401 Kar 42:320. Hearings

Link to law: http://www.lrc.ky.gov/kar/401/042/320.htm
Published: 2015

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      401 KAR 42:320.




224.10-410 -224.10-470, 224.60


AUTHORITY: KRS 224.10-100(28), 224.60-130(1)(f)


FUNCTION, AND CONFORMITY: KRS 224.10-100(28) authorizes the cabinet to

promulgate administrative regulations not inconsistent with the provisions of

law administered by the cabinet. KRS 224.60-130(1)(f) requires complaints

brought regarding the payment of claims from the cabinet, in accordance with

KRS 224.10-410 to 224.10-470 to be heard. This administrative regulation

establishes hearing procedures to be followed in the hearing of those



      Section 1.

Postdetermination Actions. A person aggrieved by a final, adverse determination

regarding reimbursement eligibility or a claim for payment may request:


Reconsideration, under Section 2 of this administrative regulation; or

      (2) A formal

hearing, pursuant to KRS 224.10-420 and 224.10-440, under Section 3 of this

administrative regulation.


      Section 2.

Reconsideration. (1) A request for reconsideration shall be:

      (a)1. Documented on

Reconsideration Request Form, DEP 0063; and

      2. The applicant

shall keep a copy of the form for his or her own records; and

      (b) Received by the

cabinet within thirty (30) days from the date the person has notice, or could

reasonably have had notice, of the adverse determination.

      (2) The request

shall include:

      (a) A statement of

the grounds for reconsideration;

      (b) Supporting

documents; and

      (c) Other evidence

not previously considered.

      (3) The cabinet

shall reevaluate the eligibility determination or payment claim previously

denied, if the evidence accompanying the request warrants reconsideration by

demonstrating clear error or clarifying information through submittal of

additional documentation.

      (4) The cabinet

shall not reconsider a matter more than once.


      Section 3. Formal

Administrative Hearings. A person aggrieved by a final, adverse determination

regarding reimbursement eligibility or a claim for payment may petition the

cabinet for a formal administrative hearing.

      (1) The hearing

shall be in accordance with KRS 224.10-420 and 224.10-440; and

      (2) 400 KAR Chapter

1 and 401 KAR 100:010.


      Section 4.

Extensions. (1) The owner or operator of a UST system may request an extension

to a deadline established by this administrative regulation or established by

the cabinet in writing pursuant to this administrative regulation.

      (2) The extension

request shall be submitted in writing and received by the Underground Storage

Tank Branch of the Division of Waste Management prior to the deadline.

      (3) The cabinet shall

grant an extension if the cabinet determines that an extension would not have a

detrimental impact on human health or the environment.


      Section 5.

Incorporation by Reference. (1) "Reconsideration Request Form", DEP

0063, April 2011, is incorporated by reference.

      (2) This material

may be inspected, copied, or obtained, subject to copyright law, at the

Division of Waste Management, 200 Fair Oaks Lane, Second Floor, Frankfort,

Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

       This material is

also available on the Division of Waste Management’s Web site at http://waste.ky.gov/ust.

(19 Ky.R. 1486; Am. 1800; eff. 3-12-93; 21 Ky.R. 1185; 1510; eff. 1-9-95; 23

Ky.R. 2242; eff. 4-9-97; 25 Ky.R. 1122; 26 Ky.R. 738; eff. 10-13-99; Recodified

from 415 KAR 1:120, 2-17-2005; 32 Ky.R. 532; 903; 1086; eff. 1-6-06; 37 Ky.R.

2733; 38 Ky.R. 545; eff. 10-6-11.)