Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 13B, 194A.050, 211.170(1), 211.1755,
212.170, 212.870
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet.
KRS
211.1755 requires the Cabinet to promulgate
administrative regulations establishing the policies and procedures for the
local health department personnel program. This administrative regulation
establishes the disciplinary appeal process for employees.
Section 1. Appeals.
(1) An employee with status who is demoted
according to
902
KAR 8:090, Section 3(1)(c), suspended, or dismissed
shall have the right to appeal the action. The appeal shall be:
(a) In writing, on a form CH-41 "Request for
Appeal"; and
(b) Filed with or
mailed to the department by certified mail, return receipt requested within
fifteen (15) days of the demotion, suspension, or dismissal.
(2) An eligible whose name has
been removed from a register for any of the reasons specified in
902
KAR 8:070, Section 4(5)(a) through (i) may appeal the
action. The appeal shall be mailed to the department within thirty (30) days
after the date on which the notification of removal was mailed to the
eligible.
(3) An applicant or
employee may appeal within thirty (30) days of the alleged discrimination if he
or she believes that they have been discriminated against in a personnel action
in violation of
KRS
344.040.
(4) An appeal shall be conducted in
accordance with Section 2 of this administrative
regulation.
Section 2.
Hearing Process.
(1) The department shall
schedule an administrative hearing upon an appeal to be held within sixty (60)
days of receipt of the Request for Appeal. Notice of the hearing and conduct of
the proceedings shall be in accordance with the requirements of KRS Chapter
13B.
(2) The hearing shall be
conducted by a designated hearing officer.
(3) The hearing officer shall:
(a) Make findings of fact and conclusions of
law; and
(b) Issue a recommended
order to each party.
(4)
Each party shall have fifteen (15) days from the date of the recommended order
to file exceptions to the recommendations with the cabinet.
(5) The secretary of the cabinet shall issue
a final order in accordance with
KRS
13B.120.
Section 3. Incorporation by Reference.
(1) "Request for Appeal", form CH-41,
September 2018, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, Division of Administration and Financial Management, 275 East Main
Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.1755
