Kentucky Statutes 13B.100 – Prohibited communications
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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.
(2) The prohibition stated in subsection (1) shall not apply to:
Terms Used In Kentucky Statutes 13B.100
- 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. See Kentucky Statutes 13B.010
- 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. See Kentucky Statutes 13B.010
- 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. See Kentucky Statutes 13B.010
- Party: means :
(a) The named person whose legal rights, duties, privileges, or immunities are being adjudicated in the administrative hearing. See Kentucky Statutes 13B.010 - Statute: A law passed by a legislature.
(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.