205.231 Appeals -- Hearing officers -- Appeal board -- Procedure. - Kentucky Statutes

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205.231 Appeals -- Hearing officers -- Appeal board -- Procedure. (1) The secretary shall appoint one (1) or more impartial hearing officers to hear and decide upon appealed decisions. (2) Any applicant or recipient who is dissatisfied with the decision or delay in action on his application for public assistance or the amount granted to him may appeal to a
hearing officer, except that an appeal and a hearing need not be granted if the sole
issue is a federal or state law requiring an automatic change adversely affecting
some or all recipients of the Kentucky medical assistance program so long as
advance notice of the change, with an explanation of appeal rights, is provided to all
affected recipients. However, a recipient may appeal whether the cabinet is
accurately interpreting a change in federal or state law which may adversely affect
the recipient. On receipt of an appeal, an administrative hearing shall be conducted
in accordance with KRS Chapter 13B. (3) The secretary may appoint an Appeal Board for Public Assistance composed of the secretary and two (2) other members. The secretary shall be chairman, and he and
one (1) other member constitute a quorum. (4) Any applicant or recipient who is dissatisfied with the decision of a hearing officer may appeal to the appeal board in the manner and form prescribed by administrative
regulation. The board may on its own motion affirm, modify, or set aside any
decision of a hearing officer on the basis of the evidence previously submitted in the
case, or direct the taking of additional evidence, or may permit any of the parties to
the decision to initiate further appeals before it. The board may remove itself or
transfer to another hearing officer the proceedings on any appeal pending before a
hearing officer. The board shall promptly notify the parties to any proceedings of its
findings and decisions. (5) The manner in which appeals are presented and hearings and appeals conducted under subsection (4) of this section shall be in accordance with administrative
regulations promulgated by the secretary. (6) After a decision by the appeal board, any party aggrieved by the decision may seek judicial review of the decision by filing a petition in the Circuit Court of the county
in which the petitioner resides, in accordance with KRS 13B.140, 13B.150, and
13B.160. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 96, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 436, sec. 1, effective July 14, 1992. -- Amended 1980 Ky. Acts
ch. 188, sec. 194, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 107(21). -- Amended 1972 Ky. Acts ch. 256, sec. 10. -- Created 1964 Ky. Acts
ch. 89, sec. 1.