RELATES TO: KRS Chapter 13B, 211.180, 211.190, 211.210,
211.357, 211.360, 211.760, 211.844, 211.870, 211.925, 211.964, 212.170,
212.210, 212.230, 212.620, 212.627, 216.920, 217.075, 217.126, 217.809,
217.950, 217C.040, 217C.050, 219.031, 219.370, 223.070, 7 C.F.R. 246
NECESSITY, FUNCTION, AND CONFORMITY: Executive Order 96-862,
effective July 2, 1996, reorganizes the Cabinet for Human Resources and places
the Department for Public Health with the Cabinet for Health Services. KRS
Chapter 13B establishes a uniform procedure to be followed by administrative
agencies in conducting agency hearings. The function of this administrative
regulation is to establish, consistent with the requirements of KRS Chapter
13B, the procedures to be followed by the Department for Public Health in
hearing appeals of actions taken under the public health laws of the
Commonwealth.
Section 1. Scheduling the
Conference.
(1) The Department for Public
Health shall provide the opportunity for a conference to any regulated entity
aggrieved by any action of the Department for Public Health by issuing a notice
of proposed action by letter or by use of Form DFS-214.
(2) The notice of action by the department
shall contain:
(a) A description of the
proposed action or action taken;
(b) The reasons for the action;
(c) The statutory or regulatory authority by
which action is taken; and
(d) An
explanation of the right to a conference if requested within ten (10) days of
the date of mailing by letter or by use of Form DFS-212.
(e) Notice of conference time, date and place
shall be made by letter to the requester's last known address or by use of Form
DFS-213.
Section
2. Conference.
(1) The conference
shall be conducted by a representative of the agency taking the
action.
(2) During the course of
the conference, the appellant may:
(a) Be
represented by counsel;
(b) Cross
examine witnesses against him; and
(c) Present evidence in his favor.
(3) The purpose of the conference
is to:
(a) Clarify the position of the
parties; and
(b) To resolve any
dispute over the pending action.
Section 3. Conference Report.
(1) Within five (5) days of the conclusion of
the conference, the agency representative shall issue a report to the
administrative agency detailing any settlement of the action
appealed.
(2) The report shall
contain the appellant's further right to appeal pursuant to KRS Chapter 13B and
a copy of the report shall be mailed to the appellant's last known
address.
Section 4.
Appeals.
(1) The appellant may file an appeal
with the Cabinet for Health Services within ten (10) days of receipt of the
conference report by mailing a letter of appeal to the Commissioner for Public
Health, Department for Public Health, 275 East Main Street, Frankfort, Kentucky
40621.
(2) Upon receipt of an
appeal, the commissioner shall set the date, time and place for the hearing
requested.
(3) The notice of appeal
hearing shall conform to
KRS
13B.050;
(4) The appeal hearing shall be conducted by
a hearing officer appointed by the secretary and in accordance with
KRS 13B.080,
13B.090,
and
13B.110.
(5) An official record of the appeal hearing
complying with
KRS
13B.130 shall be retained by the Cabinet for
Health Services.
(6) The secretary
shall issue a final order complying with the requirements of
KRS
13B.120.
Section 5. Nothing in this administrative
regulation shall be construed to prevent the Department for Public Health from
taking emergency action to protect the public health and safety under the
provisions of
KRS
13B.125.
Section 6. Material Incorporated by
Reference.
(1) The following material is
incorporated by reference:
(a) DFS-212,
revised 10/96;
(b) DFS-213, revised
8/96;
(c) DFS-214, revised
8/96.
(2) This material
may be inspected, copied or obtained at the Department for Public Health, 275
East Main Street, Frankfort, Kentucky 40621. Office hours are 8 a.m. to 4:30
p.m.
