The information is provided to assist employers in understanding how their case will proceed and is intended for that purpose only. Employers and their representatives must refer to the Review Commission's Rules of Procedure (803 KAR 50:010) for guidance about specific rules, which can be found on our website at www.koshrc.ky.gov under the tab "Statutes and Regulations". Click on 803 KAR 50:010 to view our Kentucky Administrative Regulations. Anyone may download and print these rules and regulations for their convenience.

• The KOSH Review Commission was established by statute as an independent agency to provide due process of law to employers who contest occupational safety and health citations issued by the Labor Cabinet's Department of Workplace Standards. (See KRS 338.071, and KRS 338.081) The Review Commission is a part of Kentucky's Occupational Safety and Health program, but it is completely independent from the Labor Cabinet. Stated simply, an attorney for the Labor Cabinet is responsible for prosecuting a case against an employer, and the Review Commission is responsible for hearing the evidence presented by both parties and reaching a fair and impartial decision. The Labor Cabinet has the burden of proving the charges alleged in the citation and the complaint that will be filed with the Review Commission after a citation is contested. If the Labor Cabinet fails to prove its case, the citation will be dismissed by the Review Commission. (See 803 KAR 50:010, Section 43 (1) of the Review Commission's Rules of Procedure.)
  
  
• Owners of sole proprietorships may represent themselves or hire an attorney to represent them before the Review Commission. If an employer operates as a corporation, limited liability company, or any other artificial entity, the employer must hire an attorney to represent it before the Review Commission. Every employer regardless of entity type will be allowed full participation. See Attachment "A", the KBA Advisory Ethics Opinion U-64.
  
  
• An employer and/or its attorney should be familiar with the enclosed Rules of Procedure. Failure to follow these rules could result in forfeiture of an employer's right to contest the citation. Employers and/or their attorneys may contact Jeremy Sylvester. Executive Director, at (502) 573-6892 for questions about procedural matters. An employer or its attorney, however, may not discuss the merits with anyone at the Review Commission unless all parties to the case are present, either in person or by telephone. See Section 54 of the Review Commission's Rules of Procedure.
  
  
• Within twenty (20) days from the date the Labor Cabinet received an employer's letter of contest, the Labor Cabinet must file a formal complaint with the Review Commission, which will name the Commissioner of Workplace Standards as the "complainant" and the employer as the "respondent." The Commissioner, through the Labor Cabinet's attorney assigned to represent him or her, will then serve a copy of the complaint on the employer. Section 20 (4) of the Review Commission's rules says that the employer shall file a written response, also called an answer, to the complaint within fifteen (15) days after the date of service on the employer.
  
  If the employer is a corporation, limited liability company or other artificial entity, the employer's answer must be filed by an attorney in good standing and licensed to practice law in Kentucky. An owner of a sole proprietorship may file an answer or hire an attorney licensed in Kentucky to file an answer on behalf of the sole proprietorship.
  
  An answer should deny any fact asserted in the complaint with which the employer disagrees. Any allegation in the complaint not denied will be deemed admitted. Admissions can be used against the employer at the hearing. Any employer or its attorney must mail the original copy of its answer to the Review Commission, and send a copy to the Labor Cabinet's attorney listed on the complaint. During the COVID pandemic, the Review Commission is also requiring employers to e-mail an electronic copy of the answer to the Review Commission using the e-mail address Jenny.Kays@ky.gov and to the attorney for the Labor Cabinet whose name and e-mail address should be stated below the signature block in the Complaint.
  
  If employers require additional time to hire an attorney and respond to the complaint, a representative of the employer may file a written request for an extension of time with the Review Commission on or before the answer deadline by emailing a request to Jenny.Kays@ky.gov. Extensions are granted at the discretion of the Review Commission.If an employer fails to file an answer, the employer's case may be dismissed by the Review Commission or its hearing officer.
  
  
• Once the Review Commission receives an answer, the employer's case will be forwarded to the Office of the Attorney General, Division of Administrative Hearings, for assignment to a hearing officer and scheduling of a hearing. The Attorney General's office contracts with the Review Commission to provide hearing officers who preside over and regulate the course of the hearing on behalf of the Review Commission. If necessary, the hearing officer has the duty and authority to exclude any individual from the hearing who engages in improper or disrespectful conduct. See Section 36 (6) of our Rules of Procedure.
  
  
• After the hearing is concluded and the parties have submitted briefs to the hearing officer, the hearing officer will forward his recommended order to the Review Commission for issuance. When the hearing officer's order is issued by the Review Commission, a copy will be mailed to the employer or its attorney. If the employer does not agree with the hearing officer's recommended order, it may ask the Review Commission to review the hearing officer's recommended order. To do this, the employer must file a petition for discretionary review with the Review Commission. The petition must be received by the Review Commission within 25 days of the date the recommended order is issued. See Section 48 of the Review Commission's Rules of Procedure.
  
  
  

The Review Commission encourages settlement of its cases at any stage of the proceedings. If settlement of this case is an option the employer would like to pursue, it is encouraged to contact the attorney who filed the complaint for the Secretary of Labor (see page 2 of the Notice of Receipt of Contest) at (502) 564-3070.