Kentucky Administrative Regulations
Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS
Chapter 50 - Airport Zoning Commission
Section 602 KAR 50:120 - Reconsideration and administrative hearing procedures
Universal Citation: 602 KY Admin Regs Service 50:120
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 183.871
NECESSITY, FUNCTION, AND CONFORMITY: To provide for general procedures for a request for reconsideration and for the conduct of all hearings on any petition to the commission.
Section 1. Request for reconsideration of an action taken by the commission shall be as follows:
(1) A person
who wishes to provide additional information, further explain the information
previously presented to the commission, request reconsideration, or otherwise
discuss a matter with the commission shall notify the administrator of his
intention to attend a meeting of the commission.
(2) The notice shall be in writing and filed
within thirty (30) days of the mailing of the document formalizing the
commission's action to appropriate parties.
(3) The administrator shall place the issue
on the agenda for the next commission meeting at which he is able to provide to
all interested parties a ten (10) day written notice of the placement of the
issue on the agenda of the commission.
Section 2. Request for a hearing shall be accomplished as follows:
(1) A person
aggrieved by an action taken by the commission with respect to any application
for a permit, request for adoption of airport zoning map, notice of violation,
or any orders or rulings issued pursuant to the commission's administrative
regulations may petition the commission in writing for an administrative
hearing.
(2) The petition, which
may be in the form of a letter, shall identify the action taken by the
commission for which a hearing is sought and it shall state specifically the
grounds for the request in addition to a statement of the relief
desired.
(3) The petition shall be
filed within thirty (30) days of the mailing of the document formalizing the
commission's action to appropriate parties or if the person requested the
opportunity to appear before the commission, within thirty (30) days of the
action taken by the commission after the petitioner's appearance before the
commission. The document may be executed by either the administrator or the
chairman of the commission.
(4)
Once a petition for a hearing is received, the administrator shall notify all
other interested parties of the receipt of the petition for a hearing. Other
interested parties may include but shall not be limited to the applicant, local
zoning body, local air board, airport owner and other identifiable person or
persons who exhibit an interest in the commission's decision.
(5) The administrator shall request the
Transportation Cabinet's Office of General Counsel to assign a hearing officer.
The hearing and subsequent actions shall conform to the requirements of KRS
Chapter 13B.
Section 3.
(1) If the commission deems it in the best
interest of the public, it may require that a public discussion of an issue
under consideration be conducted prior to taking any action on an application,
permit, zoning map, or other item before the commission for
consideration.
(2) The
administrator shall, at least ten (10) days prior to the meeting, notify all
interested parties of the date, time, and location of the commission meeting at
which the public discussion will take place.
(3) An action rendered by the commission as a
result of a public discussion conducted under this subsection shall constitute
a final agency action from which an appeal may be taken pursuant to Section 2
of this administrative regulation.
STATUTORY AUTHORITY: KRS 183.861
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