification and discipline
• Kentucky Office of Unemployment Insurance (within the Education and Workforce Development Cabinet) — unemployment benefits; note that unemployment insurance hearings are exempt from KRS Chapter 13B under KRS § 13B.020(3)(e) and follow their own appeal procedures (787 KAR Chapter 1)
• Kentucky Energy and Environment Cabinet — environmental permits
• Kentucky Department of Revenue — tax assessments
• Kentucky Transportation Cabinet — vehicle and commercial driver licensing
• Kentucky Department of Insurance — insurance agent and company licensing
• Kentucky Department of Workers' Claims (Labor Cabinet) — workers' compensation awards; petitions for reconsideration of an administrative law judge's award, order, or decision are governed by KRS § 342.281 (14-day deadline; review limited to patent errors on the face of the order), not by KRS Chapter 13B

No Uniform Chapter 13B Reconsideration Right: KRS Chapter 13B (the Kentucky Administrative Hearings Act, KRS 13B.005 to 13B.170) governs the general procedure for administrative hearings but does not itself create a petition-for-reconsideration mechanism or deadline. A right to seek reconsideration of a final order — and the applicable deadline and scope of review — exists only where a specific agency's enabling statute or administrative regulation (KAR) provides for it. Always check the agency's specific statute and regulations first. If no such right exists, the only recourse after a final order is a Petition for Judicial Review under KRS § 13B.140, which must be filed within thirty (30) days after the final order is mailed or delivered by personal service, and only after exhausting all available administrative remedies (KRS § 13B.140(2)).

Deadlines Vary by Agency: Where an agency-specific reconsideration mechanism exists, confirm its deadline directly from that agency's enabling statute or KAR regulation before calculating any date in this Petition. Do not assume a fifteen-day or any other uniform deadline.

XII. VERIFICATION

I, [________________________________], being duly sworn, depose and state that I am the Petitioner [or the duly authorized representative of Petitioner] in the above-captioned matter; that I have read the foregoing Petition for Reconsideration; and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Signature

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, Commonwealth of Kentucky

My Commission Expires: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method indicated:

Agency Head:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted by agency rules): [________________________________]

Agency Legal Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties of Record:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Kentucky, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Kentucky Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

Effect of Timely Filing: Confirm, under the specific agency authority governing this reconsideration petition, whether and how a timely filing affects the thirty (30)-day period for judicial review under KRS § 13B.140. Do not assume automatic tolling absent specific statutory or regulatory authority or controlling case law so providing.

If Petition is Denied:

1. Circuit Court Appeal: Under KRS § 13B.140(1), a party seeking circuit court review of an administrative final order must file a petition in the Circuit Court of venue (as provided in the agency's enabling statute, or Franklin Circuit Court or the circuit court of the county where the petitioner resides or operates a place of business if venue is not otherwise specified) within thirty (30) days after the final order is mailed or delivered by personal service. Confirm from the specific agency authority whether this 30-day period runs from the original final order or from the ruling on reconsideration.

2. Exhaustion Required: Under KRS § 13B.140(2), judicial review is available only after all administrative remedies within the agency (and any agency with administrative review authority) have been exhausted.

3. Stay of Agency Action: Under KRS § 13B.140(4), a petition for judicial review does not automatically stay a final order pending review unless (a) an automatic stay is provided by statute, (b) the agency permits and grants a stay upon request, or (c) the circuit court orders a stay upon petition.

4. Standard of Review: Under KRS § 13B.150, the circuit court reviews the administrative record (without a jury, confined to the record absent fraud or misconduct) and may reverse the agency's final order on the grounds set forth in KRS § 13B.150(2), applying de novo review to questions of law under KRS § 13B.150(3) (as amended effective June 27, 2025).

5. Further Appeals: Under KRS § 13B.160, any aggrieved party may appeal a final judgment of the circuit court to the Kentucky Court of Appeals in accordance with the Kentucky Rules of Civil Procedure and Rules of Appellate Procedure, and discretionary review may thereafter be sought from the Kentucky Supreme Court.

Important: Deadlines for circuit court appeal are strictly enforced and jurisdictional. Consult a qualified Kentucky attorney immediately upon receipt of the Final Order, and do not rely on the pendency of a reconsideration petition to extend the KRS § 13B.140 judicial-review deadline without confirming the tolling effect under the specific agency authority involved.

SOURCES AND REFERENCES

• Kentucky Revised Statutes Chapter 13B (Administrative Hearings): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37085
• KRS § 13B.120 (Final Order): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51571
• KRS § 13B.125 (Emergency Action — Hearing — Appeal): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=797
• KRS § 13B.130 (Official Record of Hearing): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=798
• KRS § 13B.140 (Judicial Review of Final Order): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50615
• KRS § 13B.150 (Conduct of Judicial Review, as amended eff. June 27, 2025): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56390
• KRS § 342.281 (Workers' Compensation Petition for Reconsideration — illustrative agency-specific example): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32464
• Kentucky Administrative Regulations (KAR): https://apps.legislature.ky.gov/law/kar/
• Kentucky Courts — Administrative Appeals: https://courts.ky.gov/