Frequently Asked Questions

Do I need (or have to have) an attorney represent me?

It is your choice to have an attorney represent you; however, the Personnel Board does not require that you retain counsel to pursue your appeal. Whether you are represented by counsel or represent yourself, you will be held to the same standard. In any case, you either must represent yourself or be represented by a licensed attorney. Representation by a non-attorney is not allowed.

If I mail my appeal form in by the due date, will it be accepted whenever the Board receives it?

The appeal will be accepted, however, the Board may deny a hearing and the appeal dismissed. See KRS 18A.095(18)

What is a pre-hearing conference?

A pre-hearing conference is the first step in your appeal process. You and your attorney (if you have retained one), the attorney for the Agency, and the Hearing Officer will be present at your pre-hearing conference. The issues in your appeal will be discussed, as well as any other procedural steps. Please be advised that no testimony is taken at a pre-hearing conference; therefore, you do not need to bring any witnesses.

How long will it take to schedule a pre-hearing conference?

Most pre-hearing conferences are scheduled 4-6 weeks from the time you file your appeal.

May I attend my pre-hearing conference by telephone?

If you cannot personally attend your pre-hearing conference, you may ask the Board to allow you to appear by telephone. It is your responsibility to provide a reliable telephone number where you can be reached.

Do I need to bring my witnesses to the pre-hearing conference?

No testimony is taken at a pre-hearing conference; therefore, there is no need for you to bring witnesses. The purpose of the pre-hearing conference is to discuss the issue(s) of the case and to discuss procedures of the Personnel Board.

What other procedural steps may occur between the time of the pre-hearing conference and evidentiary hearing?

Agencies will sometimes challenge the Personnel Board's jurisdiction to consider an appeal by filing a Motion to Dismiss. This does not mean your appeal has been dismissed, and you will be given a chance to respond in writing to this motion. A Hearing Officer will then decide if your appeal will proceed. If the parties are agreeable, an appeal may be referred for mediation. Should your appeal proceed to mediation that does not mean your appeal has been dismissed at the Board. If mediation is unsuccessful, your appeal will be returned to the Board for further action.

What is an evidentiary hearing?

An evidentiary hearing is much like a trial. You may call witnesses to testify on your behalf (including yourself). You may also introduce documents or items into evidence through the testimony of a witness. The Agency may do the same. Please understand that documents may not be considered as actual evidence until they are introduced at the evidentiary hearing through the testimony of a witness. Simply filing an Exhibit List, as required by the Hearing Officer's Interim Order, does not mean those documents may now be considered as evidence. The Hearing Officer assigned to the case will recommend a decision to the full Personnel Board.

May I attend my evidentiary hearing by telephone or have it moved to some place closer to my residence or workstation?

No. An evidentiary hearing may not be conducted by telephone. The evidentiary hearing must be held in Frankfort. See Administrative Regulation 101 KAR 1:365, Section 3(7).

If I am dissatisfied with the Hearing Officer's ruling, may I ask the full Board to reconsider the Hearing Officer's ruling?

Yes. Be advised the Board considers all recommendations from its Hearing Officers before making a final decision. If you disagree with the Hearing Officer's recommendation, you may file written Exceptions (your reasons for disagreement) with the Board. Exceptions must be filed no later than fifteen (15) days from the date the ruling was issued. This date may be found on the last page of the Findings of Fact, Conclusions of Law, and Recommended Order. Merely having the exceptions post-marked or mailed on the 15th day will not suffice.

If I am still dissatisfied after the full Personnel Board's final ruling, what could I do then?

You may file an original action challenging the Board's ruling in the Franklin Circuit Court.

May I argue my case to the Personnel Board in person?

Yes. Make sure you request an "Oral Argument" at the same time as specified above for filing Exceptions. The request for oral argument may be included in the Exception document.

How do I get people to come to testify on my behalf at the evidentiary hearing?

You may request a subpoena from the Board. You must complete the subpoena and make as many copies as you need. It is your responsibility to serve the subpoena on the persons you wish to bring to the hearing. It is your responsibility to complete the appropriate portion of the subpoena (reflecting how it was served), and you need to file the original of the subpoena with the Personnel Board. You may keep a copy for your records. Please be aware that if you subpoena someone who is not subpoenaed by the Agency, you may be responsible for travel expenses for that witness.