Section 13B.120 - Final order(1) In making the final order, the agency head shall consider the record including the recommended order and any exceptions duly filed to a recommended order.(2) The agency head may accept the recommended order of the hearing officer and adopt it as the agency's final order, or it may reject or modify, in whole or in part, the recommended order, or it may remand the matter, in whole or in part, to the hearing officer for further proceedings as appropriate.(3) The final order in an administrative hearing shall be in writing and stated in the record. If the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law. The final order shall also include the effective date of the order and a statement advising parties fully of available appeal rights.(4) Except as otherwise required by federal law, the agency head shall render a final order in an administrative hearing within ninety (90) days after: (a) The receipt of the official record of the hearing in which there was no hearing officer submitting a recommended order under KRS 13B.110; or(b) The hearing officer submits a recommended order to the agency head, unless the matter is remanded to the hearing officer for further proceedings.(5) Unless waived by the party, a copy of the final order shall be transmitted to each party or to his attorney of record in the same manner as provided in KRS 13B.050.(6) This section shall not apply to disposition pursuant to KRS 13B.070(3).(7) If, pursuant to statute, an agency may review the final order of another agency, the review is deemed to be a continuous proceeding as if before a single agency. The final order of the first agency is treated as a recommended order and the second agency functions as though it were reviewing a recommended order in accordance with this section.Effective:7/15/1996
Amended 1996, Ky. Acts ch. 318, sec. 11, effective7/15/1996. -- Created 1994 Ky. Acts ch. 382, sec. 12, effective7/15/1996.