Kentucky Statutes 205.915 – Appeal of decision by aggrieved party
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(1) Within thirty (30) days of any recommendation of any decision by the cabinet, an aggrieved party may appeal. The secretary shall appoint one (1) or more trained hearing officers to hear and decide the appeal.
(2) Any party who is dissatisfied with the decision of the hearing officer may appeal to the appeal board. The board may on its own motion affirm, modify or set aside any decision of a hearing officer on the basis of evidence previously submitted or may direct the taking of additional evidence or may permit any party to initiate further appeals before it. The board shall notify promptly the parties of its findings and decisions.
(3) The manner in which appeals are presented and hearings and appeals conducted shall be in accordance with regulations prescribed by the secretary for determining the rights of parties, such hearings to be conducted in a summary manner. A complete record shall be kept of all proceedings in connection with any appeal. All testimony at any hearing upon an appeal shall be recorded either stenographically or mechanically. No hearing officer or member of the board shall participate in any hearing in which he is an interested party.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 168, sec. 4, effective July 13, 1984.
(2) Any party who is dissatisfied with the decision of the hearing officer may appeal to the appeal board. The board may on its own motion affirm, modify or set aside any decision of a hearing officer on the basis of evidence previously submitted or may direct the taking of additional evidence or may permit any party to initiate further appeals before it. The board shall notify promptly the parties of its findings and decisions.
Terms Used In Kentucky Statutes 205.915
- 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.
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) The manner in which appeals are presented and hearings and appeals conducted shall be in accordance with regulations prescribed by the secretary for determining the rights of parties, such hearings to be conducted in a summary manner. A complete record shall be kept of all proceedings in connection with any appeal. All testimony at any hearing upon an appeal shall be recorded either stenographically or mechanically. No hearing officer or member of the board shall participate in any hearing in which he is an interested party.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 168, sec. 4, effective July 13, 1984.