Kentucky Statutes 205.231 – Appeals — Hearing officers — Appeal board — Procedure
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(1) The secretary shall appoint one (1) or more impartial hearing officers to hear and decide upon appealed decisions.
(2) Any applicant or recipient who is dissatisfied with the decision or delay in action on his or her application for public assistance or the amount granted to him or her and any applicant or recipient who was deemed ineligible or disqualified from public assistance benefits under KRS § 205.193 or 205.200 may appeal to a hearing officer, except that an appeal and a hearing need not be granted if the sole issue is a federal or state law requiring an automatic change adversely affecting some or all recipients of the Kentucky medical assistance program so long as advance notice of the change, with an explanation of appeal rights, is provided to all affected recipients. However, a recipient may appeal whether the cabinet is accurately interpreting a change in federal or state law which may adversely affect the recipient. On receipt of an appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(3) The secretary may appoint an Appeal Board for Public Assistance composed of the secretary and two (2) other members. The secretary shall be chairman, and he or she and one (1) other member constitute a quorum.
(4) Any applicant or recipient who is dissatisfied with the decision of a hearing officer may appeal to the appeal board in the manner and form prescribed by administrative regulation. The board may on its own motion affirm, modify, or set aside any decision of a hearing officer on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, or may permit any of the parties to the decision to initiate further appeals before it. The board may remove itself or transfer to another hearing officer the proceedings on any appeal pending before a hearing officer. The board shall promptly notify the parties to any proceedings of its findings and decisions.
(5) The manner in which appeals are presented and hearings and appeals conducted under subsection (4) of this section shall be in accordance with administrative regulations promulgated by the secretary.
(6) After a decision by the appeal board, any party aggrieved by the decision may seek judicial review of the decision by filing a petition in the Circuit Court of the county in which the petitioner resides, in accordance with KRS § 13B.140, 13B.150, and
13B.160.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 211, sec. 17, effective July 14, 2022. — Amended
1996 Ky. Acts ch. 318, sec. 96, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 436, sec. 1, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 188, sec. 194, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). — Amended 1972 Ky. Acts ch. 256, sec. 10. — Created 1964 Ky. Acts ch. 89, sec. 1.
(2) Any applicant or recipient who is dissatisfied with the decision or delay in action on his or her application for public assistance or the amount granted to him or her and any applicant or recipient who was deemed ineligible or disqualified from public assistance benefits under KRS § 205.193 or 205.200 may appeal to a hearing officer, except that an appeal and a hearing need not be granted if the sole issue is a federal or state law requiring an automatic change adversely affecting some or all recipients of the Kentucky medical assistance program so long as advance notice of the change, with an explanation of appeal rights, is provided to all affected recipients. However, a recipient may appeal whether the cabinet is accurately interpreting a change in federal or state law which may adversely affect the recipient. On receipt of an appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Terms Used In Kentucky Statutes 205.231
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Public assistance: means money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and totally disabled persons, needy children, or persons with whom a needy child lives or a family containing a combination of these categories, except that the term shall not be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion. See Kentucky Statutes 205.010
- Quorum: The number of legislators that must be present to do business.
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The secretary may appoint an Appeal Board for Public Assistance composed of the secretary and two (2) other members. The secretary shall be chairman, and he or she and one (1) other member constitute a quorum.
(4) Any applicant or recipient who is dissatisfied with the decision of a hearing officer may appeal to the appeal board in the manner and form prescribed by administrative regulation. The board may on its own motion affirm, modify, or set aside any decision of a hearing officer on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, or may permit any of the parties to the decision to initiate further appeals before it. The board may remove itself or transfer to another hearing officer the proceedings on any appeal pending before a hearing officer. The board shall promptly notify the parties to any proceedings of its findings and decisions.
(5) The manner in which appeals are presented and hearings and appeals conducted under subsection (4) of this section shall be in accordance with administrative regulations promulgated by the secretary.
(6) After a decision by the appeal board, any party aggrieved by the decision may seek judicial review of the decision by filing a petition in the Circuit Court of the county in which the petitioner resides, in accordance with KRS § 13B.140, 13B.150, and
13B.160.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 211, sec. 17, effective July 14, 2022. — Amended
1996 Ky. Acts ch. 318, sec. 96, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 436, sec. 1, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 188, sec. 194, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). — Amended 1972 Ky. Acts ch. 256, sec. 10. — Created 1964 Ky. Acts ch. 89, sec. 1.