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Headen v. Commonwealth9/20/2002
rmined that Headen was required to plead the savings statute to obviate a statute of limitations defense in her initial claim form. However, the regulations promulgated by the Board require only a statement of facts sufficiently clear to raise a claim under the provisions of KRS 44.070.
The Board "must be bound by the regulations it promulgates." An administrative agency, the United States Supreme Court has said, is "bound to recognize the validity of the rule of conduct prescribed by it, and not to repeal its own enactment with retroactive effect." The U. S. Supreme Court has found improper an attempt by an administrative agency, while acting in a judicial capacity, to alter in the course of an adjudication a regulation that the same agency had promulgated through the quasi-legislative rule making process. Neither can the Board of Claims alter its regulations through adjudication. Here the Board erred when it altered its own pleading requirements by dismissing Headen's claim without affording her an opportunity to respond to the statute of limitations defense asserted by KCTCS, and Franklin Circuit Court erred in affirming the Board's dismissal of Headen's claim.
The Board's order dismissing Headen's claim and the circuit court order affirming the dismissal are reversed and this claim is remanded to the Board with directions to afford Headen a reasonable opportunity to respond to the statute of limitations defense raised in the answer filed by KCTCS and for such further proceedings as may be appropriate.
ALL CONCUR.
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