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.

Administrative Regulations and Proceedings Civil Actions Civil Procedure Environment and Conservation Flood Control and Flooding Pollution State Agencies Waterways and Dams

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This bill would raise the standard of proof required in state administrative hearings — the proceedings where agencies resolve disputes — from "more likely than not" to "clear and convincing evidence," a higher bar. It would also require state agencies, including the Energy and Environment Cabinet, to pay the legal costs and attorney's fees of any private party that wins a case against them. This could make it harder for agencies to enforce regulations and…

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