201 KAR 11:195. Informal Settlement Procedures

Link to law: http://www.lrc.ky.gov/kar/201/011/195reg.htm
Published: 2015

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GENERAL GOVERNMENT CABINET

Kentucky Real Estate Commission

(As Amended at ARRS, October 13, 2015)

 

      201 KAR 11:195. Informal settlement

procedures.

 

      RELATES

TO: KRS 324.160, 324.170, 324.281

      STATUTORY

AUTHORITY: KRS 13B.070(3), 324.160, 324.170, 324.821

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 324.270(1) requires the commission to order a KRS

Chapter 13B hearing before ordering any disciplinary action. This administrative

regulation is necessary to provide a settlement option after a hearing is

ordered to allow opportunity for more economical and expeditious resolution of

the pending matter. This administrative regulation establishes the informal

settlement process for entry of agreed orders.

 

      Section 1. Settlement by Informal Proceedings. After

ordering a hearing, the commission, through its legal counsel,

may[at any time,] enter into informal settlement

proceedings with the licensee for the purpose of expeditiously resolving any

disciplinary matter pursuant to KRS 324.160.

      (1)(a)

The commission may approve or reject any settlement proposal.

      (b)[,

however,] Any matter to which a licensee and the commission's legal

counsel have stipulated that[which] is rejected by

the commission shall not thereafter bind the parties or the commission.

      (2)

The

board may employ mediation as a method of resolving the matter informally.

      (3) All

proposed agreed orders shall be signed by the licensee[,]

and shall advise the licensee that by entering into an agreed order, the

licensee expressly acknowledges that the licensee is fully and completely

informed of the due process rights afforded to the licensee under KRS Chapter

324 and KRS Chapter 13B and that the licensee knowingly, willingly, and

voluntarily agrees to waive those rights and enter into an agreed order.

 

JIM

HUFF, Chairperson

      APPROVED

BY AGENCY: June 22, 2015

      FILED

WITH LRC: June 22, 2015 at 4 p.m.

      CONTACT

PERSON: Rhonda K. Richardson, General Counsel, Kentucky Real Estate Commission,

10200 Linn Station Road, Suite 201, Louisville, Kentucky 40223, phone (502) 429-7250,

fax (502) 429-7246.