¶1dissenting.
¶2Respectfully, I dissent. KRS 350.0301(2), which relates to administrative hearings before the Cabinet, addresses post-hearing proceedings by providing that, after the Hearing Officer serves his report and recommendation, all parties, “shall be granted the right to file exceptions thereto within fourteen (14) days of service.” In similar fashion, 405 KAR 7:091 Section 3(5)(a) of the Cabinet’s hearings regulations, states, “The parties may file exceptions and responses to the exceptions.... ”
¶3Under the foregoing statute and regulation, either party has the “right” to file exceptions or “may” file exceptions. According to KRS 446.010(20) such wording is permissive and does not make it mandatory that exceptions be filed as a predicate to the seeking of judicial review of the Cabinet Secretary’s final administrative order. Clearly, the word “may” is defined by statute to be permissive and not mandatory. When words are specifically defined by statute, courts must use the definition prescribed by statute. Baker v. Com., Ky., 677 S.W.2d 876 (1984). The foregoing statute and regulation do not establish the filing of exceptions as an administrative remedy which must be exhausted.