815 KAR 25:100. Alternative dispute

resolution and mediation program.

 

      RELATES TO: KRS 227.550, 227.640(3)

      STATUTORY AUTHORITY: KRS 227.640(3),

227.590(1)

      NECESSITY FUNCTION AND CONFORMITY: KRS

227.640(3) requires the office to provide for a dispute resolution process that

may be used prior to a formal hearing under KRS Chapter 13B. KRS 227.590(1)

requires the board to promulgate administrative regulations to effectuate the

provisions of KRS 227.550 to 227.660. EO 2009-535, effective June 12, 2009,

reorganized the Office of Housing, Buildings and Construction as the Department

of Housing, Buildings and Construction, and established the commissioner, rather

than the executive director, as the head of the department. This administrative

regulation establishes the requirements for dispute resolution using the

process of mediation.

 

      Section 1. Definitions. (1) "Board"

is defined by KRS 227.550(1).

      (2) "Certified installer" means

an individual certified to install manufactured housing pursuant to 815 KAR 25:080.

      (3) "Manufacturer" is defined

by KRS 227.550(9).

      (4) "Retailer" is defined by

KRS 227.550(4).

 

      Section 2. Establishment of the Kentucky

Manufactured Housing Certification and Licensure Board Mediation Program. The board

shall administer the Kentucky Manufactured Housing Certification and Licensure

Board Mediation Program to comply with KRS 227.640(3).

 

      Section 3. Eligibility for Mediation. (1)

A manufacturer, certified installer, or retailer of manufactured housing whose

application, certification, or license is subject to disciplinary action under

KRS 227.640 may request mediation prior to the convening of a formal hearing

under KRS Chapter 13B.

      (2) A request to mediate shall be in

writing and shall be submitted to the board.

      (3) Upon receipt of the request to

mediate, the board shall forward the request to the Office of the Attorney

General.

 

      Section 4. Mediation Procedures. (1) Mediations

shall be conducted by Office of the Attorney General mediators.

      (2) Mediations shall be scheduled by the

Office of the Attorney General after receipt of the written request to mediate

and agreement to participate at times convenient for all participants.

      (3) The scheduled mediation may be

rescheduled with written approval by participating parties.

      (4) If the mediator initially assigned

has a documented conflict of interest, the mediator or participants shall request

an alternate mediator within the Office of the Attorney General.

      (5) If it is determined that a conflict

of interest exists between a party and the Office of the Attorney General’s

mediator, then a mediator shall be selected by the board from the roster

maintained by the Administrative Office of the Courts.

      (6) Mediation shall proceed only if all

parties with full settlement authority are present. It shall be the

responsibility of the parties to have the necessary persons present at the mediation.

      (7) Participation in the mediation shall

constitute an agreement by the parties that all offers of compromise, promises,

or statements made in the course of the mediation shall not be offered at any

subsequent hearing or trial relating to the subject matter of the dispute

unless otherwise discoverable.

      (8) The content of the mediation shall

remain confidential as permitted by state and federal law.

      (9) The mediator shall not be subject to participation

or subpoena in subsequent proceedings regarding the matter mediated.

      (10) Final mediation agreements shall be

prepared by the mediator and signed by the parties.

 

      Section 5. Costs of Mediation. Cost of mediations

conducted pursuant to this administrative regulation shall be divided equally

among all parties participating in the mediation. (36 Ky.R. 955; 1227;

1-4-2010.)