Ky. Rev. Stat. » Chapter 13B

Ky. Rev. Stat. § 13B.010

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As used in this chapter, unless the context requires otherwise: (1) "Administrative agency" or "agency" means each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings; (2) "Administrative hearing" or "hearing" means any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate the legal rights, duties, privileges, or immunities of a named person; (3) "Agency head" means the individual or collegial body in an agency that is responsible for entry of a final order; (4) "Final order" means the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form; (5) "Hearing officer" means the individual, duly qualified and employed pursuant to this chapter, assigned by an agency head as presiding officer for an administrative hearing or the presiding member of the agency head; (6) "Office" means the Office of Administrative Hearings in the Office of the Attorney General created pursuant to KRS 15.111; (7) "Party" means: (a) The named person whose legal rights, duties, privileges, or immunities are being adjudicated in the administrative hearing; (b) Any other person who is duly granted intervention in an administrative hearing; and (c) Any agency named as a party to the adjudicatory proceeding or entitled or permitted by the law being enforced to participate fully in the administrative hearing; and (8) "Recommended order" means the whole or part of a preliminary hearing report to an agency head for the disposition of an administrative hearing. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 3, effective April 5, 2024. -- Amended 1996 Ky. Acts ch. 318, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 1, effective July 15, 1996. Legislative Research Commission Note (4/5/2024). Under the authority of KRS 7.136, the reviser of statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 2001–2023 · leading case: Gary West v. Ky. Horse Racing Comm'n
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Gary West v. Ky. Horse Racing Comm'n (2020) ca6 · cites it 6× “” See KRS § 13B.010(2), (6). Second, the stewards’ call was not a “final order” because it was not “made effective by an agency head,” as is necessary to issue a final administrative order.”
Thomas v. Cabinet for Families & Children (2001) ky · cites it 3× “” According to the definitions of KRS 13B.010, a final order is “the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form.”
Kentucky Retirement Systems v. Lewis (2005) ky “The Board of Trustees of Kentucky Retirement Systems is responsible for entry of final administrative orders and is the agency head as defined by KRS 13B.010(4). Upon request, claimants are assigned a hearing officer to consider administrative appeals.”
Abul-Ela v. Kentucky Board of Medical Licensure (2006) kyctapp “” KRS 13B.010(2). Because proceedings before the Board are not among those exempted under KRS 13B.”
Kipling v. City of White Plains (2001) kyctapp · cites it 2× “850(16) does not define “hearing,” the procedure before the Board was a “hearing” as defined by KRS 13B.010(2) and that the City’s failure to avail itself of the appeal process set forth in KRS 13B.”
Beverage Warehouse, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (2011) kyctapp · cites it 2× “As the circuit court pointed out in Beverage Warehouse II, KRS 13B.010(2) defines an administrative hearing as “any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate legal rights, duties, privileges, or…”
Gallien v. Kentucky Board of Medical Licensure (2011) kyctapp “” Based on this language, the circuit court reasoned: As a matter of first impression, and with no input from the parties, this Court construes KRS 13B.010(6) as meaning that a final order need not dispose of all issues in a case so long as the action taken conclusively imposes…”
Gaines v. Kentucky Occupational Safety & Health Review Commission (2010) kyctapp “In support, the Circuit Court relied upon KRS 13B.010(6), which defines a final order as "the whole or part of the final disposition of an administrative hearing.”
West v. Kentucky Horse Racing Commission (2019) kyed · cites it 4× “” KRS § 13B.010(2). The stewards’ decision disqualifying Maximum Security was not the product of an “administrative hearing.”
Baker v. Commonwealth (2001) kyctapp “KRS 13B.010(4) . Webster’s New World Dictionary (2d College Ed.”
Commonwealth v. Handi-Van, Inc. (2012) kyctapp “111; KRS 13B.010(8). See Underwood, supra, at 362.”
Sara v. Saint Joseph Healthcare System, Inc. (2015) kyctapp “” KRS 13B.010(1) defines an administrative agency as “each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings.”
Show all 16 citing cases →
— Ky. Rev. Stat. § 13B.010(1) — 1 case
Sara v. Saint Joseph Healthcare System, Inc. (2015) kyctapp “” KRS 13B.010(1) defines an administrative agency as “each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings.”
— Ky. Rev. Stat. § 13B.010(2) — 9 cases
Gary West v. Ky. Horse Racing Comm'n (2020) ca6 “” See KRS § 13B.010(2), (6). Second, the stewards’ call was not a “final order” because it was not “made effective by an agency head,” as is necessary to issue a final administrative order.”
Thomas v. Cabinet for Families & Children (2001) ky “” According to the definitions of KRS 13B.010, a final order is “the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form.”
Abul-Ela v. Kentucky Board of Medical Licensure (2006) kyctapp “” KRS 13B.010(2). Because proceedings before the Board are not among those exempted under KRS 13B.”
Kipling v. City of White Plains (2001) kyctapp “850(16) does not define “hearing,” the procedure before the Board was a “hearing” as defined by KRS 13B.010(2) and that the City’s failure to avail itself of the appeal process set forth in KRS 13B.”
Beverage Warehouse, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (2011) kyctapp “As the circuit court pointed out in Beverage Warehouse II, KRS 13B.010(2) defines an administrative hearing as “any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate legal rights, duties, privileges, or…”
— Ky. Rev. Stat. § 13B.010(3) — 1 case
Fitzgerald v. McFall (2009) kyctapp
— Ky. Rev. Stat. § 13B.010(4) — 2 cases
Kentucky Retirement Systems v. Lewis (2005) ky “The Board of Trustees of Kentucky Retirement Systems is responsible for entry of final administrative orders and is the agency head as defined by KRS 13B.010(4). Upon request, claimants are assigned a hearing officer to consider administrative appeals.”
Baker v. Commonwealth (2001) kyctapp “KRS 13B.010(4) . Webster’s New World Dictionary (2d College Ed.”
— Ky. Rev. Stat. § 13B.010(6) — 6 cases
Gary West v. Ky. Horse Racing Comm'n (2020) ca6 “” See KRS § 13B.010(2), (6). Second, the stewards’ call was not a “final order” because it was not “made effective by an agency head,” as is necessary to issue a final administrative order.”
Thomas v. Cabinet for Families & Children (2001) ky “” According to the definitions of KRS 13B.010, a final order is “the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form.”
Gallien v. Kentucky Board of Medical Licensure (2011) kyctapp “” Based on this language, the circuit court reasoned: As a matter of first impression, and with no input from the parties, this Court construes KRS 13B.010(6) as meaning that a final order need not dispose of all issues in a case so long as the action taken conclusively imposes…”
Gaines v. Kentucky Occupational Safety & Health Review Commission (2010) kyctapp “In support, the Circuit Court relied upon KRS 13B.010(6), which defines a final order as "the whole or part of the final disposition of an administrative hearing.”
Beverage Warehouse, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (2011) kyctapp “As the circuit court pointed out in Beverage Warehouse II, KRS 13B.010(2) defines an administrative hearing as “any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate legal rights, duties, privileges, or…”
— Ky. Rev. Stat. § 13B.010(8) — 1 case
Commonwealth v. Handi-Van, Inc. (2012) kyctapp “111; KRS 13B.010(8). See Underwood, supra, at 362.”
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