Ky. Rev. Stat. § 11A.100

Procedures for administrative hearings -- Action by commission

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(1) The provisions of KRS Chapter 13B shall apply to all commission administrative hearings, except for the provisions of: (a) KRS 13B.030(2)(b); (b) KRS 13B.050(1), (2), and (3) when a party fails to file an answer or otherwise participate; and (c) KRS 13B.090(7). (2) All administrative hearings of the commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session in accordance with KRS 61.810. (3) The commission, upon a finding pursuant to an administrative hearing that there has been clear and convincing proof of a violation of this chapter, may: (a) Issue an order requiring the violator to cease and desist the violation; and (b) Issue an order requiring the violator to file any report, statement, or other information as required by this chapter; and (c) In writing, publicly reprimand the violator for potential violations of the law and provide a copy of the reprimand to the alleged violator's appointing authority, if any; and (d) In writing, recommend to the violator's appointing authority that the violator be removed or suspended from office or employment, and include a recommendation for length of suspension, to be approved by the appointing authority, if any; and (e) Issue an order requiring the violator to pay a civil penalty of not more than five thousand dollars ($5,000) for each violation of this chapter. (4) In addition to any other remedies provided by law, any violation of this chapter which has substantially influenced the action taken by any state agency in any particular matter shall be grounds for voiding, rescinding, or canceling the action on such terms as the interests of the state and innocent third persons require. (5) The commission shall refer to the Attorney General evidence of violations of KRS 11A.040 for prosecution. The Attorney General shall have responsibility for all prosecutions under the law and may request from the commission all evidence collected in its investigation. The commission may represent itself through the general counsel in all subsequent proceedings. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 188, sec. 1, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 475, sec. 7, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 603, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 15, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 287, sec. 12, effective July 15, 1996.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2002–2024 · leading case: Executive Branch Ethics Commission v. Stephens

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Executive Branch Ethics Commission v. Stephens (2002) ky “At the time of the alleged offenses, KRS 11A.100(3) stated that: The commission, upon a finding pursuant to an administrative hearing that there has been clear and convincing proof of a violation of this chapter, may: (a) Issue an order requiring the violator to cease and desist…”

Turbyfill v. Executive Branch Ethics Commission (2010) kyctapp · cites it 2× “020 and is separate and distinct from any possible criminal consequences provided for in KRS 11A.100(5) for violations of KRS 11A.”

KY. EXEC. BRANCH ETHICS COM'N v. Atkinson (2010) kyctapp “Pursuant to KRS 11A.100(1), which provides that provisions of KRS Chapter 13B shall apply to all commission administrative hearings, a hearing officer was appointed to conduct the administrative proceedings.”

Kentucky Executive Branch Ethics Commission v. Atkinson (2010) kyctapp “Pursuant to KRS 11A.100(1), which provides that provisions of KRS Chapter 13B shall apply to all commission administrative hearings, a hearing officer was appointed to conduct the administrative proceedings.”

Molina Healthcare of Kentucky, Inc. v. Anthem Kentucky Managed Care Plan, Inc. (2022) kyctapp · cites it 4× “In fact, KRS 11A.100 in its entirety pertains to administrative hearings the Commission is authorized to conduct.”

Russell Coleman, in His Official Capacity as Attorney General of the Commonwealth of Kentucky v. Andy Beshear, in His Of (2024) kyctapp · cites it 3× “It may hold administrative hearings pursuant to the provisions of KRS Chapter 13B and issue orders of reprimand, cease-and-desist orders, orders for removal or suspension from office or employment, or issue civil penalties of not more than $5,000, should those hearings show…”

— Ky. Rev. Stat. § 11A.100(1) — 2 cases

— Ky. Rev. Stat. § 11A.100(3) — 2 cases

Molina Healthcare of Kentucky, Inc. v. Anthem Kentucky Managed Care Plan, Inc. (2022) kyctapp “In fact, KRS 11A.100 in its entirety pertains to administrative hearings the Commission is authorized to conduct.”

— Ky. Rev. Stat. § 11A.100(4) — 1 case

— Ky. Rev. Stat. § 11A.100(5) — 2 cases

Turbyfill v. Executive Branch Ethics Commission (2010) kyctapp “020 and is separate and distinct from any possible criminal consequences provided for in KRS 11A.100(5) for violations of KRS 11A.”

Russell Coleman, in His Official Capacity as Attorney General of the Commonwealth of Kentucky v. Andy Beshear, in His Of (2024) kyctapp “It may hold administrative hearings pursuant to the provisions of KRS Chapter 13B and issue orders of reprimand, cease-and-desist orders, orders for removal or suspension from office or employment, or issue civil penalties of not more than $5,000, should those hearings show…”

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