808 KAR 12:030. KRS Chapter 286.8, administrative hearing procedures

Link to law: http://www.lrc.ky.gov/kar/808/012/030.htm
Published: 2015

      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.)
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