AN ACT relating to administrative hearings.

Amend KRS 13B.090 to increase the burden of persuasion in all administrative hearings from a preponderance of evidence to clear and convincing evidence; require costs and reasonable attorney's fees to be awarded to parties that prevail against agencies in any action; amend KRS 151.184 and 224.10-440 to establish that the ultimate burden of persuasion is met by clear and convincing evidence in hearings conducted pursuant to the chapters; require costs and reasonable attorney's fees to be awarded to parties that prevail against the Energy and Environment Cabinet in any action.

Introduced: February 18, 2026

Last action: February 27, 2026

Withdrawn

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This bill would have raised the standard of proof required in state administrative hearings, meaning government agencies would need stronger evidence to win a case against a private party. It also would have required agencies to pay the legal costs and attorney's fees of any party that successfully challenged an agency decision. Additional provisions specifically applied these changes to hearings involving the Energy and Environment Cabinet. Who it may affect: individuals, businesses, or organizations involved in disputes with state agencies, particularly those dealing with energy or environmental regulations.

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