GENERAL GOVERNMENT CABINET
Kentucky Real Estate Commission
(As Amended at ARRS, October 13, 2015)
201 KAR 11:195. Informal settlement
TO: KRS 324.160, 324.170, 324.281
AUTHORITY: KRS 13B.070(3), 324.160, 324.170, 324.821
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.
The commission may approve or reject any settlement proposal.
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.
board may employ mediation as a method of resolving the matter informally.
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.
BY AGENCY: June 22, 2015
WITH LRC: June 22, 2015 at 4 p.m.
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.