(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall apply to all Commission adjudicatory hearings. All testimony in a Commission adjudicatory proceeding shall be under oath. 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 and any other due process rights, privileges and responsibilities of a witness appearing before the courts of the Commonwealth. All witnesses shall be entitled to be represented by counsel.
(B) Any person whose name is mentioned during adjudicatory proceedings of the Commission and who may be adversely affected thereby may appear personally before the Commission on his or her own behalf, with or without attorney, to give a statement in opposition to such adverse mention or file a written statement of that opposition for incorporation into the record of proceeding.
(C) All adjudicatory proceedings of the Commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(D) Within 30 days after the end of an adjudicatory proceeding pursuant to the provisions of this section, the Commission shall meet in executive session for the purpose of reviewing the evidence before it. Within 30 days after completion of deliberations, the Commission shall publish a written report of its findings and conclusions.
(E) The Commission, upon a finding pursuant to an adjudicatory proceeding that there is clear and convincing proof of a violation of this code, may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) Issue an order requiring the violator to file any report, statement or other information as required by this code;
(3) In writing, publicly reprimand the violator for potential violations of the law and provide a copy of the reprimand to the Mayor; and
(4) Issue an order requiring the violator to pay a civil penalty of not more than $500.
(F) The Commission may refer to the City Attorney or Commonwealth’s Attorney for prosecution evidence of criminal violations of this code.
(G) Findings of fact or final determinations by the Commission that a violation of this code has been committed, or any testimony related to the Commission’s findings of fact or final determinations, shall not be admissible in criminal proceedings in the courts of the Commonwealth. Evidence collected by the Commission may be used in a criminal proceeding if otherwise relevant.
(H) Any person found by the Commission to have committed a violation of this code may appeal the action to the Oldham Circuit Court. The appeal shall be initiated within 30 days after the date of the final action of the Commission by filing a petition with the court against the Commission. The Commission shall transmit to the Clerk of the Court all evidence considered by the Commission at the public hearing. The court shall hear the appeal upon the record as certified by the Commission.
(Ord. 20-94, passed 12-15-1994)