302 KAR 29:040.

Settlement proceedings.

 

            RELATES TO: KRS Chapter 217B

            STATUTORY AUTHORITY: KRS 13B.070(3), 217B.050

            NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires

the Department of Agriculture to promulgate administrative regulations to implement

the provisions of KRS Chapter 217B. This administrative regulation establishes

procedures for the settlement of administrative complaints brought pursuant to

KRS 217B.545.

 

            Section 1. Commencement of Settlement Proceedings. At any

time after the service of an administrative complaint upon a licensee and

before hearing, the responding licensee may seek a settlement of any pending

allegation.

 

            Section 2. Presentation of Proposal to Board. If an

appropriate settlement has been negotiated, it shall be presented to the board

and if accepted, shall be signed by the chairman and forwarded to the

commissioner for acceptance or rejection.

 

            Section 3. Effect of Rejection. If the board rejects an

offer of settlement, the matter shall continue to proceed as a formal proceeding

pursuant to KRS Chapter 13B, unless the licensee requests that the offer be

submitted directly to the commissioner for decision. If requested by the

licensee, the offer shall be submitted directly to the commissioner along with

the board's reasons for rejecting the offer and a recommendation from the board

that the commissioner not approve the offer. The commissioner shall accept or

reject the offer after reviewing the whole record. He may allow oral argument

on the proposed offer before he makes a decision if either party moves for it

and if it appears that such argument would substantially contribute to the

decision-making process. If the commissioner approves the offer, he shall enter

an appropriate order in conformance with the proposal. If the commissioner

rejects the offer, the matter shall continue to proceed as a formal proceeding

pursuant to KRS Chapter 13B. Rejection shall not be taken as a finding or

determination of any kind on behalf of the board, and no orders or other

pleadings shall be filed in regard to any rejected offer.

 

            Section 4. Action by the Commissioner. If the commissioner

approves of the board's recommendation for acceptance or rejection, a request

by the licensee for settlement after rejection by the board, or if the

commissioner dismisses the complaint in whole or in part, he shall enter an

order in conformance with his findings. If the commissioner rejects the

settlement, the matter shall continue to proceed as a formal proceeding

pursuant to KRS Chapter 13B.

 

            Section 5. Effective Date. The effective date of this

administrative regulation shall be July 1, 2002. (28 Ky.R. 749; Am. 1377; eff.

12-19-2001.)