Read the full stored bill text
UNOFFICIAL COPY 26 RS SB 52/GA
Page 1 of 4
SB005210.100 - 1157 - XXXX 2/23/2026 4:59 PM GA
AN ACT relating to ensuring fair permitting and licensing practices. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 4 of this Act: 5
(1) "Administrative hearing" or "hearing" has the same meaning as in KRS 6
13B.010; 7
(2) "Final order" has the same meaning as in KRS 13B.010; 8
(3) "Hearing officer" has the same meaning as in KRS 13B.010; and 9
(4) "State agency": 10
(a) Means a department, cabinet, office, division, commission, council, board, 11
bureau, committee, institution, agency, government corporation, or any 12
other entity within the executive branch of state government; and 13
(b) Does not include the Department of Kentucky State Police. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) Notwithstanding any other law to the contrary, a state agency shall specify in 17
clear and unambiguous language the criteria for approval of a license or permit. 18
(2) A state agency shall approve or deny an application for a license or permit within 19
sixty (60) days if: 20
(a) A specific timeline to approve or deny an application for a license or permit 21
is not otherwise prescribed by law, administrative regulation, or rule; or 22
(b) A law, administrative regulation, or rule is silent or ambiguous on a 23
timeline to approve or deny an application for a license or permit. 24
(3) If a license or permit is not approved or denied within the timefr ame established 25
in subsection (2) of this section, the application shall be deemed approved by a 26
state agency unless: 27
UNOFFICIAL COPY 26 RS SB 52/GA
Page 2 of 4
SB005210.100 - 1157 - XXXX 2/23/2026 4:59 PM GA
(a) The application is materially incomplete and the applicant, after being 1
notified of the deficiency, has failed to correct it; or 2
(b) A state agency issues a written justification for an extension of time within 3
the sixty (60) days that specifies the additional time necessary for making a 4
determination on an application for a license or permit, which shall: 5
1. Not exceed an additional thirty (30) days under any circumstance; and 6
2. Be based upon a substantial and demonstrable interest in protecting 7
public health, safety, or welfare, including but not limited to, permits 8
or licenses involving building safety, fire protection, utilization of 9
public infrastructure, utility capacity, or which require coordination 10
with other state agencies. 11
(4) The determination of what constitutes clear and unambiguous language shall be 12
a judicial question, without deference to a state agency. 13
(5) (a) This section shall not apply to licenses, permits, or other authorizations: 14
1. The criteria or the programs for which are either established by, 15
adopted from, or directly authorized by federal law; or 16
2. That are established by federal law in which authority to determine the 17
criteria for approval of a license, permit, or other authorization has 18
been delegated to a state agency; and 19
(b) The application of this section to a license, permit, or other authorization 20
pursuant to paragraph (a) of this subsection would resu lt in a violation of 21
federal law or a violation of the terms of delegation made pursuant to 22
federal law to the state agency. 23
SECTION 3. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) An applicant who has been denied a license or permit may request an 26
administrative hearing to be conducted by the state agency that issued the denial. 27
UNOFFICIAL COPY 26 RS SB 52/GA
Page 3 of 4
SB005210.100 - 1157 - XXXX 2/23/2026 4:59 PM GA
The state agency shall conduct the hearing in accordance with this section and 1
KRS Chapter 13B or the relevant provision governing administrative hearings for 2
that state agency. 3
(2) Notwithstanding subsection (1) of this section, in any state agency hearing 4
involving an application for a license or permit, a state agency shall have the 5
burden of persuasion relating to a state agency's denial of: 6
(a) A license or permit; or 7
(b) An application or request for modification of a license or permit 8
application. 9
(3) Notwithstanding subsection (1) of this section, at a state agency hearing involving 10
an application for a license or perm it, upon the motion of an applicant or the 11
state agency and for use as evidence, the hearing officer may permit a deposition 12
to be taken, in the manner and on the terms designated by the hearing officer, of 13
a witness who cannot be subpoenaed or who is unable to attend the hearing. 14
SECTION 4. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) An applicant in a state agency hearing involving the denial of a license or permit 17
shall be entitled to a speedy and public judicial review of a final order pursuant to 18
KRS 13B.140 or the relevant provisions governing judicial review of a final order 19
of an administrative hearing for that state agency. 20
(2) If requested by an applicant to an action, within thirty (30) days after 21
transmission of the original or a certified copy of the official record of the 22
proceeding under review pursuant to KRS 13B.140(3), t he court shall issue an 23
order scheduling a preliminary conference to address any scheduling matters, 24
including but not limited to future hearings, status conferences, or any other 25
issues pertaining to the application for a license or permit that may need t o be 26
addressed. 27
UNOFFICIAL COPY 26 RS SB 52/GA
Page 4 of 4
SB005210.100 - 1157 - XXXX 2/23/2026 4:59 PM GA
Section 5. This Act takes effect January 1, 2027. 1