Ky. Rev. Stat. § 216.567

Manner of appeal -- Decision of hearing officer to be final order of cabinet

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-- Judicial review. (1) The manner in which appeals are presented from any decision on ratings, citations, or penalties pursuant to KRS 216.537 to 216.590 shall be in accordance with KRS Chapter 13B. (2) The Office of Administrative Hearings within the Department of Law shall appoint one (1) or more impartial hearing officers to hear and decide upon appealed decisions and notices of transfer or discharge. The decision of the hearing officer shall be the final order of the cabinet. (3) Any party aggrieved by a final order may seek judicial review by filing a petition in the Franklin Circuit Court in accordance with KRS 13B.140 and 13B.150. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 26, effective July 1, 2025. -- Amended 1996 Ky. Acts ch. 318, sec. 115, effective July 15, 1996. --Created 1982 Ky. Acts ch. 157, sec. 14, effective July 15, 1982.

Notes of Decisions

Cited in 2 cases, 1986–1992 · leading case: Jenny Wiley Health Care Center v. Commonwealth Cabinet for Human Resources

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Jenny Wiley Health Care Center v. Commonwealth Cabinet for Human Resources (1992) ky · cites it 2× “Reasoning that while the twenty-day filing requirement may not be jurisdictional since the appeal was still within the agency, the Court of Appeals found that sections, KRS 216.”

Jones v. Cabinet for Human Resources, Division for Licensure & Regulations (1986) kyctapp “Therefore, the Court ruled the statute was constitutional. In the instant case, guidelines describing the prohibited conduct are contained in KRS 216.”

— Ky. Rev. Stat. § 216.567(1) — 1 case

Jenny Wiley Health Care Center v. Commonwealth Cabinet for Human Resources (1992) ky “Reasoning that while the twenty-day filing requirement may not be jurisdictional since the appeal was still within the agency, the Court of Appeals found that sections, KRS 216.”

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