(1) Except when a shorter time period is provided by law, the hearing officer shall
complete and submit to the agency head, no later than sixty (60) days after receiving
a copy of the official record of the proceeding, a written recommended order which
shall include his findings of fact, conclusion of law, and recommended disposition
of the hearing, including recommended penalties, if any. The recommended order
shall also include a statement advising parties fully of their exception and appeal
rights.
(2) If an extension of time is needed by the hearing officer to complete and submit his
recommended order to the agency head, the hearing officer shall show good cause
to the agency head, in writing, and based upon substantial proof, that an extension
of time is needed.
(3) If the agency head, after a showing of good cause, grants the hearing officer an
extension of time:
(a) The extension shall not exceed thirty (30) days from the date the extension
was granted;
(b) The statement granting the extension shall be included in the record of the
hearing; and
(c) Notice of the extension shall be sent to all parties.
(4) A copy of the hearing officer's recommended order shall also be sent to each party
in the hearing and each party shall have fifteen (15) days from the date the
recommended order is mailed within which to file exceptions to the
recommendations with the agency head. Transmittal of a recommended order may
be sent by regular mail to the last known address of the party.
(5) The provisions of this section shall not apply in an administrative hearing where the
hearing officer conducts the hearing in the presence of the agency head who renders
a decision without the recommendation of the hearing officer.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 10, effective July 15, 1996. -- Created
1994 Ky. Acts ch. 382, sec. 11, effective July 15, 1996.
Notes of Decisions
Andrew Cooperrider v. Maggie Woods, 127 F.4th 1019 (6th Cir. 2025).
· cites it 2× “Ky. Rev. Stat. § 13B.110(1). The recommended order must be sent to each party, which has fifteen days to file exceptions to the recommendations.”
Rapier v. Philpot, 130 S.W.3d 560 (Ky. 2004).
· cites it 4× “Although I agree with the majority's conclusion that a failure to file exceptions, while not technically a failure to exhaust administrative remedies, permits judicial review of only those issues in the agency's final order that differ from the recommended order; I do not…”
Givens v. Commonwealth, 359 S.W.3d 454 (Ky. Ct. App. 2011).
· cites it 3× “! 3 ] *459 EXCEPTIONS AND APPEAL RIGHTS Pursuant to KRS 13B.110, each party may file written exceptions objecting to any part of this Recommended Order with the Commissioner.”
Ford Contracting, Inc. v. Kentucky Transp. Cabinet, 429 S.W.3d 397 (Ky. Ct. App. 2014).
“120(4) directs the agency head to “render a final order in an administrative hearing within ninety (90) days after”: (a) The receipt of the official record of the hearing in which there was no hearing officer submitting a recommended order under KRS 13B.110; or (b) The hearing…”
Kentucky Ret. Sys. v. Lewis, 163 S.W.3d 1 (Ky. 2005).
“090; KRS 13B.110. The agency head issues the final order and may adopt, reject or modify the hearing officer’s recommended' order, or remand that matter to the hearing officer for further proceedings.”
Parrish v. Commonwealth, 464 S.W.3d 505 (Ky. Ct. App. 2015).
· cites it 2× “” KRS 13B.110(1). Each party then has “fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommendations with the agency head.”
Sangster v. Kentucky Bd. of Med. Licensure, 454 S.W.3d 854 (Ky. Ct. App. 2014).
“ret the evidence of record, are not supported by substantial evidence, or were based upon evidence that should have been excluded; the legal conclusions within the KBML’s order misapply and misinterpret the applicable statutes and the KBML’s own standards for physician conduct;…”
Flint v. Exec. Branch Ethics Comm'n, 981 S.W.2d 132 (Ky. Ct. App. 1998).
“KRS 13B.110(4) states in relevant part as follows: A copy of the hearing officer’s recommended order shall also be sent to each party in the hearing and each party shall have fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the…”
Stephen Knipper v. Governor's Off. (Ky. Ct. App. 2025).
· cites it 2× “03, KRS 13B.110 does provide an alternative way to challenge administrative legal and factual findings before a final administrative resolution.”
Ronnie C. Parker, D.O. v. Kentucky Bd. of Med. Licensure (Ky. Ct. App. 2022).
“KRS 13B.110(1) requires a hearing officer to include in his or her recommended order “findings of fact, conclusion[s] of law, and recommended disposition of the hearing, including recommended penalties, if any.”
— Ky. Rev. Stat. § 13B.110(1) — 7 cases
Rapier v. Philpot, 130 S.W.3d 560 (Ky. 2004).
“Although I agree with the majority's conclusion that a failure to file exceptions, while not technically a failure to exhaust administrative remedies, permits judicial review of only those issues in the agency's final order that differ from the recommended order; I do not…”
Andrew Cooperrider v. Maggie Woods, 127 F.4th 1019 (6th Cir. 2025).
“Ky. Rev. Stat. § 13B.110(1). The recommended order must be sent to each party, which has fifteen days to file exceptions to the recommendations.”
Sangster v. Kentucky Bd. of Med. Licensure, 454 S.W.3d 854 (Ky. Ct. App. 2014).
“ret the evidence of record, are not supported by substantial evidence, or were based upon evidence that should have been excluded; the legal conclusions within the KBML’s order misapply and misinterpret the applicable statutes and the KBML’s own standards for physician conduct;…”
Givens v. Commonwealth, 359 S.W.3d 454 (Ky. Ct. App. 2011).
“! 3 ] *459 EXCEPTIONS AND APPEAL RIGHTS Pursuant to KRS 13B.110, each party may file written exceptions objecting to any part of this Recommended Order with the Commissioner.”
Parrish v. Commonwealth, 464 S.W.3d 505 (Ky. Ct. App. 2015).
“” KRS 13B.110(1). Each party then has “fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommendations with the agency head.”
— Ky. Rev. Stat. § 13B.110(4) — 9 cases
Andrew Cooperrider v. Maggie Woods, 127 F.4th 1019 (6th Cir. 2025).
“Ky. Rev. Stat. § 13B.110(1). The recommended order must be sent to each party, which has fifteen days to file exceptions to the recommendations.”
Givens v. Commonwealth, 359 S.W.3d 454 (Ky. Ct. App. 2011).
“! 3 ] *459 EXCEPTIONS AND APPEAL RIGHTS Pursuant to KRS 13B.110, each party may file written exceptions objecting to any part of this Recommended Order with the Commissioner.”
Parrish v. Commonwealth, 464 S.W.3d 505 (Ky. Ct. App. 2015).
“” KRS 13B.110(1). Each party then has “fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the recommendations with the agency head.”
Flint v. Exec. Branch Ethics Comm'n, 981 S.W.2d 132 (Ky. Ct. App. 1998).
“KRS 13B.110(4) states in relevant part as follows: A copy of the hearing officer’s recommended order shall also be sent to each party in the hearing and each party shall have fifteen (15) days from the date the recommended order is mailed within which to file exceptions to the…”
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