400 KAR 1:001.

Definitions for 400 KAR Chapter 1.

 

      RELATES TO: KRS

146.450, 146.530, 146.990, 151.125, 151.182, 151.184, 223.200, 223.420,

223.991, 224.10-270, 224.10-410, 224.10-420, 224.10-430, 224.10-440,

224.20-755(7), 224.60-130, 224.60-140, 350.028, 350.0301, 350.070, 350.090,

350.093, 350.130, 350.255, 350.465, 350.990, 30 C.F.R. Parts 724, 730, 731,

732, 733, 735, 917, 30 U.S.C. 1253, 1255

      STATUTORY

AUTHORITY: KRS Chapter 13A, 146.450, 146.990, 151.125, 223.200, 223.991,

224.10-100, 224.10-420, 224.10-430, 224.60-120, 350.020, 350.028, 350.0301,

350.465, 350.610, 30 C.F.R. Parts 724 730, 724, 731, 732, 733, 735, 917, 30

U.S.C. 1253, 1255

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part authorizes the

cabinet to promulgate administrative regulations pertaining to surface coal

mining and reclamation operations and coal exploration operations. KRS Chapters

224 and portions of KRS Chapters 146 and 223 in pertinent part authorize the

cabinet to promulgate administrative regulations pertaining to the conduct of

administrative hearings concerning matters covered by KRS Chapters 146, 223,

and 224. KRS Chapter 151 in pertinent part authorizes the secretary to

promulgate, without notice or hearings administrative regulations with respect

to procedural aspects of administrative hearings. This administrative

regulation provides for defining of certain essential terms used in 400 KAR

Chapter 1.

 

      Section 1.

Definitions. As used in this chapter, the following terms shall have the

following meanings:

      (1)

"Administrative hearing" means a formal adjudicatory hearing

conducted before the cabinet pursuant to KRS Chapter 146, 151, 223, 224, or

350.

      (2)

"Cabinet" is defined in KRS 151.100, 223.400, 224.01-010 and 350.010.

      (3) "Chief

hearing officer" means the individual duly qualified and designated by the

secretary as the chief hearing officer of the office.

      (4)

"Defendant" means any person against whom a claim is made in any

action filed in the office and includes any person so designated in the caption

of an initiating document; term is interchangeable with "respondent".

      (5)

"Hearing officer" means the individual duly qualified and assigned as

presiding officer to conduct administrative hearings; term includes the chief

hearing officer.

      (6) "Initiating

document" means a petition for administrative hearing, an administrative

complaint, a show cause order or other document which commences an

administrative proceeding.

      (7)

"Office" means the office of administrative hearings.

      (8)

"Party" means the named person whose legal rights, duties,

privileges, or immunities are being adjudicated in the administrative hearing,

or any other person who is duly granted intervention in the administrative

hearing, and includes any agency named as a party to the adjudicatory

proceeding or entitled or permitted by law to participate fully in the

administrative hearing.

      (9)

"Person" is defined in KRS 151.100, 224.01-010 and 350.010.

      (10)

"Petitioner" means the party filing an initiating document in an

action before the office; term is interchangeable with "plaintiff".

      (11)

"Plaintiff" means the party filing an initiating document in an

action before the office; term is interchangeable with "petitioner".

      (12)

"Pleading" means the initiating document, the answer, and any other

responsive pleading ordered by a hearing officer or authorized by

administrative regulation.

      (13)

"Record" means the transcript of a proceeding, if any, and rulings;

and all pleadings, motions, responses, replies and rulings; documentary and physical

evidence received or considered; a statement of matters officially noticed;

questions and offers of proof, objections and rulings thereon; proposed

findings and recommended orders; and legal briefs and orders.

      (14)

"Respondent" means any person against whom a claim is made in any

action filed in the office and includes any person so designated in the caption

of an initiating document; term is interchangeable with "defendant".

      (15)

"Responsive pleading" means the answer or any document required or

authorized by administrative regulation or a hearing officer to be filed in

response to a pleading.

      (16)

"Secretary" is defined in KRS 146.210, 151.100, 223.400, 224.01-010

and 350.010. (21 Ky.R. 718; eff. 12-12-94.)