Terms Used In Kentucky Statutes > Chapter 13B - Administrative Hearings

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• Articles of association: means the articles of association of a limited cooperative association required by KRS §. See Kentucky Statutes 272A.1-020
• Bylaws: means the bylaws of a limited cooperative association. See Kentucky Statutes 272A.1-020
• Commissioner: means the commissioner of the Department of Financial
  Institutions. See Kentucky Statutes 286.1-010
• Constituent entity: means an entity that is a party to a merger. See Kentucky Statutes 272A.16-010
• Converting entity: means a foreign entity that converts into a limited cooperative association pursuant to KRS §. See Kentucky Statutes 272A.16-010
• Cooperative: means a limited cooperative association or an entity organized under any cooperative law of any jurisdiction. See Kentucky Statutes 272A.1-020
• Department: means the Department of Financial Institutions. See Kentucky Statutes 286.1-010
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Administrative Hearings in the Office of the
  Attorney General created pursuant to KRS §. See Kentucky Statutes 13B.010
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means an entity or a foreign entity, both as defined in KRS §. See Kentucky Statutes 272A.1-020
• Final order: means the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form. See Kentucky Statutes 13B.010
• Foreign entity: has the meaning set forth in KRS §. See Kentucky Statutes 272A.16-010
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Member: means a person that is admitted as a patron member or investor member, or both, in a limited cooperative association. See Kentucky Statutes 272A.1-020
• Members meeting: means an annual members meeting or special meeting of members. See Kentucky Statutes 272A.1-020
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Organic law: means the statute providing for the creation of an entity or principally governing its internal affairs. See Kentucky Statutes 272A.1-020
• 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
• Person: means a natural person, or any type or form of corporation, company, partnership, proprietorship, association, or other legal entity. See Kentucky Statutes 286.1-010
• Personal liability: means personal liability for a debt, liability, or other obligation of an entity imposed, by operation of law or otherwise, on a person that co-owns or has an interest in the entity:
  (a) By the entity's organic law solely because of the person co-owning or having an interest in the entity. See Kentucky Statutes 272A.16-010
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Recommended order: means the whole or part of a preliminary hearing report to an agency head for the disposition of an administrative hearing. See Kentucky Statutes 13B.010
• Secretary: means the officer designated pursuant to KRS §. See Kentucky Statutes 272A.1-020
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 272A.1-020
• Surviving entity: means an entity into which one (1) or more other entities are merged, whether the entity existed before the merger or is created by the merger. See Kentucky Statutes 272A.16-010
• Voting power: means the total current power of members to vote on a particular matter for which a vote may or is to be taken. See Kentucky Statutes 272A.1-020