§ 38.44  HEARING PROCEDURE.
   (A)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties the full range of due process rights required by the nature of the proceedings.
   (B)   Prior to the commencement of the hearing, the alleged violator, or his representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the alleged violator, or his representative, of any exculpatory evidence in its possession.
   (C)   All testimony in a Board hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
   (D)   Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
   (E)   All hearings of the Board shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
   (F)   After the conclusion of the hearing, the Board shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it.  Any final determination as to whether a violation of this chapter has been proven must be rendered in open session.  Within thirty (30) days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
   (G)   If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
   (H)   If the Board concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Board may:
      (1)   Issue an order requiring the violator to cease and desist the violation.
      (2)   In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor and governing body of the city or city agency with which the violator serves.
      (3)   In writing, recommend to the Mayor and the governing body that the violator be sanctioned as recommended by the Board, which may include a recommendation for discipline or dismissal or removal from office.
      (4)   Issue an order requiring the violator to pay a civil penalty of not more than one thousand dollars ($1,000.00) which shall be deposited in the general fund of the city.
      (5)   Refer evidence of criminal violations of this chapter or state laws to the County Attorney or Commonwealth's Attorney of the jurisdiction for prosecution.
(Ord. 1994-0-30, passed 12-13-94)