Bill > HB659

This bill proposes to increase the standard of proof required in administrative hearings from a "preponderance of the evidence" (meaning more likely than not) to "clear and convincing evidence" (a higher standard requiring a firm belief or conviction in the truth of the allegations). Additionally, it mandates that parties who successfully defend themselves against an agency's action or who prevail in a case initiated by an agency will be awarded their costs and reasonable attorney's fees, providing a financial incentive for individuals and entities to challenge agency decisions. These changes apply broadly to administrative hearings governed by KRS 13B.090 and specifically to hearings conducted under chapters related to water resources (KRS 151.184) and environmental protection (KRS 224.10-440), with the latter two also explicitly stating that the Energy and Environment Cabinet must pay these costs and fees if a party prevails against them.

Justice

https://apps.legislature.ky.gov/record/26RS/hb659.html