Ky. Rev. Stat. » Chapter 13B

Ky. Rev. Stat. § 13B.120

Final order

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(1) In making the final order, the agency head shall consider the record including the recommended order and any exceptions duly filed to a recommended order. (2) The agency head may accept the recommended order of the hearing officer and adopt it as the agency's final order, or it may reject or modify, in whole or in part, the recommended order, or it may remand the matter, in whole or in part, to the hearing officer for further proceedings as appropriate. (3) The final order in an administrative hearing shall be in writing and stated in the record. If the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law. The final order shall also include the effective date of the order and a statement advising parties fully of available appeal rights. (4) Except as otherwise required by federal law, the agency head shall 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 officer submits a recommended order to the agency head, unless the matter is remanded to the hearing officer for further proceedings. (5) Unless waived by the party, a copy of the final order shall be transmitted to each party or to his attorney of record in the same manner as provided in KRS 13B.050. (6) This section shall not apply to disposition pursuant to KRS 13B.070(3). (7) If, pursuant to statute, an agency may review the final order of another agency, the review is deemed to be a continuous proceeding as if before a single agency. The final order of the first agency is treated as a recommended order and the second agency functions as though it were reviewing a recommended order in accordance with this section. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 11, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 12, effective July 15, 1996.

Notes of Decisions
Cited in 25 cases (11 in the last 5 years), 2001–2026 · leading case: Andrew Cooperrider v. Maggie Woods
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Andrew Cooperrider v. Maggie Woods (2025) ca6 · cites it 5× “Ky. Rev. Stat. § 13B.120(1)– (2). The agency heads then issue a final order, “in writing and stated in the record”; “[i]f the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law.”
Ford Contracting, Inc. v. Kentucky Transportation Cabinet (2014) kyctapp · cites it 4× “KRS 13B.120 places no limitation on the agency head to issue a final order within ninety days, or any other designated timeframe, following remand from the circuit court.”
Rapier v. Philpot (2004) ky · cites it 4× “" KRS 13B.120. Thus, the filing of exceptions under a Chapter 13B administrative proceeding is not a prerequisite to obtaining administrative review of a hearing officer's recommended order.”
Commonwealth, Cabinet for Health & Family Services v. Rivervalley Behavioral Health (2014) kyctapp · cites it 4× “The Secretary’s Final Order, Petitioners argue, should be reversed as it is not based on substantial evidence, failed to comply with KRS § 13B.120(1), and failed to consider the decision in Northkey and relevant regulations requiring rebasing and inflation adjustments.”
Faust v. Commonwealth (2004) ky · cites it 2× “No separate findings of fact or conclusions of law accompanied the Personnel Board's order, as required by KRS 13B.120(3). The only indication of the Personnel Board's possible reasoning for deleting the hearing officer's recommended order comes from a reference to a layoff…”
Herndon v. Herndon (2004) ky · cites it 2× “030; KRS 13B.120. 14 . Linkous v. Darch, Ky., 323 S.”
Board of Trustees v. Grant (2008) kyctapp · cites it 2× “110(1); KRS 13B.120(2), (3). KERS also argues that the circuit court failed to properly apply the doctrine of estoppel against a state agency.”
Parrish v. Commonwealth (2015) kyctapp · cites it 3× “KRS 13B.120. “The agency head may accept the recommended order of the hearing officer and adopt it as the agency’s final order, or it may reject or modify, in whole or in part, the recommended order, or it may remand the matter, .”
Kentucky Retirement Systems v. Lewis (2005) ky “KRS 13B.120. KRS 13B.140(1) provides that all final orders of an agency are subject to judicial review.”
Commonwealth, Labor Cabinet v. Hasken (2007) kyctapp “” Furthermore, the circuit court noted that the Secretary failed to comply with KRS 13B.120(3) which required the Secretary to include separate findings of fact justifying deviation from the recommended order.”
Givens v. Commonwealth (2011) kyctapp “KRS 13B.120(2), (3). We cannot set aside those findings lightly.”
