Title 502 | Chapter 045 | Regulation 115
PREVIOUS VERSION
The previous document that this document is based upon is available.
502 KAR 45:115.Appeals.
Section 1.
An applicant who is disqualified or deferred during the application process and who believes the disqualification or deferral was unlawful or that the applicant has been discriminated against because of the applicant's race, religion, sex, age, disability, ethnic origin, or political affiliation may initiate an appeal to the board by filing a statement of appeal in the office of the commissioner.Section 2.
The statement of appeal shall be in writing and shall be dated, signed, and sworn. It shall set forth with particularity the specific acts or omissions that are alleged to be discriminatory or otherwise unlawful. The statement of appeal shall be filed within thirty (30) days of the date of the act or omission which forms the basis for the appeal, or, if more than thirty (30) days have elapsed, within ten (10) days of the date that the applicant received notice or first became aware of the act or omission, if no notice was given.Section 3.
Within thirty (30) days of the receipt of the statement of appeal by the commissioner, the appellant applicant shall receive confirmation the appeal was received and that legal counsel for the department shall file a response which shall be served upon the appellant applicant. No later than sixty (60) days thereafter, the board shall consider the statement of appeal and the response. The board may rule upon the appeal based upon the statement of appeal and response, or it may order a hearing with at least ten (10) days prior notice to the appellant applicant. The appellant applicant may elect to waive, in writing, the ten (10) day notice requirement.Section 4.
The board may employ hearing officers who are attorneys to conduct the hearings and make advisory findings of fact, conclusions of law, and recommendations. At the hearing, the board shall not be bound by rules of order, evidence, or procedure except as it may itself establish.Section 5.
The board shall render a decision within six (6) months of the date of filing of the statement of appeal, and shall enter an order which sets forth the appropriate relief.HISTORY: (19 Ky.R. 2187; Am. 2410; eff. 5-10-1993; 30 Ky.R. 2232; eff. 7-2-2004; 48 Ky.R. 1336, 2411; eff. 5-31-2022.)
FILED WITH LRC: September 7, 2022
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
502 KAR 45:115.Appeals.
Section 1.
An applicantSection 2.
The statement of appeal shall be in writing and shall be dated, signed, and sworn. It shall set forth with particularity the specific acts or omissions that are alleged to be discriminatory or otherwise unlawful. The statement of appeal shall be filed within thirty (30) days of the date of the act or omission which forms the basis for the appeal, or, if more than thirty (30) days have elapsed, within ten (10) days of the date that the applicant received notice or first became aware of the act or omission, if no notice was given.Section 3.
Within thirty (30) days of the receipt of the statement of appeal by the commissioner,Section 4.
The boardSection 5.
The board shall render a decision within six (6) months of the date of filing of the statement of appeal, and shall enter an order which sets forth the appropriate relief.HISTORY: (19 Ky.R. 2187; Am. 2410; eff. 5-10-1993; 30 Ky.R. 2232; eff. 7-2-2004; 48 Ky.R. 1336, 2411; eff. 5-31-2022.)
FILED WITH LRC: September 7, 2022
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.