Kentucky Statutes 286.12-130 – Administrative complaint
Current as of: 2024 | Check for updates
|
Other versions
(1) (a) The commissioner may file an administrative complaint against any person if it appears on grounds satisfactory to the commissioner that a potential or actual violation of this subtitle has been committed.
(b) The commissioner shall serve the administrative complaint, by certified mail or personal delivery, to the person’s last known address of record or upon the person’s agent for service of process.
(c) The parties named in the administrative complaint shall be entitled to a hearing on the complaint, which shall be requested, in writing, within twenty (20) days of service of the complaint.
(d) 1. If a timely request for a hearing is made, an administrative hearing shall be held in accordance with KRS Chapter 13B.
2. If a timely request for a hearing is not made, the commissioner may enter a final order in the matter.
(2) For purposes of this section, service by certified mail shall be complete upon the earlier of:
(a) The date on which the person receives the mail;
(b) The date on which the agency receives the return receipt; or
(c) The date on which the agency receives notice that the mail has been returned undelivered.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 88, sec. 15, effective July 14, 2022.
(b) The commissioner shall serve the administrative complaint, by certified mail or personal delivery, to the person’s last known address of record or upon the person’s agent for service of process.
Terms Used In Kentucky Statutes 286.12-130
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means a natural person, or any type or form of corporation, company, partnership, proprietorship, association, or other legal entity. See Kentucky Statutes 286.1-010
- Service of process: The service of writs or summonses to the appropriate party.
(c) The parties named in the administrative complaint shall be entitled to a hearing on the complaint, which shall be requested, in writing, within twenty (20) days of service of the complaint.
(d) 1. If a timely request for a hearing is made, an administrative hearing shall be held in accordance with KRS Chapter 13B.
2. If a timely request for a hearing is not made, the commissioner may enter a final order in the matter.
(2) For purposes of this section, service by certified mail shall be complete upon the earlier of:
(a) The date on which the person receives the mail;
(b) The date on which the agency receives the return receipt; or
(c) The date on which the agency receives notice that the mail has been returned undelivered.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 88, sec. 15, effective July 14, 2022.