815 KAR 25:100. Alternative dispute
resolution and mediation program.
RELATES TO: KRS 227.550, 227.640(3)
STATUTORY AUTHORITY: KRS 227.640(3),
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
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
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;