201 KAR 11:190.

Rules of practice and procedure before the Kentucky Real Estate Commission.

 

      RELATES TO: KRS

324.150, 324.151, 324.160, 324.170, 324.200, 324.281(5)

      STATUTORY

AUTHORITY: KRS 324.151(1), (3), 324.281(5), 324.282

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS

324.281(5) requires the commission to promulgate administrative regulations

necessary to implement KRS Chapter 324. KRS 324.151(1) and (3) requires the

commission to establish the required forms for a complaint and answer. KRS

324.170(1) requires the commission to schedule and conduct an administrative

hearing in accordance with the provisions of KRS Chapter 13B prior to denying

an application for license or before suspending or revoking a license. This

administrative regulation establishes supplemental administrative hearing

procedures for matters before the commission and the required forms for a

complaint or answer.

 

      Section 1.

Complaint Review and Investigation. (1) An aggrieved party shall file a Sworn

Statement of Complaint against a licensed real estate sales associate or

broker. The complaint shall:

      (a) Allege a prima facie case of

specific violation of KRS 324.160 in accordance with KRS 324.151;

      (b) State the basis of the complaint

fully and concisely, including the name of the broker or principal broker;

      (c) Be notarized by a notary public;

      (d) Include a completed damages

claimed form, with a copy of each receipt, estimate, or other evidence of

damages attached to the report; and

      (e) Be filed within two (2) years

from:

      1. Actual knowledge of the cause of

action; or

      2. The time circumstances would

reasonably have put the aggrieved party on notice of the cause of action.

      (2) If the commission staff review

determines the Sworn Statement of Complaint does not allege a prima facie case

of a specific violation of KRS 324.160, the aggrieved party shall file a Sworn

Supplement to Complaint in accordance with KRS 324.151.

      (3) A respondent shall file a Sworn

Answer to Complaint if a complaint is filed against him in accordance with the requirements

of KRS 324.151(3). The answer shall:

      (a) Identify the respondent;

      (b) State his responses to the

complaint;

      (c) Be notarized by a notary public;

and

      (d) Include a copy of the following

documents:

      1. Listing contract;

      2. Purchase contract;

      3. Seller's disclosure form;

      4. Agency disclosure form; and

      5. Settlement statement.

      (4) Upon completion

of an investigation following the submission of a complaint and answer, the

commission shall:

      (a)1. Dismiss the case without an

administrative hearing if the facts or evidence do not indicate a prima facie

case for a violation of KRS Chapter 324; or

      2. Schedule an administrative hearing

pursuant to KRS Chapter 13B, 324.151, and 324.170; and

      (b) Notify the complainant and

respondent of its decision in writing. The notification shall include a brief

statement explaining the commission's reasons for the decision.

 

      Section 2. Motions. (1) A

request for the commission or a hearing officer to take or refrain from taking

an action shall be made by an oral or written motion.

      (2) A motion shall state the basis

for the motion, including a citation to or description of the legal authority

in support of the requested action, if applicable.

      (3) A party shall be given an

opportunity to respond to a motion.

 

      Section 3. Withdrawal of a Complaint.

A complainant may withdraw a complaint if:

      (1)(a) An answer has not been filed

in accordance with KRS 324.151; and

      (b) The withdrawal is made within

twenty (20) days of the date the complaint was filed; or

      (2)(a) There is good cause for the

withdrawal; and

      (b) The commission approves the

withdrawal.

 

      Section 4. Consolidation and

Severance. (1) A hearing officer may consolidate cases assigned to his docket

upon a finding by the hearing officer that:

      (a) There are:

      1. Common questions of law or fact;

or

      2. Identical issues or witnesses; and

      (b) Consolidation is appropriate.

      (2) A hearing officer may sever

consolidated cases or claims in an administrative action upon a finding that

the requirements for consolidation established in subsection (1) of this

section are not met.

 

      Section 5. Incorporation by

Reference. (1) The following material is incorporated by reference:

      (a) "Sworn Statement of

Complaint" 3/01 edition, Kentucky Real Estate Commission;

      (b) "Sworn Answer to

Complaint", 7/98 edition, Kentucky Real Estate Commission; and

      (c) "Sworn Supplement to

Complaint", 10/00 edition, Kentucky Real Estate Commission.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky Real

Estate Commission, 10200 Linn Station Road, Suite 201, Louisville, Kentucky

40223, Monday through Friday, 8 a.m. to 4:30 p.m. (12 Ky.R. 630; eff. 12-10-85;

Am. 1603; eff. 5-6-83; 24 Ky.R. 2733; 25 Ky.R. 294; eff. 8-17-98; 27 Ky.R. 1513;

2710; eff. 4-9-2001.)