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Request By:

Hon. William S. Howard
Attorney at Law
111 Cheapside
Lexington, Kentucky 40507

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Patrick B. Kimberlin, III, Assistant Attorney General

This is in response to your recent letter wherein you request an opinion of this office as to the following question:

"Can the Kentucky State Board of Registration for Professional Engineers and Land Surveyors hold disciplinary hearings pursuant to KRS Chapter 322, as provided in KRS 322.200, et seq., by having a hearing officer conduct the hearing and receive the evidence, make findings of fact and report to the Board who would then decide the matter upon the facts as found by a hearing officer?"

It is our opinion that a disciplinary hearing held pursuant to KRS 322.200 must be conducted by the Board, and not by a hearing officer. We have found nothing in Chapter 322 which would permit a hearing officer to conduct the disciplinary hearing and thereafter submit his findings to the Board and, even if such statutory authority did exist, it would be in conflict with KRS 322.200(1) which states that

"All charges, . . ., shall be heard by the Board. . . ." (Emphasis ours).

This situation is somewhat analogous to that in

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1979 Ky. AG LEXIS 507
Forward Citations:
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