600 KAR 1:030. Public comment hearings.


      RELATES TO: KRS 13A.100

      STATUTORY AUTHORITY: KRS 13A.100, 174.080

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 13A.100 requires that the procedures to be utilized by an administrative body in the conduct of hearings by or for the administrative body be promulgated as an administrative regulation. This administrative regulation outlines the procedures to be used by the Transportation Cabinet in the conduct of those public hearings which the cabinet is required to hold or which the cabinet determines are necessary to hold for the purpose of soliciting public comment on any matter of interest involving the cabinet, excluding those hearings held pursuant to KRS Chapter 281.


      Section 1. When state or federal law requires that a public hearing be held or offered or when the Secretary of the Transportation Cabinet determines that a public hearing is needed for the purpose of soliciting public comment on any matter of interest involving the cabinet, except those hearings held pursuant to KRS Chapter 281, the notice of the hearing or opportunity for a hearing will be published in accordance with KRS Chapter 424 or 13A.

      (2) If no one requests in writing that a public hearing be held when the opportunity is offered, then the hearing need not be held, provided that all necessary formalities will be observed in any event where state or federal law may so require.

      (3) The notice of the public hearing shall specify the date, time and location of the hearing and shall contain a description of the proposed project or the necessity for the public hearing.


      Section 2. (1) A Transportation Cabinet representative shall preside over the public hearing.

      (2) Any attendee wishing to speak may be required to register at the hearing in order to make an oral statement at that hearing. Any attendee can submit written statements regarding the issue of the public hearing. All interested persons shall be given the opportunity to be heard, either individually or through their representative(s).

      (3) Presiding officers may limit the length of each speaker's statements based on factors including, but not limited to: the length of the hearing; the number of attendees wishing to speak, including whether or not their views will be provided by a representative; and the complexity of the issues involved.

      (4) The presiding Transportation Cabinet representative shall open the hearing with a statement regarding the purpose and general procedure to be employed in the conduct of the hearing. (11 Ky.R. 517; eff. 10-9-84.)