302 KAR 29:040.
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
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
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.