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.)