Kentucky Administrative Regulations
Title 500 - JUSTICE AND PUBLIC SAFETY CABINET
Chapter 1 - Peace Officer Death Benefits
Section 500 KAR 1:030 - Request for hearing
Universal Citation: 500 KY Admin Regs Service 1:030
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 61.315
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation provides the procedures applicable to a claimant who desires to request a hearing concerning claimant's eligibility for benefits paid on death of a police officer who has died in the line of duty pursuant to KRS 61.315(4).
Section 1. Administrative Review.
(1) A claimant may, within thirty (30) days after
notification of ineligibility by the office of the secretary, request hearing before
the secretary to review the claimant's request for death benefits. A request for a
hearing shall be filed in writing with the office of the secretary within thirty
(30) days of the date of the notice of ineligibility and shall set forth the
exceptions taken to the initial determination of ineligibility.
(2) The hearing shall be held within sixty (60)
days of receipt of the request for a hearing and shall be conducted by the secretary
or the secretary's designated hearing officer. If a hearing officer conducts the
hearing, the hearing officer shall submit findings of fact, conclusions of law and a
recommended decision to the secretary. The hearing shall be held at a time and place
designated by the secretary or the designated hearing officer with written notice
being sent to the claimant and the cabinet's representative, if any.
(3) The hearing shall provide the claimant and the
cabinet's representative, if any, with an opportunity to be heard publicly, to be
represented by counsel, to put on proof by sworn witnesses, certified records,
affidavits, exhibits or other evidence as the hearing officer or secretary may
determine to be required or useful in evaluating the claim. The claimant shall have
the opportunity to cross-examine or rebut adverse testimony or evidence. The hearing
shall be recorded and the original of the complete transcript shall be made a part
of the claims record at claimant's cost, if requested by the claimant to be
transcribed.
(4) Failure of the claimant
or claimant's representative to appear at the hearing shall be deemed an abandonment
of the claimant's request for a review of the decision adverse to the claimant's
request for benefits unless within ten (10) days of the hearing good cause is shown
to the secretary or the hearing officer for failure to appear by means of affidavit
filed with the secretary.
(5) The
secretary or hearing officer designated may, whenever necessary, administer oaths,
examine witnesses or continue the hearing to facilitate the receipt of
evidence.
(6) The claimant shall bear
the burden of proof by substantial, reliable and probative evidence.
(7) No payment of any portion of a death benefit
shall be made until all determinations, hearings and reviews which may affect that
payment have been completed.
(8) In
conducting the hearing, the secretary or hearing officer shall not be bound by
common law or statutory rules of evidence or by technical or formal rules of
procedures, but must conduct the hearing in such a manner as to best ascertain the
rights of the claimant. The secretary or hearing officer may additionally schedule a
prehearing conference upon its own motion or motion of the party to consider such
matters that will aid in the simplification of the hearing or avoidance of costly or
unnecessary proof or manner for presenting proof.
(9) Within sixty (60) days following the hearing,
the secretary shall issue a written opinion, containing findings of facts and
conclusions of law to support the decision. A copy of the decision shall be provided
to all parties at their last known address. The decision of the secretary shall be
the final decision of the cabinet.
(10)
Upon a favorable decision to claimant, which has become final, payment shall be made
to the claimant as soon thereafter as practicable, with the Justice Cabinet
presenting the claim to the State Treasurer within five (5) working days.
STATUTORY AUTHORITY: KRS 61.315(4)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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