N. Ky. Mental Health-Mental Retardation Reg'l Bd., Inc. v. Commonwealth (2017) kyctapp “Pursuant to KRS 13B.120(4)(b), the Secretary is required to issue a final order within ninety days after submission of a Hearing Officer's Recommended Order.”
Show all 25 citing cases →
— Ky. Rev. Stat. § 13B.120(1) — 3 cases
Andrew Cooperrider v. Maggie Woods (2025) ca6 “Ky. Rev. Stat. § 13B.120(1)– (2). The agency heads then issue a final order, “in writing and stated in the record”; “[i]f the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law.”
Commonwealth, Cabinet for Health & Family Services v. Rivervalley Behavioral Health (2014) kyctapp “The Secretary’s Final Order, Petitioners argue, should be reversed as it is not based on substantial evidence, failed to comply with KRS § 13B.120(1), and failed to consider the decision in Northkey and relevant regulations requiring rebasing and inflation adjustments.”
Onyinyechi R. Uradu, Md v. Kentucky Board of Medical Licensure (2021) kyctapp
— Ky. Rev. Stat. § 13B.120(2) — 9 cases
Andrew Cooperrider v. Maggie Woods (2025) ca6 “Ky. Rev. Stat. § 13B.120(1)– (2). The agency heads then issue a final order, “in writing and stated in the record”; “[i]f the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law.”
Board of Trustees v. Grant (2008) kyctapp “110(1); KRS 13B.120(2), (3). KERS also argues that the circuit court failed to properly apply the doctrine of estoppel against a state agency.”
Rapier v. Philpot (2004) ky “" KRS 13B.120. Thus, the filing of exceptions under a Chapter 13B administrative proceeding is not a prerequisite to obtaining administrative review of a hearing officer's recommended order.”
Givens v. Commonwealth (2011) kyctapp “KRS 13B.120(2), (3). We cannot set aside those findings lightly.”
Commonwealth, Cabinet for Health & Family Services v. Rivervalley Behavioral Health (2014) kyctapp “The Secretary’s Final Order, Petitioners argue, should be reversed as it is not based on substantial evidence, failed to comply with KRS § 13B.120(1), and failed to consider the decision in Northkey and relevant regulations requiring rebasing and inflation adjustments.”
— Ky. Rev. Stat. § 13B.120(3) — 8 cases
Andrew Cooperrider v. Maggie Woods (2025) ca6 “Ky. Rev. Stat. § 13B.120(1)– (2). The agency heads then issue a final order, “in writing and stated in the record”; “[i]f the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law.”
Faust v. Commonwealth (2004) ky “No separate findings of fact or conclusions of law accompanied the Personnel Board's order, as required by KRS 13B.120(3). The only indication of the Personnel Board's possible reasoning for deleting the hearing officer's recommended order comes from a reference to a layoff…”
Rapier v. Philpot (2004) ky “" KRS 13B.120. Thus, the filing of exceptions under a Chapter 13B administrative proceeding is not a prerequisite to obtaining administrative review of a hearing officer's recommended order.”
Herndon v. Herndon (2004) ky “030; KRS 13B.120. 14 . Linkous v. Darch, Ky., 323 S.”
Commonwealth, Labor Cabinet v. Hasken (2007) kyctapp “” Furthermore, the circuit court noted that the Secretary failed to comply with KRS 13B.120(3) which required the Secretary to include separate findings of fact justifying deviation from the recommended order.”
— Ky. Rev. Stat. § 13B.120(4) — 3 cases
Ford Contracting, Inc. v. Kentucky Transportation Cabinet (2014) kyctapp “KRS 13B.120 places no limitation on the agency head to issue a final order within ninety days, or any other designated timeframe, following remand from the circuit court.”
Imelda Curtin v. Commonwealth of Kentucky Cabinet for Health and Family Services (2021) kyctapp
Malloy Oil, LLC v. Kentucky Labor Cabinet, Department of Workplace Standards (2023) kyctapp
— Ky. Rev. Stat. § 13B.120(4)(b) — 3 cases
Rapier v. Philpot (2004) ky “" KRS 13B.120. Thus, the filing of exceptions under a Chapter 13B administrative proceeding is not a prerequisite to obtaining administrative review of a hearing officer's recommended order.”
N. Ky. Mental Health-Mental Retardation Reg'l Bd., Inc. v. Commonwealth (2017) kyctapp “Pursuant to KRS 13B.120(4)(b), the Secretary is required to issue a final order within ninety days after submission of a Hearing Officer's Recommended Order.”
Malloy Oil, LLC v. Kentucky Labor Cabinet, Department of Workplace Standards (2023) kyctapp
— Ky. Rev. Stat. § 13B.120(5) — 1 case
Commonwealth of Kentucky Cabinet for Health and Family Services v. Rebecca Yeager as Next Friend of Emaree Yeager (2021) kyctapp
— Ky. Rev. Stat. § 13B.120(7) — 1 case
Professional Learning Institute, LLC v. Commonwealth of Kentucky, Kentucky Real Estate Authority (2025) kyctapp
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