401 KAR 42:320.
RELATES TO: KRS
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
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
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
(a) A statement of
the grounds for reconsideration;
(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
(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.
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.
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.)