Ky. Rev. Stat. » Chapter 13B
Kentucky Revised Statutes

Ky. Rev. Stat. § 13B.100 (2026)

Prohibited communications

✓ current as of May 2026
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(1) Unless required for the disposition of ex parte matters specifically authorized by statute, a hearing officer shall not communicate off the record with any party to the hearing or any other person who has a direct or indirect interest in the outcome of the hearing, concerning any substantive issue, while the proceeding is pending.

(2) The prohibition stated in subsection (1) shall not apply to:

(a) Communication with other agency staff, if the communication is not an ex parte communication received by staff; and

(b) Communication among members of a collegial body or panel which by law is serving as a hearing officer.

(3) If an ex parte communication occurs, the hearing officer shall note the occurrence for the record, and he shall place in the record a copy of the communication, if it was written, or a memorandum of the substance of the communication, if it was oral. Effective: July 15, 1996 History: Created 1994 Ky. Acts ch. 382, sec. 10, effective July 15, 1996.

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005).
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Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005). · cites it 9× “” Much like the use of instructions approved above, the hearing officer’s decision to stay with the tribunal during its deliberations is consistent with KRS 13B.100. The question then becomes whether the practice is expressly forbidden or- is prejudicial to a party.”
Ky. Rev. Stat. § 13B.100(1): 1 case
Fankhauser v. Cobb, 163 S.W.3d 389 (Ky. 2005). “” Much like the use of instructions approved above, the hearing officer’s decision to stay with the tribunal during its deliberations is consistent with KRS 13B.100. The question then becomes whether the practice is expressly forbidden or- is prejudicial to a party.”
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