808
KAR 12:030. KRS Chapter 286.8, administrative hearing procedures.
RELATES TO: KRS
Chapter 13B, 286.8-012, 286.8-090, 286.8-140, 286.8-190
STATUTORY
AUTHORITY: KRS 286.8-140(1)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 286.8-090 authorizes the executive director to
order the denial, suspension, or revocation of a license of any mortgage loan
broker or mortgage loan company for a violation of KRS Chapter 286.8 or any
order or administrative regulation thereunder. KRS 286.8-190 authorizes the
executive director to take certain other actions, including the entry of an
order to cease and desist from certain acts or practices if a mortgage loan
broker or mortgage loan company violates or is about to violate KRS Chapter
286.8 or any order or administrative regulation thereunder. KRS 286.8-012
requires that an administrative hearing be conducted in accordance with KRS Chapter
13B. KRS 286.8-140(1) authorizes the executive director of the office to
promulgate administrative regulations to implement the provisions of KRS
Chapter 286.8. This administrative regulation establishes supplemental
administrative hearing procedures for matters relating to a mortgage loan
broker or mortgage loan company.
Section 1.
Definitions. (1) "Administrative hearing" is defined by KRS
13B.010(2).
(2)
"Executive director" is defined by 286.8-010(3).
(3) "Hearing
officer" is defined by KRS 13B.010(7).
(4)
"Office" is defined by KRS 286.8-010(2).
(5)
"Party" is defined by KRS 13B.010(3).
(6)
"Person" is defined by KRS 286.8-010(6).
Section 2.
Complaint and Answer. (1) The office attorney may file a written complaint
against a person if:
(a) The attorney
believes that the person is violating or has violated a provision of KRS
Chapter 286.8; and
(b) The executive
director has not entered an order against the person based on the same conduct
or allegation.
(2) The complaint
shall:
(a) Describe the
allegation made against the person;
(b) Request the
executive director to enter an appropriate order; and
(c) Comply with
the requirements for notice of an administrative hearing established by KRS
13B.050(3)(c) through (h).
(3) A person shall
respond to the complaint by filing a written answer with the office. If an
answer is not filed in accordance with subsection (4) of this section, the
office attorney shall seek a final order from the executive director granting
the relief requested in the complaint.
(4) An answer
shall:
(a) Be filed
within twenty (20) days of service of the complaint;
(b) Respond to
each allegation in the complaint; and
(c) Include a
request for an administrative hearing if the person:
1. Does not agree
that there has been a violation of KRS Chapter 286.8; or
2. Believes that
the requested action is not appropriate.
(5) If requested,
an administrative hearing shall be held pursuant to the provisions of KRS
Chapter 13B and this administrative regulation. The notice of hearing required
by KRS 13B.050 shall be sent to the parties after the request for an
administrative hearing has been received.
Section 3. Attorney
Representation. (1) An attorney who represents a party shall send written
notification to the office, the hearing officer, and each party stating:
(a) That the
attorney is representing the party; and
(b) The name,
address, telephone number, and, if applicable, the facsimile number of the
attorney and the client.
(2) If there is a
change in the information provided in the notice, the attorney shall send
written notification of the change to the office, the hearing officer, and each
party.
(3) Withdrawal. An
attorney who wishes to withdraw shall submit written notification stating that:
(a) The attorney
is withdrawing;
(b) The client has
been informed of the withdrawal; and
(c) The withdrawal
is authorized by the rules of the Kentucky Supreme Court.
Section 4. Hearing
Officers. If a hearing officer is disqualified, the executive director shall
assign another hearing officer within ten (10) days of the disqualification.
Section 5.
Filings. (1) Each document filed with the office for an administrative hearing
shall include a certificate of service. The certificate of service shall:
(a) Certify that
the document was served as required by KRS 13B.080(2);
(b) Identify the
method of service; and
(c) Be signed by
the individual who served the document.
(2) Pursuant to
KRS 13B.080(2), a document sent by facsimile machine shall be considered served
on a party on the date of the facsimile transmission if the:
(a) Document
contains a statement that the:
1. Document was
served by facsimile machine; and
2. Original of the
document will be mailed to each party within five (5) business days of the date
the facsimile was sent; and
(b) Party mails
the original to the office within five (5) business days of the date the
facsimile was sent.
Section 6. Motions.
(1) A request for 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 7.
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. (27 Ky.R. 1711; Am. 2159; eff. 2-15-2001.)
