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From the Legislature
Amend KRS 13B.090 to increase the burden of persuasion in all administrative hearings from a preponderance of evidence to clear and convincing evidence; require costs and reasonable attorney's fees to be awarded to parties that prevail against agencies in any action; amend KRS 151.184 and 224.10-440 to establish that the ultimate burden of persuasion is met by clear and convincing evidence in hearings conducted pursuant to the chapters; require costs and reasonable attorney's fees to be awarded to parties that prevail against the Energy and Environment Cabinet in any action.
Sponsors
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Democratic CaucusRepublican Caucus