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205.5639 Effect of board recommendations -- Written exceptions -- Final decision -- Appeal.

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Page 1 of 1 205.5639 Effect of board recommendations -- Written exceptions -- Final decision -- Appeal. (1) Any recommendation by the board is advisory to the commissioner. <br>(2) Any interested party may request an opportunity to make a presentation or argument to the board on any item under consideration by the board. The Cabinet for Health <br>and Family Services shall, by administrative regulation promulgated in accordance <br>with KRS Chapter 13A, establish requirements for presentations before the board. (3) Any interested party who is aggrieved by a recommendation of the board to the commissioner or his designee may submit written exceptions consisting of only new <br>information that was not available to be presented at the time of the board's <br>consideration of the matter. These written exceptions shall be submitted within ten <br>(10) days of the recommendation. After the time for filing exceptions has expired, <br>the commissioner or the commissioner's designee shall consider all exceptions filed <br>in a timely manner prior to acting upon the recommendation of the board. If the <br>deadline for filing written exceptions falls on a Saturday, Sunday, or a state holiday, <br>the exceptions may be filed the following day. (4) In making a final decision on any recommendation of the board, the commissioner may seek additional and clarifying information from any source. Any additional <br>information submitted to the commissioner shall be made a part of the <br>administrative record supporting the final decision. (5) An appeal from a decision of the commissioner may be made in accordance with KRS Chapter 13B by a manufacturer of the product. Unless held in abeyance or <br>otherwise addressed by the hearing officer, the decision of the commissioner stands <br>until final disposition of the issue. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 240, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 561, sec. 6, effective July 15, 1998.