Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION

Before the [________________________________]

Commonwealth of Kentucky

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

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

PETITION FOR RECONSIDERATION

Pursuant to KRS § 13B.130

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") for reconsideration of its Final Order dated [__/__/____], pursuant to KRS § 13B.130 and the Kentucky Administrative Hearing Procedures Act (KRS Chapter 13B).

I. PRELIMINARY STATEMENT

Under KRS § 13B.130, a party may file a petition for reconsideration of a final order issued under KRS Chapter 13B within fifteen (15) calendar days after the date the final order is entered. The timely filing of a petition for reconsideration tolls the running of the period for appeal to the circuit court under KRS § 13B.160, until the agency's final ruling on reconsideration.

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

KRS § 13B.130 provides that a petition for reconsideration of a final order may be filed within fifteen (15) calendar days after the date the final order was entered. The agency head shall rule on the petition for reconsideration within a reasonable time.

B. Timeliness

☐ This Petition is timely. The Final Order was entered on [__/__/____]. The fifteen-day deadline expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Order entered: [__/__/____]
• Applicable deadline: 15 calendar days from entry
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Tolling of Judicial Review Deadline

Under KRS § 13B.130, the filing of a timely petition for reconsideration tolls the period for appeal to the circuit court under KRS § 13B.160. The period for circuit court appeal runs from the date the agency issues its ruling on the petition for reconsideration (or from the date the petition is deemed denied if the agency does not act). This is an important procedural protection: Petitioner's right to judicial review is preserved pending resolution of this Petition.

D. Appeal Deadline Without Reconsideration

Under KRS § 13B.160, a party seeking circuit court review of a final agency order must file within thirty (30) days of the final order, or within thirty (30) days of the agency's ruling on a timely petition for reconsideration.

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 [__/__/____] [if applicable].

8. Petitioner filed exceptions to the Recommended Order on [__/__/____] [if applicable].

9. The Agency Head/Board issued the Final Order on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION

Petitioner asserts the following grounds under KRS § 13B.130 and KRS § 13B.150 (grounds for circuit court reversal). Check all that apply:

☐ Ground 1: Error of Law
The Final Order contains one or more errors in the interpretation or application of Kentucky law.

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, as required by KRS § 13B.150(2)(c).

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, in violation of KRS § 13B.150(2)(b).

Specifically: [________________________________]

☐ Ground 5: Final Order Is Arbitrary, Capricious, or Unreasonable
The Final Order is arbitrary, capricious, or unreasonable, or represents an abuse of discretion, in violation of KRS § 13B.150(2)(f).

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, in violation of KRS § 13B.150(2)(d):
☐ 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

Under KRS § 13B.130, the Agency Head has broad authority to reconsider a final order upon a timely petition. Reconsideration allows the Agency to correct errors of law, modify factual findings lacking evidentiary support, address newly discovered evidence, and avoid the costs and burdens of circuit court litigation.

B. Circuit Court Review Standards (KRS § 13B.150)

Under KRS § 13B.150(2), a court shall reverse an administrative final order if the agency's:

• Final order violates constitutional provisions (§ 13B.150(2)(a));
• Final order was in excess of the agency's statutory authority (§ 13B.150(2)(b));
• Agency substantially failed to follow applicable procedural requirements (§ 13B.150(2)(d));
• Final order is not supported by substantial evidence (§ 13B.150(2)(c)); or
• Final order is arbitrary, capricious, or characterized by an abuse of discretion (§ 13B.150(2)(f)).

These standards equally apply to the agency's reconsideration of its own order.

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 [________________________________]. The Agency's contrary finding is therefore unsupported by substantial evidence as required by KRS § 13B.150(2)(c).

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 under KRS Chapter 13B.

X. LIST OF EXHIBITS

XI. KENTUCKY-SPECIFIC AGENCY NOTES

This template may be used in proceedings before Commonwealth of Kentucky agencies, including:

• 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 Unemployment Insurance Commission — unemployment benefits
• Kentucky Environmental and Public Protection 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

KRS Chapter 13B Coverage: KRS Chapter 13B (Kentucky Administrative Hearing Procedures Act) governs administrative hearings conducted by agencies subject to this Act. Some agencies have their own enabling statutes that supplement or modify KRS Chapter 13B procedures — always check the agency's specific statute and administrative regulations (KAR) for any additional requirements.

15-Day Deadline is Strict: The fifteen-day deadline under KRS § 13B.130 is measured from the date the final order is entered, not the date it is served or received. Confirm the entry date from the final order itself and calculate the deadline accordingly.

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: A timely petition for reconsideration under KRS § 13B.130 tolls the period for circuit court appeal until the agency issues its ruling on the petition.

If Petition is Denied:

1. Circuit Court Appeal: Under KRS § 13B.160, a party seeking circuit court review of an administrative final order must file an appeal in the Circuit Court of the county in which the proceeding was conducted, within thirty (30) days of:
   - The entry of the final order on reconsideration (if reconsideration was timely petitioned); or
   - The original final order (if no timely reconsideration petition was filed).

2. Stay of Agency Action: The circuit court may stay enforcement of a final agency order pending appeal under KRS § 13B.160 upon a showing of good cause.

3. Standard of Review: Under KRS § 13B.150, the circuit court reviews the administrative record and may reverse the agency's final order on the grounds set forth in KRS § 13B.150(2).

4. Further Appeals: Appeals from circuit court decisions proceed to the Kentucky Court of Appeals, and discretionary review may be sought from the Kentucky Supreme Court.

Important: Deadlines for circuit court appeal are strictly enforced. Consult a qualified Kentucky attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• Kentucky Revised Statutes Chapter 13B (Administrative Hearing Procedures): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37085
• KRS § 13B.130 (Reconsideration): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=798
• Kentucky Administrative Regulations (KAR): https://apps.legislature.ky.gov/Law/kar/
• Kentucky Courts — Administrative Appeals: https://courts.ky.gov/